The Florida legislature recently amended its laws regarding bankruptcy matters in foreclosure proceedings, effective October 1, 2018. The Florida Office of Financial Regulation recently amended its rules to allow military personnel, veterans, and spouses to receive reimbursement for application, renewal and reactivation fees for a loan origination license, effective September 25, 2018. The Oklahoma legislature […]
The Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, and Office of the Comptroller of the Currency (collectively the “agencies”) issued an Interagency Statement Clarifying the Role of Supervisory Guidance on September 11, 2018 to explain the role of supervisory guidance and to describe the agencies’ approach […]
The Maryland legislature recently amended its laws relating to notices of foreclosure, effective October 1, 2018. “Department” means the Maryland Department of Labor, Licensing, and Regulation. “Foreclosed Property Registry” means the Foreclosed Property Registry established by the Department. “Local jurisdiction” means: “Person authorized to make the sale” means the person designated under the Maryland rules […]
The Connecticut legislature recently amended its laws related to foreclosure mediation and the Banking Law of Connecticut (“Act”). All the legislation discussed in this memorandum is effective October 1, 2018. Connecticut Senate Bill 391 The Connecticut legislature recently amended the law governing foreclosure mediation to remove the requirement that a borrower represented by counsel attend […]
The Bureau of Consumer Financial Protection (“CFPB”) issued an interpretive and procedural rule (the “Rule”) to clarify provisions of the Economic Growth, Regulatory Relief, and Consumer Protection Act (“Act”) which amended certain requirements of the Home Mortgage Disclosure Act (“HMDA”), effective September 7, 2018. The Act amended HMDA by adding partial exemptions from HMDA’s requirements […]
The Illinois legislature recently amended provisions of its laws related to foreclosure, effective August 23, 2018. A court’s jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant […]
The Idaho Department of Finance (“Department”) recently issued a policy statement on July 1, 2018 concerning the requirement of financial responsibility/fitness of mortgage loan originators, qualified persons in charge, and designated control persons of mortgage brokers and lenders under the Idaho Residential Mortgage Practices Act. The policy statement replaces former policy statement 2017-01. The policy […]
The Bureau of Consumer Financial Protection (“CFPB”) recently amended provisions of Regulation P (which implements the Gramm-Leach-Bliley Act) related to the annual privacy notice, effective September 17, 2018. Unless otherwise provided, a financial institution for which the CFPB has authority must provide a clear and conspicuous notice to customers that accurately reflects the institution’s privacy […]
The Washington Department of Financial Institutions (“Department”) recently revised rules related to the Consumer Loan Act (“Act”). The Act applies to each loan made to a resident of Washington by a licensee under the Act or persons subject to the Act, effective September 1, 2018. “Individual servicing a residential mortgage loan” means a person who […]
The Illinois legislature, Rhode Island Department of Business Regulation, Banking Division, and Utah Department of Commerce, Division of Real Estate, recently released new regulatory updates.
The Arizona legislature recently enacted a regulatory sandbox program (see definition below) to allow companies to test innovative financial service products without a licensing requirement, effective August 3, 2018. “Applicable agency” means an Arizona department or agency established by law to regulate certain types of business activity in Arizona and persons engaged in such business, […]
The Council of the District of Columbia recently enacted the Consumer Protection Clarification and Enhancement Amendment Act of 2018 (“Act”) to provide clarification on unfair or deceptive trade practices, effective July 17, 2018. In construing the term “unfair or deceptive trade practice” due consideration and weight must be given to the interpretation by the Federal […]