CFPB files amicus brief in well-known Edwards v. First American kickback case

On Monday this week, the Consumer Financial Protection Bureau(CFPB) files amicus brief in well-known Edwards v. First American kickback case. From the CFPB website – This case concerns the types of evidence a private plaintiff needs to put forward to demonstrate that a defendant paid for a referral in violation of the Real Estate Settlement Procedures Act…

H.R. 1077 is Dead; Replaced with H.R. 3211

Never underestimate a determined opponent. On September 28, 2013, shortly before Congress shut down, a bipartisan group of representatives from the House Financial Services Committee introduced a RESPRO-sponsored piece of legislation known as H.R. 3211, the Mortgage Choice Act. Instead of proceeding on H.R. 1077, known as the Consumer Mortgage Choice Act, the new bill strips…

NAILTA Continues Fight on Vetting

The National Association of Independent Land Title Agents (NAILTA) has joined with the Escrow Institute of California (EIC) and American Escrow Association (AEA) to participate in the Consumer Mortgage Coalition (CMC) in an effort to address third party vetting issues. The CMC is a coalition of trade organizations from the banking and finance sectors which…

CFPB Publishes Final Qualified Mortgage Rule

Yesterday, the Consumer Financial Protection Bureau (CFPB) issued its much-anticipated final rule concerning qualified mortgages. In July, 2010, Congress passed the Dodd-Frank Financial Reform Act mandating that the CFPB propose rules to protect consumers from toxic mortgage products. The CFPB, following its Congressional mandate, has created a final rule after reviewing 1,800 public comments from industry groups,…

NAILTA responds to Secure Settlements, Inc – White Paper Response

Secure Settlements, Inc. provided a response to NAILTA’s white paper entitled, “Third Party Vetting Companies: Are they Legal or Necessary?”. In the letter, SSI argues that its vetting process, although not regulated by any administrative authority and not a test of agency competence, complies with the standards established by CFPB in its Bulletin 2012-03. SSI…