On January 5, 2016, the Office of the Comptroller of Currency (“OCC”) announced that it had terminated consent orders against two national banks. In doing so, the OCC assessed civil money penalties against the banks relating to previous violations of the existing consent orders. The OCC announced that it was terminating…
On November 23, 2015, the Attorney General’s Office for the Commonwealth of Massachusetts reached a settlement agreement with a Massachusetts force-place-insurance company relating to allegations that it required homeowners to purchase unnecessary or overpriced force-placed insurance policies. Force-placed insurance is a form of homeowner’s insurance that may be acquired by a lender or mortgage…
On November 19, 2015, the California Department of Business Oversight (DBO) announced that it had reached a settlement with a national mortgage company over allegations the company overcharged customers for mortgage settlement services. The company allegedly charged consumers a $200 settlement service fee in connection with mortgage loans. The fee…
On November 19, 2015, the New York Department of Financial Services (DFS) announced that it had ordered a regional mortgage company to pay a $1 million fine and surrender its mortgage license over allegations the firm’s senior managers cheated on continuing education exams. Under New York law, all mortgage originators must…
A month has passed since the new TILA-RESPA Integrated Disclosure (“TRID” or “Know Before You Owe”) requirements went into effect on October 3, 2015, and while the transition has not been completely smooth, it has gone better than many expected. Below is a recap of some of the issues that…
On November 5, 2015, the DOJ’s U.S. Trustee Program announced that it entered into a nationwide settlement agreement with a national bank over allegations the bank failed to file mortgage payment change notices in bankruptcy proceedings. When a debtor has entered Chapter 13 bankruptcy proceedings, federal bankruptcy law requires mortgage…
In August, the CFPB issued a compliance bulletin to clarify lenders’ obligations to terminate Private Mortgage Insurance (PMI) charges under 12 U.S.C. § 4902. One subject that the bulletin did not address—but which is somewhat ambiguous—is how to calculate when PMI must be terminated after a loan is modified. Unless a borrower…
On October 15, 2015, the New Jersey Attorney General announced that the New Jersey of Division of Consumer Affairs reached settlements with three companies and one individual to resolve allegations that the businesses falsely represented they were needed to help consumers obtain “surplus funds” remaining after a property foreclosure sale. “Surplus funds” are funds…
**EDITOR’S NOTE: This post was guest-authored by Goodwin Procter partner Joe Yenouskas and associate Alyssa Sussman. Both are members of Goodwin Procter’s Consumer Financial Services Litigation Group.** A series of putative class actions have been filed recently in New York federal courts by borrowers alleging that their mortgage satisfactions were not timely…
On October 6, the U.S. Attorney for the Southern District of New York announced an $85 million settlement to resolve claims for civil fraud under the False Claims Act that a bank certified roughly 1,400 mortgage loans as eligible for FHA insurance, when the bank knew that the loans were in fact ineligible and failed…
Arguably the most pressing topic at this year’s Mortgage Bankers Association’s (MBA) Regulatory Compliance Conference (held on September 20-22, 2015 in Washington, D.C.) was the implementation of the TILA-RESPA Integrated Disclosure (TRID) Rule, which will take effect on October 3, 2015. While industry leaders at the conference generally seemed to accept…
On September 29, 2015, the DOJ announced that it had entered into a consent order with a regional bank over allegations that it engaged in redlining practices in violation of the Equal Credit Opportunity Act (ECOA). The bank holds over $900 million in assets and offers traditional deposit accounts, mortgage…
On September 24, 2015, the DOJ and HUD announced that the owner and employees of a regional mortgage company had been sentenced for their participation in a $64 million mortgage fraud scheme. According to the DOJ, the Defendants operated a regional mortgage company, which specialized in securing Federal Housing Administration…
On September 24, 2015, the CFPB and the DOJ announced a settlement with a regional bank over allegeatoins that it engaged in redlining practices in violation of the Equal Credit Opportunity Act (ECOA). According to the complaint, the bank allegedly discriminated against minorities by systematically preventing residents of certain minority neighborhoods from…
On September 22, 2015, the Nevada Attorney General’s Office announced criminal indictments of several individuals relating to a mortgage fraud scheme. The defendants, who owned and operated a regional mortgage company, allegedly promised homeowners they qualified for a federal program known as the “Neighborhood Stabilization Plan.” As alleged in the…
On September 10, the New York Office of the Attorney General (NY AG) announced a settlement with a state bank to resolve claims of discriminatory lending in violation of the Fair Housing Act (FHA) and state and local law. The NY AG alleged that the bank engaged in unlawful redlining by failing…
A U.S. District Judge in the Northern District of Illinois recently granted summary judgment in favor of defendant PNC Bank on a borrower’s promissory estoppel and Illinois Consumer Fraud Act (ICFA) claims in connection with PNC’s HAMP procedures. In its August 25, 2015 decision the court found that PNC’s actions…
On September 4, 2015, the Department of Justice (“DOJ”) announced that a company engaged in reverse mortgage servicing agreed to pay $29.63 million to settle allegations that it violated the False Claims Act (“FCA”) in connection with its participation in the Department of Housing and Urban Development’s (“HUD”) Home Equity Conversion Mortgage…
On September 3, 2015, the Federal Trade Commission (“FTC”) agreed to settle allegations with a mortgage relief services company that allegedly charged homeowners an illegal fee for assistance the company never provided. The FTC brought its claims under section 5(a) of the Federal Trade Commission Act (“FTCA”), 15 U.S.C. § 45(a), the Mortgage Assistance Relief Services Rule (“MARS…
On September 3, a reverse mortgage servicing company settled alleged violations of Federal Housing Administration (FHA) regulations with the U.S. Department of Housing and Urban Development (HUD). In July 2013, an individual brought a qui tam action in the U.S. District Court for the Middle District of Florida pursuant to the False Claims…