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RESPA News Monthly  <br>February 2025

RESPA News Monthly Edition
RESPA News Monthly
February 2025
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CFPB sues Rocket Homes, brokerage alleging kickback scheme, RESPA violations
Posted Date: Monday, December 30, 2024

The Consumer Financial Protection Bureau (CFPB) sued Rocket Homes, accusing it of providing incentives to real estate brokers and agents in exchange for steering homebuyers to Rocket Mortgage for loans. The CFPB also sued a real estate brokerage firm and its owner for its alleged role in the arrangement.  

Experts shared with RESPA News what the bureau’s latest enforcement action might mean for the industry.


 
Pennsylvania AG files complaint against mortgage brokers alleging kickback scheme
Posted Date: Thursday, January 23, 2025

Pennsylvania Attorney General Michelle Henry filed a complaint against a group of mortgage brokers and their manager alleging a kickback scheme that involved real estate agents, in violation of RESPA.


 
CFPB issues enforcement action for redlining
Posted Date: Monday, January 20, 2025

The Consumer Financial Protection Bureau accused a mortgage company of discriminatory mortgage lending activities in an enforcement action claiming the company discouraged homebuyers in the Chicago and Boston areas from applying for mortgages in majority-minority areas.


 
RESPA complaint hinges on what constitutes a QWR
Posted Date: Monday, January 20, 2025

A pro se plaintiff filed a complaint against his mortgage servicer claiming it violated RESPA after he sent a notice of error to the servicer and it failed to timely respond. The servicer moved for summary judgment. The court focused on whether the servicer received a qualified written request from the plaintiff.


 
HUD charges Texas HOA with racial discrimination
Posted Date: Monday, January 20, 2025

The U.S. Department of Housing and Urban Development is charging a Providence Village, Texas, homeowners association with housing discrimination for enacting rules the agency said were designed to effectively remove Black residents who used housing choice vouchers from the community.


 
HUD updates multifamily underwriting criteria
Posted Date: Monday, January 20, 2025

The U.S. Department of Housing and Urban Development and the Federal Housing Administration announced updated requirements for several of its multifamily mortgage insurance programs aimed at increasing financial flexibility and affordable housing options.


 
MBA data shows mortgage applications on the rise
Posted Date: Monday, January 20, 2025

The Mortgage Bankers Association Builder Application Survey data for December 2024 showed mortgage applications for new home purchases were up year-over-year and down slightly from November.


 
Bill Pulte to be nominated for FHFA director
Posted Date: Monday, January 20, 2025

President-elect Donald Trump said he intends to nominate Bill Pulte to become the next director of the Federal Housing Finance Agency. If confirmed by the Senate, Pulte would take over for Sandra Thompson and become the agency’s fourth director since it was established in July 2008.


 
Settlement with servicer over ‘convenience fees’ is largest in HUD history
Posted Date: Thursday, January 16, 2025

The U.S. Department of Housing and Urban Development (HUD) reached a historic settlement with PHH Mortgage Corp. (PHH) to resolve allegations that PHH unlawfully charged fees to borrowers when they made a mortgage payment. The settlement is the largest reimbursement amount to the most Federal Housing Administration borrowers in HUD’s history.


 
Court considers Nationstar motion to dismiss RESPA complaint
Posted Date: Thursday, January 16, 2025

The plaintiffs sought rescission of their mortgage loan, claiming their mortgage originator and servicer failed to provide true, complete, accurate and timely loan documents in violation of the Truth in Lending Act, RESPA, the Equal Credit Opportunity Act and the Fair Credit Reporting Act. The servicer moved to dismiss the complaint.


 
FHA actions focus on transparency for mortgage servicers, affordability
Posted Date: Thursday, January 16, 2025

The U.S. Department of Housing and Urban Development and the Federal Housing Administration announced two actions that aim to increase homeownership affordability and enhance clarity and transparency for mortgage servicers in its Single-Family program.


 
FCC warns mortgage providers of pervasive impersonation scam
Posted Date: Thursday, January 16, 2025

The Federal Communications Commission is warning mortgage providers about a nationwide fraudulent calling campaign targeting homeowners seeking mortgage relief. The scammers have impersonated over 400 mortgage institutions and caused hundreds of thousands of dollars in losses to deceived homeowners.


 
HUD awards more than $450 million in support of affordable housing
Posted Date: Thursday, January 16, 2025

The U.S. Department of Housing and Urban Development (HUD) announced it awarded more than $450 million in funding in support of a variety of affordable housing initiatives throughout the country.


