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 […]
The North Carolina legislature recently amended its laws related to foreclosure. The amendments apply to foreclosure sales noticed on or after July 1, 2018.
The Colorado legislature recently amended its laws related to protections for consumer data privacy, effective September 1, 2018. The legislature also amended its laws related to the foreclosure process on property that is encumbered by a deed of trust, effective August 8, 2018.
The Colorado legislature recently amended its laws related to mortgage loan originator licensing, effective August 8, 2018. The Minnesota legislature recently amended its laws related to mortgage originator licensing, effective August 1, 2018. The New Hampshire legislature recently amended its laws related to mortgage licensing, and exemptions from licensing, effective August 7, 2018.