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Getting to Know Your Regulators webinar

Complimentary Webinar

Original Air Date: February 24, 2021

It’s more important than ever to have a culture of compliance. State regulators are increasingly enforcing consumer protection and cybersecurity laws, while the Consumer Financial Protection Bureau continues its oversight of the industry. Former CFPB Deputy Director Brian Johnson, and former Assistant Director, Tony Alexis, will share their CFPB viewpoint. Followed by Hunter Wiggins, former Principal Deputy Enforcement Director at the CFPB sharing the state regulator perspective.

Together they will help navigate your compliance concerns with state and federal regulators and speak to the 2021 trends. It is important to learn:

  • When to connect with the appropriate departments
  • Which department is charged with oversight
  • To provide is accurate, relevant information
  • The best way to engage regulators
  • To be responsive to their guidance
  • Expected CFPB priorities

Hear what some attendees had to say...

"I found this presentation to be very helpful and informative."

"This was a great topic that has been possibly swept under the rug for a while and may be a huge factor across the country in the coming year(s)."

Thank you to Stewart for sponsoring this complimentary webinar.

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Featured Instructors

Brian Johnson
Partner
Alston & Bird LLP

Brian Johnson is a partner in Alston & Bird’s Financial Services & Products Group and the Consumer Financial Services Team.

Before joining the firm, Brian served as deputy director of the Consumer Financial Protection Bureau (CFPB), where he was responsible for policy development, strategic planning, and execution of the CFPB’s statutory supervision, examination, enforcement, rulemaking, and research activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, call for evidence RFI series, policy symposia series, and Start Small, Save Up emergency savings program.

Brian held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services, where his portfolio covered consumer protection and credit, mortgage origination, credit reporting, banking, and data security. His efforts on the committee involved drafting legislation to provide regulatory relief to bank, credit union, and nondepository financial institutions, as well as conducting oversight of the activities of the CFPB, Financial Stability Oversight Council, Federal Deposit Insurance Corporation, Office of Financial Research, Office of the Comptroller of the Currency, Federal Reserve System, and National Credit Union Administration.

Tony Alexis
Partner
Goodwin

Tony Alexis is a partner in Goodwin’s Financial Industry and Consumer Financial Services Litigation practices and serves as the head of the firm’s Consumer Financial Services Enforcement practice.

Mr. Alexis’ practice focuses on representing financial services institutions and litigation matters, with a focus on class action litigation and government and regulatory investigations. Prior to joining Goodwin in 2017, Mr. Alexis served as Assistant Director and Head of the Office of Enforcement at the Consumer Financial Protection Bureau (CFPB), where he developed and managed the CFPB’s enforcement strategy, consumer financial investigations and litigation. He coordinated strategy, investigations and litigation in areas such as fair lending, payday/short-term loans, mortgage origination, mortgage servicing, credit cards, credit reporting, debt collection, student and automobile lending, and payments systems with leaders of the enforcement and regulation departments at the Department of Justice (DOJ), U.S. Attorneys’ Offices, state attorneys general, U.S. Securities and Exchange Commission (SEC), the U.S. Commodity Futures Trading Commission (CFTC), the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of Currency (OCC), the California Department of Business Oversight and the New York State Department of Financial Services (NYDFS). Mr. Alexis also served as a member of the CFPB’s Executive Committee and its Civil Penalty Fund Governance Board. He joined the CFPB as the Deputy Enforcement Director for Field Litigation, and was responsible for enforcement work conducted by the CFPB’s regional offices.

Prior to joining the CFPB, Mr. Alexis was a partner at the Washington, D.C. office of an International law firm, where his practice focused on representing individuals and business organizations in government investigations and complex litigation. Previously, Mr. Alexis served for nearly two decades at the Department of Justice, including more than ten years as an Assistant United States Attorney in the District of Columbia, where he prosecuted cases as the senior attorney in the Fraud & Public Corruption Section and as the Deputy Chief of the Federal Major Crimes Section.

C. Hunter Wiggins
General Counsel
Illinois Department of Financial and Professional Regulation

C. Hunter Wiggins is General Counsel of the Illinois Department of Financial and Professional Regulation. He is the former Principal Deputy Enforcement Director at the Consumer Financial Protection Bureau and a former Deputy Assistant Director at the Securities and Exchange Commission, with extensive experience conducting internal investigations and defending both companies and individuals in complex government investigations and private litigation involving consumer finance and securities laws. Hunter also served as in-house attorney at a Fortune 500 healthcare company and as a partner in two global law firms. He received his B.A., magna cum laude, from the University of Iowa, and his J.D., cum laude, from the University of Michigan Law School.

Moderator

Tara Smith

Tara Smith
Group President - Agency Operations
Stewart

Tara S. Smith, serves as Group President of Stewart’s Agency Operations. In this role, she serves on the executive team and oversees Stewart’s independent title agency network of Trusted Providers™ and all products and services offered to our agency network. Ms. Smith joined Stewart in 2013 with 12 years in public accounting through which she provided strategic guidance to clients in the oil-and-gas and financial services industries. Her leadership, deep knowledge, strategy implementation and problem-solving led to her rising through leadership roles that included the positions of Vice President, Agency Financial Director, and Executive Vice President. She earned a Bachelor of Business Administration in finance from the University of Texas at Austin.

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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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