Marx Sterbcow, Managing Attorney of the Sterbcow Law Group LLC, has been selected to speak on a panel at the National Council of State Housing Agencies’ 2013 Annual Conference & Showplace at the New Orleans Marriott Hotel on Tuesday, October 22, 2013 from 9:30am-10:45am. The panel entitled “Dodd-Frank Update: Are You Ready?” will consist of Howard Zucker of Hawkins Delafield, Charles Carey of Mintz Levin, and will be moderated by Lee Ann Smith who runs the single family programs for the Oklahoma Housing Finance Agency.
MARX STERBCOW AND CHARLES CAIN TO PRESENT AT LOUISIANA LAND TITLE ASSOCIATION’S (LLTA) ANNUAL CONFERENCE ON MARKETING SERVICES AGREEMENTS AND RESPA COMPLIANCE
Marx Sterbcow, Managing Attorney at Sterbcow Law Group, and Charles Cain, Of Counsel to Sterbcow Law Group and Senior Vice President to WFG National Title Insurance Company, have been selected by the Louisiana Land Title Association (LLTA) to speak at the LLTA’s Annual Conference on the topic of real estate settlement procedures act (RESPA) compliance involving marketing service agreements. They will discuss the latest issues surrounding the use of Marketing Agreements and whether an enforcement action or guidance bulletin by the CFPB involving the use of these agreements may be forthcoming.
The presentation will discuss what a typical Marketing Agreement is; how the HUD interpretive rule on home warranties impacts Marketing Services Agreements, identifying red flags in MSAs, and the impact the Federal Financial Institutions Examination Council (FFIEC) third party social media compliance bulletin may have on your marketing agreement.
The LLTA Conference is being held at the Hotel Monteleone in New Orleans on Dec. 4-6, 2013.
MARX STERBCOW INVITED TO SPEAK AT THE 2013 FIVE STAR CONFERENCE
Marx Sterbcow, managing attorney of the Sterbcow Law Group, will serve on a panel presentation at The Five Star Conference in Dallas, Texas on September 9, 2013. The presentation “Get Out In Front of Origination Title Issues” will be held at 9:00AM at The Hilton Anatole Hotel. Other panelists on the presentation include Bill Moody with WFG Lender Services, Jim O’Donnell with Equity National Title, Evan Grimm with Bay National Title, Stephen Papermaster with First Title Escrow, and Stephen Dorsett with Clear Title America.
RESPA CLASS ACTION: INFORMATIONAL INJURY IS SUFFICIENT TO PROVE STANDING
The 8th Circuit Court of Appeals overturned a district court decision in the Charvat v. Mutual First Federal Credit Union case. The case involved a violation of the Electronic Fund Transfer Act (“EFTA”) 15 U.S.C. §1693 where the Charvat’s made several ATM withdrawals from two Nebraska banks. The 8th Circuit stated “The EFTA requires ATM operators to provide two forms of notice, one “on or at” the ATM machine and another on-screen during the ATM transaction, if the bank operators charged a ATM transaction fee. The ATM machines in question failed to provide the required notice disclosure on the “on ATM machine” and this was the basis for the class action.
The 8th Circuit held that “[D]ecisions by this Court and the Supreme Court indicate that an informational injury alone is sufficient to confer standing, even without an additional economic or other injury.” The 8th Circuit further stated that Charvat identified a variety of instances where the denial of a statutory right to receive information was sufficient to establish standing and cited to the Fed. Election Comm’n v. Akins case and more importantly the Dryden v. Lou Budke’s Arrow Fin. Co. which was a Truth-In-Lending Act case.
The citing of the Dryden case is particularly important because the 8th Circuit said ” “f [borrower] proved that the disclosure provisions of [TILA] and Regulation Z were violated in connection with the January 26 transaction, [lender] is liable for statutory damages.”).” The 8th Circuit said the EFTA creates a right to a particular form of notice before an ATM transaction fee could be levied. If that notice was not provided and a fee was nonetheless charged, an injury occurred, and the statutory damages are directly related to the consumer’s injury.”
CFPB RESPA ENFORCEMENT ACTION ALERT
The Consumer Financial Protection Bureau “CFPB” ordered a Texas homebuilder, Paul Taylor, to pay $118,194.20 he received in kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company in violation of the real estate settlement procedures act “RESPA”. The CFPB also prohibited Paul Taylor from engaging in future real estate settlement services, including mortgage origination.
The CFPB said Paul Taylor received illegal referral fees through partnerships with Benchmark Bank and Willow Bend Mortgage Company. Taylor and Benchmark Bank created and jointly owned Stratford Mortgage Services, LC, which claimed to be a mortgage originator. The CFPB stated that Taylor and Willow Bend were created and jointly owned a company called PTH Mortgage Company. The CFPB stated that both entities were shams designed to allow Taylor to receive the kickbacks. Pat Taylor’s homebuilding company, Paul Taylor Homes, then referred mortgage origination business to the sham entities but the work was actually performed by Benchmark Bank and Willow Bend Mortgage Company. The Consumer Financial Protection Bureau said the kickbacks were passed through the sham entities back to Taylor through profit distributions and as a payment through a “service agreement.”
Of particular note is the CFPB’s emphasis on payment via a “service agreement” in this settlement and of the language “employees in a position to refer customers or potential customers to settlement providers.” This could be a hint at where the CFPB is headed next in their enforcement actions.
