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RESPA Lawyer Blog

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RESPA: HUD AND NAR JOIN FORCES TO PRODUCE THREE VIDEOS TO HELP PROSPECTIVE HOME BUYERS UNDERSTAND HOME BUYING PROCESS

The National Association of Realtors (NAR) and the Department of Housing and Urban Development (HUD) collaborated to produce a series of videos on YouTube.com which are geared at educating future home buyers on the real estate buying process. The joint effort was unveiled at the National Association of Realtors 2010…

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MARX STERBCOW AND CHARLES CAIN SPEAKING AT AMERICAN LAND TITLE ASSOCIATION ANNUAL CONFERENCE IN SAN DIEGO ON OCTOBER 15, 2010

The Sterbcow Law Group’s Marx Sterbcow and Charles Cain will be presenting “The Next Regulatory Tidal Wave — New Regulation Z Rules” on Friday, October 15, 2010 at 2:30 – 3:45 at the American Land Title Association’s (ALTA) Annual Conference in San Diego, California. The presentation will focus on how…

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RESPA: HOME EQUITY PROTECTION ACT OF 2010 SEEKS TO BAN PRIVATE REAL ESTATE TRANSFER FEES (ALSO KNOWN AS “CAPITAL RECOVERY FEES”)

US House Representative Maxine Waters and Rep. Albio Sires introduced a bill called the “Home Equity Protection Act of 2010” on Wednesday. The bill seeks to amend the Real Estate Settlement Procedures Act “RESPA” by prohibiting the collection of private transfer fees, also known as capital recovery fees or resale…

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CONSUMER FINANCIAL PROTECTION BUREAU: PRESIDENT OBAMA APPOINTS ELIZABETH WARREN AS ASSISTANT TO THE PRESIDENT AND AS A SPECIAL ADVISOR TO TREASURY

The Consumer Financial Protection Bureau which will oversee the Real Estate Settlement Procedures Act (RESPA) now has a decision maker to help set up the CFPB. President Obama announced today the appointment of Harvard Professor Elizabeth Warren to implement policies and procedures to protect consumers from financial products. Ms. Warren…

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DID THE FEDERAL RESERVE BOARD JUST QUIETLY ELIMINATE MORTGAGE BROKERAGE FIRMS EFFECTIVE APRIL 1, 2011?

The Federal Reserve Board’s new final rules amending Regulation Z appear to have major implications on the real estate industry effective April 1, 2011 if the final rule isn’t amended quickly. The new Fed Rule slipped in language that re-defines mortgage brokerage firms into the classification of “loan originators.” Currently…

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REGULATION Z (TRUTH IN LENDING) DISCLOSURE REQUIREMENTS FOR CLOSED-END MORTGAGE LOANS ANNOUNCED

The Federal Reserve Board issued an interim proposed rule today, August 16, 2010, that revises the disclosure requirements for closed-end mortgages under Regulation Z (Reg Z) of the Truth In Lending Act (TILA). The Fed said the proposed rule implements provisions of the Mortgage Disclosure Improvement Act (MDIA) which require…

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REAL ESTATE SETTLEMENT PROCEDURES ACT: RESPA ISSUES INTERPRETIVE RULE ON HOME WARRANTY MARKETING AGREEMENTS

The Department of Housing and Urban Development (HUD) issued an interpretive rule on June 26, 2010 in the Federal Register on the issue of how home warranty companies can pay real estate agents and real estate brokers under the Real Estate Settlement Procedures Act (RESPA) without violating Section 8(a) and…

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RESPA: REAL ESTATE SETTLEMENT PROCEDURES ACT AfBA DISCLOSURE FORM NOTIFICATION

One question that we are routinely asked about is the timing of the Affiliated Business Arrangement disclosure form under the Real Estate Settlement Procedures Act “RESPA.” The RESPA Affiliated Business Arrangement (AfBA) disclosure form is required to be given to a consumer whenever a settlement service provider refers that consumer…

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RESPA SECTION 9: HUD SEEKS COMMENTS ON REAL ESTATE SETTLEMENT PROCEDURES ACT’S “REQUIRED USE” PROHIBITION

The United States Department of Housing and Urban Development is seeking public comments relating to Section 9: “Required Use” under RESPA. “The Real Estate Settlement Procedures Act (RESPA): Strengthening and Clarifying RESPA’s “Required Use” Prohibition Advance Notice of Proposed Rule making” was made public on June, 3, 2010. HUD appears…

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