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

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, identifies important implementation issues, and...

Sixth Circuit in Carter Refuses to Defer to HUD’s RESPA Guidelines

In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures Act (RESPA). In doing so, the Court dealt a serious blow to what...

CFPB Issues RESPA-TILA Integrated Disclosures Final Rule

BY: ALAN B. CLARK AND EDMUND D. HARLLEE The Consumer Financial Protection Bureau (the “CFPB”) has issued the RESPA-TILA Integrated Disclosures Final Rule . The 1,888 page rule [ enhanced version available to lexis.com subscribers ], will become effective for applications taken on or...

Enforcement Actions Filed Against Real Estate Firms For Alleged RESPA Inadequate Notice and Kickback Violations

On May 28 th , the CFPB entered into a consent order with the largest real estate firm in Alabama to settle allegations that the real estate firm provided consumers with inadequate notices. The CFPB alleged that the real estate firm violated the Real Estate Settlement and Practices Act (RESPA) by failing...

Second Circuit: Transfer of Mortgage Servicing Rights Triggers FDCPA Disclosure Requirement

A federal appeals court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], has ruled that a nonbank mortgage servicer’s notice of servicing rights transfer sent pursuant to RESPA constitutes debt collection and thus triggers mandatory FDCPA disclosures. ...