News & Analysis as of August 16, 2025

Lenders

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Putative Class Action Lawsuit Filed Against loanDepot Alleging Loan Originator Compensation Rule Violations

Ballard Spahr LLP on 7/21/2025

Recently, a complaint was filed against loanDepot.Com, LLC (“loanDepot”) in the U.S. District Court for the District of Maryland alleging violations of the Truth in Lending Act (TILA)/Regulation Z loan originator compensation...more

Rhode Island updates mortgage licensing provisions

Orrick, Herrington & Sutcliffe LLP on 6/30/2025

On June 24, the governor of Rhode Island signed into law H 5811 to amend the Secure and Fair Enforcement for Mortgage Licensing Act of 2009. The amendment changes the law to prohibit an individual who is licensed as both a...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

To Record or Not to Record a Mortgage Modification, That Is the Question

Katten Muchin Rosenman LLP on 9/26/2024

A common, and a venerable, question when modifying a mortgage loan — should the mortgage lender record the modification of the mortgage in the land records?...more

Fannie Mae and Freddie Mac announce adverse market LLPA

Ballard Spahr LLP on 8/20/2020

On August 12, 2020, Fannie Mae and Freddie Mac announced that the cost to originate and to deliver single family limited cash out refinances and cash out refinance mortgage loans would increase by one half of one percent...more

Consumer financial services: The road ahead: Mortgage origination and servicing

White & Case LLP on 3/6/2019

In 2018, the CFPB issued multiple rules, and Congress passed legislation, to clarify, revise and update the regulatory framework applicable to the home mortgage origination and servicing market....more

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

Burr & Forman on 8/31/2015

The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

Louisiana To Increase Licensing Fees in August

Ballard Spahr LLP on 7/16/2015

The state of Louisiana has amended its licensing fees applicable to mortgage lenders, mortgage brokers, mortgage servicers, and mortgage loan originators. Renewing licensees and new applicants will see an increase in state...more

UDAAP Council Weekly UDAAP Standards Report - 12/10/2014

Foley & Lardner LLP on 12/12/2014

Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the...more

CFPB Adopts Rules To Prevent Loan Originators From Steering Consumers Into Risky Mortgages

Stinson - Corporate & Securities Law Blog on 1/21/2013

The CFPB has issued rules to prevent mortgage lenders from steering borrowers into risky and high-cost loans. According to the CFPB, the rules ban certain incentives that loan originators had to sell unsafe loans to consumers...more

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