Mortgages, Banking Sector, Lenders

PRA to review Loan to Income flow limit rule and offers interim modification by consent

A&O Shearman on 7/22/2025

The Prudential Regulation Authority (PRA) has announced it will be reviewing the Loan to Income (LTI) flow limit requirements, following the Financial Policy Committee's (FPC) recommendation, as stated in its July financial...more

Florida Appeals Court Reverses Mortgage Foreclosure for Lack of Specific Findings

Adams & Reese on 7/9/2025

A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more

English Supreme Court holds that the Etridge protocol applies to hybrid loan transactions

Hogan Lovells on 7/8/2025

Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that...more

Executive Summary – New York Regulation and Disclosure – What Mortgage Applicants Need to Know

Blank Rome LLP on 6/13/2025

A new law in New York took effect on June 11, 2025, requiring banking organizations, licensed lenders, and mortgage bankers provide a disclosure pamphlet titled “What Mortgage Applicants Need to Know” (the “Pamphlet”)....more

Why Does the CFPB Disguise Important Mortgage Data?

GeoDataVision on 5/29/2025

Banks play a pivotal role in the economic wellbeing of our nation and local communities. Banks do this by being “financial intermediaries” facilitating the flow of funds between savers and borrowers. This obligation is so...more

New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively

Holland & Knight LLP on 5/27/2025

The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,...more

OCC reports improved mortgage performance in Q4 2024

Orrick, Herrington & Sutcliffe LLP on 3/31/2025

On March 24, the OCC published its Mortgage Metrics Report for the fourth quarter of 2024. The Report analyzed the performance of first-lien residential mortgage loans serviced by seven national banks in the U.S. As of...more

OCC’s Hood discusses Project REACh on helping underserved areas

Orrick, Herrington & Sutcliffe LLP on 3/31/2025

On March 24, the OCC’s Acting Comptroller, Rodney E. Hood, delivered a speech which highlighted the OCC’s ongoing commitment to financial inclusion through Project REACh. The OCC’s Project REACh will focus on affordable...more

Consumer Finance State Roundup - March 2025

Alston & Bird on 3/7/2025

The latest edition of the Consumer Finance State Roundup highlights recently enacted measures of potential interest from two states: California: Effective January 1, California Assembly Bill 3108 addresses mortgage fraud. ...more

Texas Passes Law Expanding Mortgage Borrower Protections

Sheppard Mullin Richter & Hampton LLP on 12/16/2024

Effective November 23, 2024, the Texas Department of Savings and Mortgage Lending (the “DSML”) adopted new rules affecting mortgage loan companies, mortgage bankers, individual residential mortgage loan originators, and...more

District Court denies stay of CFPB case against lender

Orrick, Herrington & Sutcliffe LLP on 1/29/2024

On January 12, the U.S. District Court for the Southern District of Florida denied a defendant-mortgage lender’s motion to stay a case filed by the CFPB. The defendant argued that judicial economy—the preservation of the...more

Structured Finance Spectrum - Summer 2023

Alston & Bird on 8/9/2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

FHFA Eliminates Adverse Market Refinance Fee

Goodwin on 7/30/2021

In This Issue. The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac will no longer charge lenders the Adverse Market Refinance Fee; the Federal Deposit Insurance Corporation (FDIC) is seeking...more

House Votes to Repeal OCC True Lender Rule

Goodwin on 7/28/2021

In This Issue. The House of Representatives voted to pass a Congressional Review Act resolution repealing the Office of the Comptroller of the Currency’s (OCC) “true lender” rule; the Consumer Financial Protection Bureau...more

Supreme Court Decision Empowers President Biden to Replace Director of FHFA

Goodwin on 6/25/2021

In This Issue. In a move that gives him the opportunity to put his stamp on housing policy and the potential overhaul of Fannie Mae and Freddie Mac, President Biden replaced the Director of the Federal Housing Finance Agency...more

SEC Releases 2021 Examination Priorities

Goodwin on 3/8/2021

In this Issue. The U.S. Securities and Exchange Commission (SEC) Division of Examinations released its 2021 Examination Priorities and issued a risk alert noting that “Digital Asset Securities” entail characteristics and...more

ISS Publishes 2021 Proxy Voting Guidelines

Goodwin on 11/19/2020

In the News. Institutional Shareholder Services (ISS) published its proxy voting guidelines updates for 2021, which include new and updated voting recommendations on federal forum and exclusive forum provisions in companies’...more

CFPB, FTC And 50 States Show Power In Numbers With Operation Corrupt Collector

Goodwin on 10/2/2020

In the News. The Consumer Financial Protection Bureau (CFPB), along with the Federal Trade Commission (FTC) and more than 50 federal and state law enforcement partners, announced Operation Corrupt Collector, a nationwide law...more

Oregon Banks and Trade Association File Declaratory Action Requesting Relief from State Legislation Alleged to be Retroactively...

Troutman Pepper Locke on 8/20/2020

On August 13, 2020, the Oregon Bankers Association (“OBA”) and three Oregon-chartered banks filed a Complaint for declaratory and injunctive relief against the State of Oregon, Oregon’s Attorney General, and the Director of...more

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