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Former CFPB Office of Regulations Deputy Assistant Director joins financial services litigation and compliance group

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All Rise
Wednesday, November 5, 2025

The law firm of Baker Donelson has added Elena Babinecz, a financial services regulatory attorney with 23 years of experience in consumer financial services, as a shareholder in the firm’s Financial Services Litigation and Compliance Group in Washington, D.C. Babinecz joins Baker Donelson from the Consumer Financial Protection Bureau (CFPB), where she served over 12 years as a regulatory expert on fair lending, small business lending and language access.

“Because of her background with the CFPB, Elena brings a unique understanding of how regulators interpret and enforce consumer protection and fair lending laws and regulations,” Lori Patterson, chair of Baker Donelson’s Financial Services Litigation and Compliance Group, said. “Her depth of knowledge of the agency and its regulatory, supervisory, and enforcement approach will be invaluable to our clients as they develop and implement regulatory compliance programs and face related litigation, both at the federal and state levels.”

As the deputy assistant director in the Office of Regulations in charge of the Equal Credit Opportunity Act (ECOA), Babinecz led the CFPB’s work to interpret the ECOA and Regulation B. This involved coordinating with other financial regulatory agencies such as the Office of Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Reserve Board and the National Credit Union Administration, as well as the Department of Justice on enforcement matters.

Babinecz managed interdisciplinary rulemaking teams, such as the small business lending data collection rulemaking implementing Section 1071 of the Dodd-Frank Act. She also facilitated industry compliance with the 2015 Home Mortgage Disclosure Act (HMDA) as the agency’s HMDA Implementation Team Lead. She is also a leading attorney on regulatory challenges faced by the industry in serving limited English proficient consumers in their access to financial services and is a thought leader in advancing financial inclusion.

“I am thrilled to have joined Baker Donelson as a strategic advisor to its financial services clients,” Babinecz said. “In these times of change, I believe financial services providers are best positioned when they understand their compliance obligations, can anticipate shifts in governmental priorities, and are proactive in their approach to minimizing risks and innovating responsibly. The federal government is assessing its areas of focus in the consumer protection and fair lending space, and in the meantime, state regulators and state attorneys general are certainly not slowing down. Civil rights organizations and community groups also play an important role in this space. As I considered how best to share my first-hand knowledge to help support compliance, I wanted to join a full-service law firm with a national platform. It’s such a pleasure to be starting the next chapter of my career as part of Baker Donelson’s financial services team.”

Prior to her work at the CFPB, Babinecz was in private practice for over a decade. She counseled financial services clients in fair lending examinations and investigations by federal and state government agencies, including state attorneys general, as well as enforcement matters related to the mortgage banking industry.

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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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