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Articles Posted in RESPA LITIGATION

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MORTGAGE DISCLOSURE IMPROVEMENT ACT (MDIA) GOES INTO EFFECT ON JULY 30, 2009

On July 30, 2009, some of the provisions of the Mortgage Disclosure Improvement Act of 2008 (MDIA) go into effect and lenders, mortgage brokers, title agents, real estate agents, and real estate brokerages need be alert as to these new federal governmental regulations. Here are the details for the MDIA:…

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THE CONSUMER FINANCIAL PROTECTION AGENCY (CFPA) PROPOSAL INCLUDES RESPA AND TILA REGULATORY GOVERNANCE

U.S. Rep. Barney Frank officially introduced legislation to create the Consumer Financial Protection Agency (CFPA). The legislation, which is backed by the Obama Administration, would consolidate the consumer protection powers of the fifty various federal financial regulatory agencies by creating a single regulatory agency. The creation of this single regulatory…

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UNITED STATES SUPREME COURT RULES STATES CAN INVESTIGATE NATIONAL BANKS

The United States Supreme Court shocked the national banking industry today in their ruling in the case CUOMO V. CLEARING HOUSE ASSOCIATION, 08-453. The U.S. Supreme Court ruled in a 5-4 decision that state regulators have the authority to investigate national banks for lending discrimination. In 2004, the Office of…

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STERBCOW LAW GROUP MORTGAGE FRAUD RESPA LAWSUIT IN THE NEWS

Reporter Kate Moran of the Times Picayune wrote a terrific article on a lawsuit the Sterbcow Law Group LLC and Melancon Rimes LLC filed on in behalf of their client and plaintiff Sarada LeBourgeois who was the victim of mortgage fraud. “Lawsuit alleges that a loan originator stole money from…

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RESPA: THE FINANCIAL PRODUCT SAFETY COMMISSION ACT OF 2009

The Obama Administration is pushing new legislation which would create a financial services regulatory commission. The commission would be called “The Financial Product Safety Commission” and it would regulate all mortgages, credit cards, and mutual funds. The Washington Post’s Zachary A. Goldfarb, Binyamin Appelbaum and David Cho wrote an article…

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REAL ESTATE SETTLEMENT PROCEDURES ACT “RESPA”: ADMINISTRATIVE BROKERAGE COMMISSION FEE (“ABC FEE”) VIOLATE RESPA

U.S. District Court for the Northern District of Alabama’s Southern Division handed down a decision on April 20, 2009 in the Vicki V. Busby v. JRHBW Realty, Inc. d/b/a RealtySouth case. The case centered on Section 8(b) of the Real Estate Settlement Procedures Act (RESPA) and whether Administrative Brokerage Commissions…

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RESPA: 2009 NATIONAL COMPLIANCE SUMMIT TO FEATURE CHARLES C. CAIN AS GUEST SPEAKER IN LAS VEGAS

October Research has selected Charles C. Cain to be a speaker at the 2009 National Compliance Summit on February 19-20, 2009 at The Westin Casuarina Las Vegas Hotel, Casino & Spa. Charles Cain is Of Counsel to the Sterbcow Law Group LLC in New Orleans, Louisiana and is President of…

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REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA) LITIGATION UPDATE

A recent RESPA litigation ruling by the United States Sixth Circuit Court of Appeals in Cincinnati, Ohio sparked headlines this week when they overturned a district court ruling denying class certification in the Erik C. Carter, et. al., United States of America v. Welles Bowen Realty, Inc. et al lawsuit.…

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