CFPB and Maryland Settle with Two National Banks under RESPA

On January 22, 2015, the CFPB and the Maryland Attorney General announced a settlement with two national banks related to an investigation into allegations that the loan officers at the banks steered customers to a title company in exchange for allegedly illegal kickbacks. The Complaint alleged that the banks and the title company engaged in a quid pro quo scheme that increased the number of loans that the banks originated. Under the settlement agreement, one of the banks will provide $10.8 million in restitution to affected customers, $21 million in penalties to the CFPB, and $3 million in penalties to the Maryland Consumer Protection Division. The other bank will provide $300,000 in restitution to affected customers, $500,000 in penalties to the CFPB, and $100,000 in penalties to the Maryland Consumer Protection Division. The litigation remains pending in the U.S. District Court for the District of Maryland for claims asserted against two individuals tied to the title company and while the court considers the proposed consent orders.