With Loper Bright’s recent death blow to Chevron deference, some commentators have been predicting substantial constriction of the administrative state and the narrowing or limiting of the powers of federal regulators. For...more
7/25/2024
/ Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Applicants ,
ECOA ,
EFTA ,
Loper Bright Enterprises v Raimondo ,
Mortgage Lenders ,
Race Discrimination ,
Regulation B ,
Regulatory Authority ,
RESPA ,
Statutory Interpretation
It is no secret that the Federal Deposit Insurance Corporation (FDIC) actively monitors its banks for compliance with Section 8 of the Real Estate Settlement Procedures Act (RESPA Section 8). However, in its March 2024...more
On March 8, 2024, the CFPB issued a blog post signaling a new front in its focus on “junk fees”—mortgage closing costs. Notably, the CFPB suggests that title insurance, credit report and appraisal, origination, and other...more
3/19/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Closing Costs ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Fees ,
Financial Services Industry ,
Mortgage Lenders ,
Mortgages ,
RESPA ,
Title Insurance ,
Truth in Lending Act (TILA)
On February 29, 2024, the CFPB issued Consumer Financial Protection Circular 2024-01: Preferencing and steering practices by digital intermediaries for consumer financial products or services. The circular provides guidance...more