The Real Estate Settlement Procedures Act (RESPA) under the United States Department of Housing and Urban Development (HUD) has a mechanism for consumers and others to file a complaint with RESPA if RESPA violations are being committed or you believe that RESPA violation is being committed. If a complaint is…
The American Land Title Association (ALTA) sent a letter to the Federal Housing Administration asserting that Department of Housing and Urban Development is violating Section 9 of the Real Estate Settlement Procedures Act (RESPA) with regards to the HUD-designated closing agent stipulation on all HUD properties for sale. Section 9…
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…
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.…
The new Real Estate Settlement Procedures Act (RESPA) guidelines are now officially enacted as of Friday, Jan. 16, 2009. However the Required Use Section 9 changes have been put on hold for 90 days pending a review by HUD which was prompted by the National Association of Homebuilders lawsuit. The…
We are hearing from multiple sources that the United States Department of Housing and Urban Development (HUD) will be formally announcing delaying the implementation of the new RESPA Reform rule which is scheduled to go into effect on January 16, 2009, The delay is in response to the National Association…
The Sterbcow Law Group is pleased to announce that Charles C. Cain will join the law firm effective January 1, 2009. Charles will be “Of Counsel” and will work out of his Cincinnati, Ohio office. Charles is highly regarded as one of the country’s top RESPA compliance and regulatory attorneys…
Section 6 of the Real Estate Settlement Procedures Act (12 U.S.C. 2605) gives certain classes of borrowers rights, regardless of whether the borrowers loan was held by the lender or the loan service was transferred to one or more loan servicing companies. If a borrower believes there is an issue…
The National Association of Mortgage Brokers (NAMB) filed a lawsuit against the United States Department of Housing and Urban Development (HUD) last week. The lawsuit seeks to prevent to HUD from implementing the the new RESPA rule. While NAMB is the first trade association sue HUD, most real estate industry…
HUD new RESPA rule changes the definition of “Required Use” to read as follows: “Required use means a situation in which a borrower’s access to some distinct service, property, discount, rebate or other economic incentive, or the borrower’s ability to avoid an economic disincentive or penalty, is contingent upon the…