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BarkerGilmore adds former Staples EVP to senior advisor roster

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All Rise
Wednesday, July 17, 2019

Michael T. Williams, who most recently served as Executive Vice President, Chief Legal Officer & Secretary of Staples, Inc., has joined BarkerGilmore, a New York-based boutique legal and compliance executive search, advisory, and leadership development firm.  The newest member of a distinguished team of Fortune 500 General Counsel and Chief Compliance Officers, Williams adds his considerable international expertise to the strategic counsel, leadership development, and other services BarkerGilmore advisors provide to legal and compliance departments, CEOs, and boards across the country, including General Counsel recruiting and placement.

In making the announcement, Robert Barker, Managing Partner of BarkerGilmore, said  Williams’s depth of experience adds another dimension to clients seeking to bring out the best in their people and take their organization to the next level.  “Michael is an accomplished C-Suite legal officer who has outstanding experience advising Fortune 500 senior executives and boards of directors in the United States and across the globe on strategic corporate growth.  With his proven business expertise and his success in creating award-winning, high-perfomance, globally integrated legal teams to deliver enhanced solutions and exceptional results, he will be invaluable in helping BarkerGilmore’s clients optimize their organizations and drive revenue.”

In addition to his tenure at Staples, Inc., Williams served as Executive Vice President, General Counsel & Secretary at Sony Electronics, Inc., responsible for all legal functions for the multi-billion dollar electronics company in the U.S., Central and South America.  He managed 60+ plus professionals in seven departments: Law (including licensing and trademark prosecution), Trade Strategy & Compliance, Information Systems Security, Government Affairs, Community Affairs, Technical Standards Office, and Ethics, Compliance & Personal Information Management. In addition, Williams provided global legal support for three business units (Digital Reader Business, Digital Cinema, and Sony Creative Software) and oversaw regional compliance activities in the Americas.  Prior to that time, he was a partner at the law firms of Heller Ehrman LLP and Andrews & Kurth LLP.

The recipient of numerous national industry awards, Williams and his legal team at Staples received the 2016 NYSE Governance, Risk & Compliance Leadership Award – Best In-house Legal Team for Corporate Governance at a Large Cap Company.  This award was earned by having provided strategic and legal oversight for global transactions and instituting a series of best practices for corporate governance, new director onboarding, activist shareholder campaign management, cybersecurity breaches, and FCPA investigations.

Williams graduated from the University of San Diego School of Law, cum laude, and served as Managing and Research Editor of the San Diego Law Review.  He was the recipient of the  2010 University of San Diego School of Law Distinguished Alumni Award.  He graduated with a Bachelor of Arts in Political Science, magna cum laude, from Ithaca College.  Williams served as an infantry officer in the U.S. Marine Corps before attending law school.

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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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