Richard J. Andreano, Jr.

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The Department of Justice announced that it has entered into a settlement with Meta Platforms Inc., formerly known as Facebook Inc., to resolve allegations that Meta engaged in discriminatory advertising in violation of the Fair Housing Act (FHA).  The proposed agreement was filed in a New York federal district court simultaneously with a complaint alleging…

The Federal Financial Institutions Examination Council (FFIEC) recently announced the public availability of Home Mortgage Disclosure Act data for 2021.  The CFPB also released a summary of the data.  The data include information on 23.8 million home loan applications, with 21.1 million being identified as closed-end loan applications.  A total of 15 million applications resulted…

The CFPB has released the Spring 2022 edition of its Supervisory Highlights.  The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection, deposits, mortgage origination, prepaid accounts, remittance transfers, and student loan servicing that were completed between July 2021 and December 2021.  Accordingly, many…

The Federal Housing Finance Agency (FHFA) recently announced that for residential mortgage loans to be sold to Fannie Mae or Freddie Mac with application dates on or after March 1, 2023, the lender must present a Supplemental Consumer Information Form (SCIF) to collect information on the applicant’s language preference.  Previous plans to include a language…

A Connecticut federal district court has refused to dismiss claims filed by the CFPB against a mortgage company and three of its principals for alleged Truth in Lending Act (TILA), Mortgage Act and Practice (MAP) Rule, and Consumer Financial Protection Act (CFPA) violations.

The CFPB’s lawsuit names as defendants 1st Alliance Lending LLC and three…

As previously reported, in January 2022 the CFPB published a “Request for Information Regarding Fees Imposed by Providers of Consumer Financial Products or Services” with a comment deadline of March 31, 2022.  The CFPB has now announced an extension of the deadline to April 11, 2022.

The CFPB stated that the “more than…

Consistent with expectations that the CFPB under Director Chopra’s leadership would take an expansive view of its statutory authorities, the CFPB has announced its intention to use its authority to prohibit unfair, deceptive, or abusive acts or practices (UDAAPs) to target discriminatory conduct, even where fair lending laws may not apply.

Specifically, the CFPB is…

In Collins v. Yellin (previously captioned Collins v. Mnuchin), the U.S. Supreme Court, relying on its decision in Seila Law, held that the Federal Housing Finance Agency’s structure was unconstitutional because the Housing and Economic Recovery Act of 2008 (HERA) only allowed the President to remove the FHFA’s Director “for cause.”  Despite ruling…

The CFPB recently issued a factsheet addressing how prepaid interest, also referred to as per diem interest, factors into the calculation of the annual percentage rate (APR) for certain adjustable rate mortgage (ARM) loans and step-rate loans for purposes of assessing qualified mortgage (QM) loan status under the revised general QM rule. The advice provided…

The CFPB recently issued an outline entitled Small Business Advisory Review Panel for Automated Valuation Model (AVM) Rulemaking.  While the outline addresses an upcoming joint rulemaking to implement quality control requirements for AVMs, the CFPB specifically focuses on the potential for AVMs to pose fair lending risks to homebuyers and homeowners.  The CFPB issued the…