 
Settlement with servicer over ‘convenience fees’ is largest in HUD history
Posted Date: Monday, January 13, 2025

The U.S. Department of Housing and Urban Development (HUD) reached a historic settlement with PHH Mortgage Corp. (PHH) to resolve allegations that PHH unlawfully charged fees to borrowers when they made a mortgage payment. The settlement is the largest reimbursement amount to the most Federal Housing Administration borrowers in HUD’s history.


 
Supreme Court declines to hear NAR appeal of DOJ investigation
Posted Date: Monday, January 13, 2025
The U.S. Supreme Court denied a writ of certiorari request from the National Association of Realtors (NAR), meaning it will not weigh in on the years-long court battle between NAR and the Department of Justice.

 
CFPB: Medical debt rule will lead to more mortgage approvals
Posted Date: Monday, January 13, 2025

The Consumer Financial Protection Bureau said it expects its final rule prohibiting medical debt from being included on credit reports used by lenders to make credit determinations to lead to approximately 22,000 additional, affordable mortgage loan approvals annually.


 
HUD allocates $12 billion in long-term disaster relief, issues guidance
Posted Date: Monday, January 13, 2025

U.S. Department of Housing and Urban Development issued nearly $12 billion in Community Development Block Grant-Disaster Recovery (CDBG-DR) funds for communities across 24 states and territories to support recovery 2023 and 2024 natural disasters.

To provide guidance for the implementation of the funding, HUD also published the universal notice for CDBG-DR.


 
CFPB adjusts TILA asset-size exemption thresholds
Posted Date: Monday, January 13, 2025

As part of the Consumer Financial Protection Bureau’s annual inflation adjustment final rules, the bureau amended Regulation Z (Truth in Lending) to reflect changes in the asset-size thresholds to qualify for an exemption to the requirement to establish an escrow account for a higher-priced mortgage loan. 


 
FHA proposes updates to partial claim recording, payoff statements
Posted Date: Monday, January 13, 2025

The Federal Housing Administration posted an updated draft of its Partial Claim Document Recording and Payoff Statements Mortgagee Letter for review and feedback.


 
Warren has long list of questions for HUD nominee
Posted Date: Monday, January 13, 2025

Sen. Elizabeth Warren (D-Mass.), the top Democrat on the Senate Committee On Banking, Housing, And Urban Affairs, sent a 13-page letter filled with questions to U.S. Department of Housing and Urban Development Secretary-Designate Scott Turner in advance of his confirmation hearing.


 
Florida mortgage company reaches settlement with DOJ over redlining claims
Posted Date: Thursday, January 9, 2025

The Department of Justice secured a settlement with a non-depository mortgage company over allegations the company engaged in lending discrimination by redlining predominantly Black and Hispanic neighborhoods in the Miami-Fort Lauderdale-West Palm Beach, Fla., area.


 
State regulators levy $20 million fine on servicing company after data breach
Posted Date: Thursday, January 9, 2025

A group of 53 state regulators reached a settlement with a mortgage company and three of its affiliates that includes a $20 million fine and corrective action for their deficient cybersecurity practices and for not cooperating with regulators after a data breach that impacted 5.8 million customers.


 
Podcast: Calabria speaks on Trump 2.0, possible TILA-RESPA updates
Posted Date: Thursday, January 9, 2025

The October Research Keys to Real Estate podcast interrupted its season break to deliver a timely and exclusive discussion with Dr. Mark Calabria, a senior advisor at the Cato Institute who served as director of the Federal Housing Finance Agency during the first Trump administration, to discuss the impact Trump’s second term could have on the housing market and the economy, as well as his views on possible updates to the TILA-RESPA Integrated Disclosure rule.


 
HUD final rule updates HOME program regulations
Posted Date: Thursday, January 9, 2025

The U.S. Department of Housing and Urban Development published a final rule in the Federal Register to strengthen and modernize regulations for the HOME Investment Partnership Program, the largest federal grant program specifically for creating housing for disadvantaged households.


 
FHA updates defect taxonomy to include servicing loan reviews
Posted Date: Thursday, January 9, 2025

The Federal Housing Administration revised its defect taxonomy, adding new content focused on Title II loan reviews, to provide greater clarity and transparency into its servicing loan review process.


 
CFPB finds servicers impede successor homeowners after death, divorce
Posted Date: Monday, January 6, 2025

The Consumer Financial Protection Bureau’s recent report about how homeowners deal with their mortgage company after divorce or the death of an original borrower found several areas of concern, including servicers pushing successor homeowners to take on new, higher-interest loans and family members being stuck in a customer service “doom loop.”


