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Legal News

This topic consolidates everything you need to know to stay informed including prominent industry advocacy movements, current regulatory enforcement actions, and judicial rulings impacting mortgage banking.

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December 17, 2019

PayPal files lawsuit against CFPB challenging prepaid card rule

Ballard Spahr LLP--Stefanie Jackman

PayPal has filed a lawsuit against the CFPB to invalidate the Bureau’s prepaid card rule that became effective on April 1, 2019.

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December 17, 2019

Where have all the CFPB fair-lending cases gone?

American Banker [Free Article]--Kate Berry

Consumer and civil rights advocates express worry over the lack of public enforcement activity for redlining and other discriminatory practices since 2018 leaves communities more vulnerable than ever.

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December 17, 2019

Law Firms Investigate Sterling Bancorp’s Halt of Non-QM Program

National Mortgage Professional--Phil Hall

Sterling Bank and Trust FSBs recent suspension of the Advantage Loan program has caught the attention of a group of law firms who are seeking to clarify if the suspension is based on violations of federal securities laws or engaging in unlawful business practices.

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December 17, 2019

Wells Fargo Settles Housing Lawsuit With Philly

National Mortgage Professional--Phil Hall

Wells Fargo has settled a 2017 lawsuit that accused the lender of Fair Housing Act violations against the city’s non-White residents for $10 million with the city government of Philadelphia. 

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December 16, 2019

Wells Fargo settles with Philadelphia over discriminatory lending allegations

Housingwire--Ben Lane

Philadelphia sued Wells Fargo claiming discrimination for guiding minorities into more expensive and riskier loans, which Wells Fargo denied but is now settling with the city.

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December 16, 2019

MBA Advocacy Update

This update includes information on VA loan costs, Interagency Statement on Alternative Data in Credit Underwriting, Supreme court decisions, and Taxpayer First Act clarification and more.

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QC Now: CFPB’s Proposed Mortgage Servicing Rule Amendments

QC Now: CFPB’s Proposed Mortgage Servicing Rule Amendments

Presented by ACES Quality Management's EVP of Compliance, Amanda Phillips, and Ballard Spahr's Reid Herlihy, Richard Andreano, Jr., and Matthew Morr.

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December 13, 2019

2nd Circuit Holds Loan from Federal Reserve Bank Covered by False Claims Act

Weiner Brodsky Kider PC

The Second Circuit ruled that, under certain circumstances, an entity which borrows money from a Federal Reserve Bank (FRB) has made a claim to the government for purposes of the False Claims Act (FCA).

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December 13, 2019

Federal Reserve Lifts Consent Orders Against JPMorgan, U.S. Bancorp

The Wall Street Journal--Kristin Broughton

The consent orders against JPMorgan Chase & Co. and U.S. Bancorp stemming from what the central bank identified as weak anti-money laundering controls have been lifted.

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December 13, 2019

PayPal Sues CFPB Over ‘Misleading’ Digital Wallet Disclosure Rules

PYMNTS.com

PayPal is suing the CFPB over allegations that the disclosure rules mandated by the Prepaid Accounts Under the Electronic Fund  Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z) Rule is “misleading and confusing” as digital wallets do not operate in the same way as reloadable debit cards.

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December 12, 2019

FinCEN report: SARs help prevent elder financial exploitation

FinCEN has released a Financial Trend Analysis titled, “Elders Face Increased Financial Threat from Domestic and Foreign Actors.”

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Introducing: ACES PROTECT®

Introducing: ACES PROTECT®

Automated compliance tests to ensure compliance on more loans in less time

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December 11, 2019

Seila Law and CFPB file briefs in U.S. Supreme Court

Ballard Spahr LLP--Alan S. Kaplinsky

Briefs were filed yesterday by Seila Law and the CFPB addressing if the CFPB single director "for cause removal" structure violates the separation of powers of the Constitution.

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December 11, 2019

Fourth Defendant Sentenced for Running Sophisticated Real Estate Fraud Scheme

Mortgage Fraud Blog--Rachel Dollar

Latrese Gevon Breaux was sentenced for assisting in a real estate fraud scheme that used fictitious title companies and stolen identities netting more than $1.4 million from 2014 to 2016.

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December 10, 2019

Court continues stay of litigation and compliance date in trade group lawsuit challenging CFPB payday loan rule

Ballard Spahr LLP--Jeremy T. Rosenblum 

The Texas federal district court has again continued the stay of the lawsuit and the compliance date for both the Payday Rule’s ATR and payment provisions and has directed the parties to file another joint status report by April 24, 2020.

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December 10, 2019

FTC Obtains Record $191 Million Settlement from University of Phoenix to Resolve FTC Charges It Used Deceptive Advertising to Attract Prospective Students

The FTC has published a $191 million dollar settlement with the University of Phoenix, stemming from deceptive advertisements that falsely touted their relationships and job opportunities with companies such as AT&T, Yahoo!, Microsoft, Twitter, and The American Red Cross.

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