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RESPA Updates You Need to Know webinar

Complimentary Webinar

Original Air Date: November 14, 2024

This educational webinar brings together two renowned legal experts, Marx Sterbcow of Sterbcow Law Group and Richard Horn of Garris Horn, to help you navigate through the evolving regulatory environment. From the settlements between title agencies and the Washington, D.C., Office of the Attorney General to the Supreme Court’s landmark decisions, this event will equip you with the knowledge and strategies to gain the competitive advantage.

Sterbcow and Horn also provide insights into:

  • The election results, giving their view on how it will impact the industry in the coming year.
  • The nuances of affiliated business relationships.
  • How to use HUD’s 10-part sham test to mitigate your own AfBA and joint venture risk.
  • And much more...

Don’t miss this opportunity to hear from the experts on the best compliance practices to keep you ahead of the curve.

Tailored specifically for mortgage lenders, title insurance personnel, real estate agents, attorneys, and in-house counsel, this professional and compelling event is a must-watch for anyone operating in the settlement services industry.

Thank you to SoftPro for sponsoring this complimentary webinar.

 

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Featured Speakers Moderator

Marx Sterbcow

Managing Attorney
The Sterbcow Law Goup LLC

Marx Sterbcow is nationally recognized as one of the leading legal authorities in the financial settlement services industry. Sterbcow’s practice focuses on RESPA, UDAAP, TILA, ECOA, Fair Housing Act, and other administrative and regulatory compliance laws. He advises banks, mortgage lenders, title insurance agencies and underwriters, law firms, property & casualty insurance agencies, and real estate brokerage companies across the United States on matters involving affiliated business arrangements, third-party vendor management auditing, CFPB & state regulatory enforcement, social media oversight, mergers and acquisitions, marketing and advertising agreement compliance, lead generation programs, and promotional advertising program guidance.

Sterbcow graduated from Tulane University with a B.A., Gonzaga University School of Law with a J.D., and the University of Illinois at Chicago’s Center for Real Estate Law with an LLM. His commitment to excellence in the field has earned him recognition as a Trendsetter by The Title Report.

A sought-after speaker and thought leader, Sterbcow continues to shape the industry's response to emerging regulatory challenges, pioneering innovative legal strategies in this rapidly evolving landscape.

Richard Horn

Co-Managing Partner
Garris Horn LLP

Richard Horn is a former Senior Counsel & Special Advisor in the Consumer Financial Protection Bureau’s Office of Regulations and a former Senior Attorney at the FDIC. Richard is currently Co-Managing Partner of Garris Horn LLP.

At the CFPB, Richard led the final rulemaking for the integrated disclosures under the Truth in Lending Act and the Real Estate Settlement Procedures Act (the TILA-RESPA Integrated Disclosure rule, also known as “TRID”). He also led the CFPB’s design of the integrated disclosures, as well as the qualitative and quantitative consumer testing of the disclosures. As a key architect of the TRID rulemaking, Richard is one of the foremost experts on the rule.

In private practice and in government, Richard has advised on consumer finance compliance matters and enforcement actions. He has worked on many issues, including:

  • TRID
  • RESPA Section 8 (including marketing services agreements, joint ventures/affiliated businesses, desk rentals, and other arrangements)
  • TILA, including the Ability-to-Repay/Qualified Mortgage, Loan Originator Compensation, Higher-Priced Mortgage, and HOEPA rules.
  • Federal and State government enforcement actions
  • Fair lending (including government enforcement and internal reviews)
  • Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)
  • Privacy and credit reporting, including FCRA and GLBA
  • State licensing, disclosure, and fee restrictions and requirements
  • Comment letters on rulemakings
  • Advisory Opinion Requests

Richard advises clients of all sizes, including banks, credit unions, non-bank mortgage lenders and brokers, title underwriters and agents, investors, and technology vendors on all state and federal regulatory compliance matters for consumer lending.

Leslie Wyatt

Director of Regulatory Compliance
SoftPro

Leslie Wyatt is the Director of Regulatory Compliance at SoftPro. She began her career in the real estate industry over 20 years ago, and joined SoftPro in 2002. She currently oversees the Compliance Department with her primary focus being on regulatory issues at the federal, state and county levels.

Leslie is a member of the ALTA Implementation Task Force, the Title Action Network Steering Committee, the ALTA Government Affairs Committee, the ALTA Membership Committee, the ALTA Education Committee and the TLTA Federal Issues Committee. She has represented ALTA at a congressional briefing regarding the CFPB and the TRID changes. Leslie travels throughout the country speaking on our industry’s hot topics with a focus on regulatory issues and compliance. Leslie continues to work with the CFPB on various projects regarding TRID, UCD, MISMO and other areas.


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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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