 
FHFA, Treasury work on process to end GSE conservatorships
Posted Date: Monday, January 6, 2025

The Federal Housing Finance Agency and the U.S. Treasury Department took a significant step toward creating a path to end the conservatorships of government-sponsored enterprises Fannie Mae and Freddie Mae with amendments to the Preferred Stock Purchase Agreements.


 
Fathom Holdings JV expands Texas market
Posted Date: Monday, January 6, 2025

Fathom Holdings announced the expansion of its joint venture, Verus Title Elite, into a fourth Texas market.


 
CDFI Fund awards record amount of funding in 2024
Posted Date: Monday, January 6, 2025

The U.S. Department of the Treasury’s Community Development Financial Institutions Fund awarded more assistance resources in 2024 than in any other year in its history. Last year marked the 30th anniversary of the creation of the community development fund.


 
Mortgage subservicer receives FHA Tier 1 rating from HUD
Posted Date: Monday, January 6, 2025

A mortgage subservicer received a Tier 1 rating from the U.S. Department of Housing and Urban Development (HUD) for its Federal Housing Administration servicing performance under HUD’s Tier Ranking System II.


 
FHFA NPL report shows steady drop in delinquencies
Posted Date: Monday, January 6, 2025

The Federal Housing Finance Agency’s report on non-performing loans sold by Fannie Mae and Freddie Mac through the first half of 2024 showed a steady drop in delinquencies since the pandemic.


 
Trigger lead bill resurrected, passed by Senate
Posted Date: Thursday, January 2, 2025

After the “Homebuyer Privacy Protection Act” was removed from the 2025 U.S. budget plan, many thought the measure limiting the use of trigger leads was not going to proceed. However, the Senate approved the bipartisan bill, and it now heads to the House.

Many industry groups applauded the action.


 
Court considers RESPA, TILA claims against lender
Posted Date: Thursday, January 2, 2025

In the latest development in a case involving a plaintiff who brought a case on behalf of her minor child claiming a refinance loan taken out by her deceased husband was predatory and fraudulent, the Eastern District of Louisiana ruled on the remaining claims under RESPA and the Truth in Lending Act.


 
HUD announces partnerships, funding to expand housing resources
Posted Date: Thursday, January 2, 2025

The U.S. Department of Housing and Urban Development announced a series of measures to address homelessness, including updating surplus property regulations, making resources available to a select number of states and awarding millions of dollars to support veterans.


 
FHFA report shows refis on the rise in Q3 2024
Posted Date: Thursday, January 2, 2025

The number of refinances increased by 10 percent from the second to third quarter of 2024, according to the latest Federal Housing Finance Agency Foreclosure Prevention and Refinance Report.


 
Pending home sales continue upward trend
Posted Date: Thursday, January 2, 2025

Pending home sales gained again in November, to the highest level since February 2023, according to the National Association of Realtors.


 
HUD awards $225 million in grants to support manufactured housing
Posted Date: Monday, December 30, 2024

The U.S. Department of Housing and Urban Development awarded $225 million in grant funding to 17 entities across 26 states through the Preservation and Reinvestment Initiative for Community Enhancement (PRICE) program. PRICE supports manufactured housing communities through repairs, infrastructure upgrades, homeowner assistance and creation of new homes.  


 
FHFA finalizes housing goals for Fannie, Freddie
Posted Date: Monday, December 30, 2024

The Federal Housing Finance Agency finalized a rule that set annual benchmarks for Fannie Mae and Freddie Mac for their mortgage acquisitions for single-family and multifamily housing and updated the process for determining if an action plan must be filed for missing goals.


 
Existing home sales continue to build momentum
Posted Date: Monday, December 30, 2024

November’s existing home sales increased both month-over-month and year-over year, according to the National Association of Realtors. The annual increase was the largest year-over-year gain since June 2021.


 
CFPB adjusts HMDA exemption threshold
Posted Date: Monday, December 30, 2024

The Consumer Financial Protection Bureau adjusted the annual exemption threshold for Home Mortgage Disclosure Act requirements under Regulation C.


 
HUD adjustments address rising multifamily property management expenses
Posted Date: Monday, December 30, 2024

To address rising insurance and property management costs, the U.S. Department of Housing and Urban Development updated the operating cost adjustment factors for eligible multifamily housing projects under the Section 8 program.


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CFPB asks to vacate settlement with Townstone, citing misconduct by CFPB


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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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