RESPA CONFERENCE: MARX STERBCOW TO PRESENT AT NATIONAL SETTLEMENT SERVICES SUMMIT IN CLEVELAND, OHIO
Attorney Marx Sterbcowof the Sterbcow Law Group will lead a panel presentation along with Attorney Jeff Arouh of McLaughlin & Stern at the October Research Corporation’s National Settlement Services Summit being held at the Marriott at Key Center in Cleveland, Ohio on June 11, 2013. The session titled “Strategic Alliances and the Future of Affiliated Businesses” will offer practical guidance on the issues surrounding affiliated businesses and their future under the Qualified Mortgage (QM) and Qualified Residential Mortgage proposals under the Dodd-Frank Act and we will examine who the winners and losers are in the affiilated business industry. The session also discusses why lending compliance under the new federal rules and regulations may be fueling growth in the creation of new affiliated businesses even with the 3% lender affiliated business arrangement annual percentage rate (APR) cap on points and fees restriction.
For more information and on-line registration, please go to: 2013 National Settlement Services Summit.
MARX STERBCOW AND CHARLES CAIN TO PRESENT AT RESPA News’ RESPA WEBINAR SERIES ON MAY 18, 2013
Marx Sterbcow, Managing Attorney at Sterbcow Law Group, and Charles Cain, Of Counsel to Sterbcow Law Group and Senior Vice President to WFG National Title Insurance Company, have been selected by RESPA News to co-present a webinar on the future of marketing agreements under the Consumer Financial Protection Bureau (CFPB). We discuss way to prepare for and deal with the latest issues surrounding the use of Marketing Agreements (also known as Preferred Provider Agreements, Marketing Services Agreements, Advertising Agreements, or Co-Branding Agreements) and whether an enforcement action or guidance bulletin by the CFPB involving the use of these agreements may be forthcoming.
The presentation, entitled “Reviewing your Marketing Agreement and the Interpretive Rule Webinar” will cover issues such as the what a typical Marketing Agreement is; how the HUD interpretive rule on home warranties impacts their use, how to minimize your risks by looking for red flag language, and the impact the Federal Financial Institutions Examination Council (FFIEC) third party social media compliance bulletin may have on your marketing agreement. The FFIEC’s social media bulletin will have a significant impact on the use of these agreements so this is a webinar event you do not want to miss.
This event is from 2:00-3:00 PM EST on Wednesday, May 18, 2013.
CONSUMER FINANCIAL PROTECTION BUREAU AND DEPARTMENT OF JUSTICE ANNOUNCE AGREEMENT ON FAIR LENDING LAWS ENFORCEMENT
The Consumer Financial Protection Bureau “CFPB” and the United States Department of Justice “DOJ” formally entered into an Memorandum of Understanding Agreement “MOU” pursuant to Section 1054(d)(2)(B) of the Dodd-Frank Wall Street Reform and Consumer Protection Act which mandated the two agencies to establish an agreement between themselves to help prevent enforcement conflicts and help streamline fair lending law litigation under Federal law. The MOU involves Federal fair lending laws such as the Equal Credit Opportunity Act, Home Mortgage Disclosure Act, and Truth In Lending Act.
The MOU outlined three key areas for this cooperative agreement:
1. Information sharing and confidentiality issues: the agencies will be sharing information in matters that the CFPB refers to the Justice Department, in joint investigations under the ECOA, and in order to coordinate fair lending enforcement. The MOU establishes strict confidentiality protections for this shared information.
CONSUMER FINANCIAL PROTECTION BUREAU ISSUES FIRST ANNUAL FAIR LENDING REPORT
The Consumer Financial Protection Bureau “CFPB” issued their 1st Annual Fair Lending Report which showcases the CFPB’s achievements in fair lending enforcement. The report also satisfies the CFPB’s reporting requirements under the Dodd-Frank Act, the Equal Credit Opportunity Act, and Home Mortgage Disclosure Act.
CFPB: THE CLOSING DISCLOSURE STATEMENT AND THE THREE DAY DELIVERY REQUIREMENT PROPOSAL
The Consumer Financial Protection Bureau “CFPB” has proposed a Three Day Delivery Requirement rule with respect to the issuance of the new Closing Disclosure Statement form to borrowers. The Closing Disclosure Statement is the new name for the integrated HUD-1 Settlement Statement and Truth In Lending Act “TILA”. The Three-Day Requirement rule is being proposed because the CFPB wants to try and eliminate the opportunity for some in the industry to spring new fees or charges onto the unsuspecting consumer at the closing table. The CFPB also believes the Three-Day Requirement rule will give borrowers more time to educate themselves about their transaction.
The Three-Day Delivery Requirement proposal mandates The Closing Disclosure Statement be delivered to and recieved by the borrower in most residential closed-end mortgage transactions at least three days prior to the consumation of the transaction. The Three-Days are calculated as three “Business Days” which are defined as all days except for Sunday and legal Federal holidays.
If during the Three-Day Delivery before the but before the scheduled closing date, a fee or charge that the borrower will pay increases or decreases the borrower must be given a new updated Closing Disclosure Statement form and wait three additional business days before consumation of the transaction.
§ 1026.19(f) on page 738 of the Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z) proposal states “the creditor shall ensure that the consumer recieves the disclosures required under paragraph (f)(1)(i) of this section no later than three business days before consumation.”
The CFPB is proposing that delivery of The Closing Disclosure Statement must be provided to the borrower either: (1) in person, (2) by mail/Federal Express/courier, or (3) by email at least three business days prior to the closing.
Continue reading