Mortgages, Disclosure Requirements, Mortgage Lenders

States Dialing in on Mortgage Trigger Leads

Mayer Brown on 7/3/2025

In a notable trend in state consumer financial regulation, state legislatures are increasingly seeking to regulate a variety of marketing and advertising practices, rather than limiting their regulatory focus limited to the...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

Iowa enacts provisions regarding prescreened mortgage solicitation practices

Orrick, Herrington & Sutcliffe LLP on 4/28/2025

On April 18, Iowa enacted HF 857 (the “Act”), prohibiting financial institutions from using unfair or deceptive practices when they use prescreened mortgage trigger lead information to solicit consumers who have applied for...more

2024 HMDA Modified Loan Application Data Published

Ballard Spahr LLP on 4/8/2025

The CFPB has announced that Home Mortgage Disclosure Act (HMDA) Modified Loan Application Register (LAR) data for 2024 are now available on the Federal Financial Institutions Examination Council’s (FFIEC) HMDA Platform for...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

Nutter Bank Report: July 2023

Nutter McClennen & Fish LLP on 7/31/2023

The Federal Reserve has announced that its FedNowSM Service, a new interbank settlement service with clearing functionality to support instant payments, went live on July 20 with 35 early-adopting banks and credit unions. The...more

4th Circuit: Borrower Must Return Loan Proceeds After Rescission Despite Lender’s Failure to Meet TILA Requirements

Sheppard Mullin Richter & Hampton LLP on 8/8/2022

Recently, the United States Court of Appeals for the 4th Circuit held that a mortgage servicer’s failure to provide a required disclosure informing borrowers of their three-day right to rescind the loan under the Truth in...more

CFPB Releases TRID Guidance for Juneteenth National Independence Day

Bradley Arant Boult Cummings LLP on 8/10/2021

Late last week, the Consumer Financial Protection Bureau (CFPB) released an interpretive rule that provided much-welcome guidance related to the effect of the new Juneteenth National Independence Day on disclosure waiting...more

CFPB To Revisit Trump-Era QM Final Rules

Goodwin on 2/26/2021

In this Issue. The Consumer Financial Protection Bureau (CFPB) issued a statement announcing its intention to revisit Trump-era qualified mortgage (QM) final rules; the Biden Administration announced changes to the Small...more

[Virtual Event] 27th NATIONAL FORUM ON Residential Mortgage Regulatory Enforcement & Litigation - November 17th - 18th, 9:00 am -...

American Conference Institute (ACI) on 11/13/2020

ACI’s Residential Mortgage Forum is a premier gathering of leading servicers, lenders, external counsel, and regulators engaging in dialogue on how to navigate the very complex residential mortgage enforcement and litigation...more

CFPB Publishes TRID FAQ’s and a Factsheet on Treatment of Title Insurance Premiums

Ballard Spahr LLP on 6/18/2020

On June 9, 2020, the CFPB published four new TRID FAQ’s and a TRID Factsheet (“Factsheet”). While the Factsheet is focused solely on the handling of title insurance disclosures under the rule, the FAQ’s cover various topics,...more

CFPB Updates HMDA FAQs

Ballard Spahr LLP on 3/13/2020

The CFPB recently updated its Home Mortgage Disclosure Act (HMDA) FAQs, regarding the reporting of race, ethnicity and sex for applications taken by mail, internet or telephone. ...more

CFPB Publishes TRID FAQ’s on Treatment of Lender Credits

Ballard Spahr LLP on 2/28/2020

The CFPB recently published ten new TRID FAQs related to lender credits. Previously the CFPB staff provided informal verbal guidance regarding lender credits, and the 2017 amendments to the TRID rule, often referred to as...more

Georgia and Colorado Address MLO Temporary Authority to Operate

Ballard Spahr LLP on 1/10/2020

Following receipt and consideration of three written comments on proposed rules distributed on November 18, 2019, the Georgia Department of Banking and Finance adopted final rules on December 20, 2019, that establish...more

CFPB Updates TRID Rule FAQs to Address Providing a Loan Estimate to Consumers

Ballard Spahr LLP on 8/2/2019

The CFPB recently updated the TRID rule FAQs to address questions about providing a Loan Estimate to consumers. The FAQs mostly confirm guidance previously provided by the CFPB in various forms. ...more

Self-Reporting, TRID, and CFPB

ArentFox Schiff on 7/19/2019

On July 11, 2019, I presented at the American Bankers Association webinar, entitled, “Mortgage Disclosure Cures and Corrections — Mitigating Liability.” Below is a summary of the points presented in the webinar and additional...more

Nutter Bank Report: June 2019

Nutter McClennen & Fish LLP on 6/27/2019

Federal Banking Agencies Expand Eligibility to Use Streamlined Call Reports - The federal banking agencies have adopted a final rule to reduce regulatory reporting requirements for certain banks with total assets of less...more

CFPB Releases 2018 HMDA Data

Ballard Spahr LLP on 4/3/2019

The CFPB recently released modified Home Mortgage Disclosure Act (HMDA) loan application registers of approximately 5,400 financial institutions for calendar year 2018. ...more

CFPB Revises TRID Guides to Reflect Black Hole Fix

Ballard Spahr LLP on 5/17/2018

The CFPB recently issued revised TILA/RESPA Integrated Disclosure (TRID) rule guides to reflect the adoption of an amendment to the rule to fix the so-called “black hole” issue. ...more

Mortgage lenders: The “black hole” has closed

Bricker Graydon LLP on 5/9/2018

In astronomy, there can be no escape from a black hole. In the world of residential mortgage lending, the CFPB has charted a new course, finally creating an escape from one of TILA/RESPA’s most impracticable rules. On April...more

CFPB Finalizes Amendment to TRID Mortgage Disclosure Rule

Kilpatrick on 4/30/2018

Amendment Addresses the “Black Hole” Issue - On April 26, 2018, the Consumer Financial Protection Bureau (CFPB or Bureau) finalized an amendment to its TILA-RESPA Integrated Disclosure (TRID) Rule that addresses when...more

House Passes Bill to Amend TRID Rule Disclosures

Ballard Spahr LLP on 2/16/2018

On February 14, 2018, the United States House of Representatives passed the TRID Improvement Act of 2017, H.R. 3978, by a vote of 245 to 171. The bill would amend the manner in which title insurance premiums are disclosed...more

CFPB Announces Intent to Reconsider Disclosure Rule

McGuireWoods LLP on 1/4/2018

On December 21, 2017, the Consumer Financial Protection Bureau (CFPB) issued a public statement regarding implementation of the Home Mortgage Disclosure Act (HMDA), noting that it plans to reconsider aspects of the mortgage...more

CFPB Launches Beta Version of HMDA Platform

Ballard Spahr LLP on 11/6/2017

On Friday November 3, 2017 the Consumer Financial Protection Bureau (CFPB) announced the launch of the Internet-based platform that financial institutions will use to submit data under the Home Mortgage Disclosure Act (HMDA)....more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending October 6 & 13, 2017

Carlton Fields on 10/18/2017

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE - Ad Valorem Taxes: land lease holders are considered equitable owners of land for tax purposes if land lease renews automatically and is perpetual; owners of condominium...more

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