Real Estate Law

Recent Posts

Foley & Lardner LLP on RESPA Liability and the Filed Rate Doctrine
Posted on 27 Jul 2009 by Michael D. Leffel and Matthew R. Lynch

Does a provider violate the Real Estate Settlement Procedures Act (RESPA) merely by charging rates that are above the market rate, above the filed rate, or are otherwise excessive? In this commentary, Michael D. Leffel and Matthew R. Lynch of Foley &... Read More

The New RESPA Rule: Will It Help Consumers Shop for Mortgage Loans?
Posted on 26 Jan 2009 by Robert M Jaworski

The U.S. Department of Housing and Urban Development (HUD) adopted a new Real Estate Settlement Procedures Act (RESPA) reform rule on November 17, 2008. The new rule effected significant changes to Regulation X, most notably, dramatically changing the... Read More

U.S. Supreme Court Agrees to Take Up Suit over Unearned Fees for Settlement Services
Posted on 13 Oct 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on October 11th agreed to review a 2-1 ruling from the Fifth Circuit U.S. Court of Appeals finding that Quicken Loans Inc. did not violate the Real Estate Settlement Procedures Act (RESPA) when... Read More

BuckleySandler LLP: HUD Settles Two RESPA Referral Fee Cases
Posted on 20 Jul 2011 by Andrea Lee Negroni

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobytes/issues/infobytes_july_15_2011/ ... Read More

NEW HUD Booklet for Immediate Use to Comply with RESPA
Posted on 7 Jan 2010 by Robert M Jaworski

On January 5, 2010, the U.S. Department of Housing and Urban Development (HUD) published in the Federal Register a notice announcing the availability on its Web site of the revised special information booklet required by the Real Estate Settlement Procedures... Read More

Robert M. Jaworski on HUD'S 2008 Proposal to Reform the Real Estate Settlement Process: Will It Work?
Posted on 21 Jul 2008 by Robert M Jaworski

HUD's 2008 Proposal offers a "new and improved" version of Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA), including a dramatic change to the form of Good Faith Estimate (GFE), modifications to HUD-1/1A... Read More

Robert M. Jaworski on RESPA: Spring Is in the Air -- An Assessment of the New Year's Day 2010 GFE/HUD-1 Rules Changes
Posted on 10 May 2010 by Robert M Jaworski

In this Analysis, Robert M. Jaworski examines the important Real Estate Settlement Procedures Act (RESPA) changes implementing the new Good Faith Estimate (GFE) and HUD-1/1A effective January 1, 2010. Mr. Jaworski provides a recap of the new rules... Read More

Ballard Spahr LLP: CFPB Issues Guidance on Mortgage Servicing Transfers
Posted on 28 Feb 2013 by Ballard Spahr LLP

by the Mortgage Banking Group The Consumer Financial Protection Bureau has issued guidance warning residential mortgage servicers and subservicers that CFPB examiners will be looking carefully at their compliance with federal law and focusing on... Read More

Ballard Spahr LLP: CFPB Follows Script in Issuing Servicing Rules
Posted on 17 Aug 2012 by Ballard Spahr LLP

By Michael S. Waldron The Consumer Financial Protection Bureau took the much-anticipated next step in its high-profile initiative to transform mortgage servicing last Friday when it issued proposed mortgage servicing regulations. The proposals consist... Read More

BuckleySandler LLP: Ninth Circuit Holds RESPA Does Not Apply to Loans Used to Purchase Rental Properties
Posted on 8 Mar 2011 by Andrea Lee Negroni

Excerpted from Infobytes , a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP . For the full issue of Infobytes , click here: http://www.buckleysandler.com/infobytes/issues/infobytes_march_4_2011/ ... Read More

Foley & Lardner LLP on In re Carter; Confusion Over RESPA Standing Requirements Continues as Sixth Circuit Holds That Section 8 Plaintiffs Need Not Allege They Were Overcharged
Posted on 27 Jul 2009 by Michael D. Leffel and Matthew R. Lynch

In 2009, the Sixth Circuit Court of Appeals became the first federal appellate court to squarely address the question of whether a plaintiff has standing to sue a settlement service provider under Section 8 of Real Estate Settlement Procedures Act (RESPA... Read More

The Latest Wave In The Foreclosure Crisis? Another Bank Branch Foreclosed Upon By Borrower
Posted on 8 Jun 2011 by Peter J. Gallagher

Several weeks ago, we brought you the story of a Philadelphia man who foreclosed on his local Wells Fargo branch (" Turning The Tables: Philadelphia Man Forecloses On Wells Fargo Branch ") after the bank failed to pay a judgment the man obtained... Read More

NEW HUD Booklet for Immediate Use to Comply with RESPA
Posted on 7 Jan 2010 by Robert M Jaworski

On January 5, 2010, the U.S. Department of Housing and Urban Development (HUD) published in the Federal Register a notice announcing the availability on its Web site of the revised special information booklet required by the Real Estate Settlement Procedures... Read More

Ballard Spahr LLP: U.S. Supreme Court to Decide If RESPA Unearned Fee Prohibition Requires Fee Split
Posted on 17 Oct 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group The U.S. Supreme Court has agreed to hear a case that will decide whether the Real Estate Settlement Procedures Act (RESPA), which is directed at residential mortgage lending, prohibits a real estate settlement... Read More

Jaworski on the Mortgage Reform and Anti-Predatory Lending Act
Posted on 7 Oct 2010 by Robert M Jaworski

In this Analysis, Robert M. Jaworski examines the Mortgage Reform and Anti-Predatory Lending Act (MRAPLA) (in Dodd-Frank Act) , including the significant changes that it makes to the Truth in Lending Act (TILA) (e.g., incentives for qualified mortgages... Read More