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Insights / events

Presentation

The CFPB and Foreclosure: Latest Guidance, Areas of Scrutiny, and More

Read Time: 1 min

Member Jim Sandy (Cleveland) will present “The CFPB and Foreclosure: Latest Guidance, Areas of Scrutiny, and More” at the National Business Institute’s (NBI) Webcam Event Foreclosure 2024: Rules, Regulations, and Case Law on March 5, 2024. Jim will give a brief overview of who the CFPB Consumer Financial Protection Bureau regulates, explain the basis for the CFPB’s supervisory authority, review supervisory highlights, and then discuss enforcement and regulatory updates before switching to upcoming priorities.

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Insights

Alert

CFPB Proposes New Rules Aimed at “Streamlining” Mortgage Servicing

August 7, 2024

On July 10, 2024, the Consumer Financial Protection Bureau proposed a rule it says will streamline mortgage servicing and the loss mitigation process. If enacted, the proposed rule would significantly revise the Real Estate Settlement Procedures Act (RESPA), including regulations related to loss mitigation procedures and reviews, early intervention procedures, and errors in servicing mortgage loans.

Alert

Alabama Supreme Court Clarifies Hold-Over Tenant Foreclosure Payment Rules

June 10, 2024

For the first time, the Alabama Supreme Court held that a servicer and/or high bidder from a foreclosure sale can compel a hold-over tenant to make payments into court during the pendency of litigation over the propriety of foreclosure and/or ejectment. Prior to this decision, many trial courts were hesitant to grant such motions, and there was no clear guidance on a movant’s burden of proof.

Alert

CFPB Supervisory Highlights Reflect Continued Emphasis on “Junk Fees”

April 25, 2024

In the latest edition of its Supervisory Highlights, the CFPB targets so-called “junk fees” in the mortgage servicing industry. According to the CFPB, its examiners found that mortgage servicers continued to assess junk fees in a wide array of activities, including unnecessary property inspection fees and improper late fees.

McGlinchey Commercial Law Bulletin

Am I Bound by My Client’s Settlement Agreement?

March 8, 2024

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

McGlinchey Commercial Law Bulletin

Am I Entitled to a Bonus?

February 16, 2024

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

McGlinchey Commercial Law Bulletin

Can a Non-Signatory Be Compelled to Arbitrate?

January 26, 2024

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Alert

Chevron Deference is on Thin Ice

January 18, 2024

On Wednesday, January 17, 2024, the Supreme Court heard oral argument in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, a pair of cases where a majority of the Justices made clear that Chevron deference is on borrowed time.

Alert

CFPB: Ignorance is No Excuse in FDCPA False, Deceptive, Misleading Violations

January 17, 2024

On January 2, 2024, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief in the case of Carrasquillo v. CICA Collection Agency, Inc. where it argued that knowledge (i.e. “scienter”) of a violation of the Fair Debt Collection Practices Act (FDCPA) was not required to be found liable for making a false, deceptive, or misleading representation in connection with the collection of a debt.