Services

 
 
 

Compliance

  • TRID implementation

  • Federal Regulatory Compliance: Subject areas include TILA, RESPA (including analyzing marketing service agreements and affiliated business arrangements), UDAAP (including consumer testing and design), Ability-to-Repay/Qualified Mortgage, Loan Originator Compensation Rule, Mortgage Servicing, FCRA, ECOA, GLB (privacy and data security), FDCPA, and SAFE Act

  • State Regulatory Compliance: Subject areas include high-cost loan laws, usury laws, consumer credit codes, fee restrictions, and other operational requirements

  • Electronic Closings and Mortgages: Subject areas include E-Sign Act, UETA, and state notarization laws

  • UDAAP reviews, including consumer testing of your organization’s disclosures and marketing materials

  • Compliance management systems (CMS), including policies and procedures

  • Counseling on the requirements of FHA, VA, Fannie Mae, Freddie Mac, and private investors, guarantors, and insurers

  • Mock CFPB/federal and state regulatory examinations

 

TRAINING

  • On-site training and guidance on TRID, RESPA section 8, and other regulatory issues

  • Online webinars designed for your organization’s needs

 

LICENsing

  • Obtain de novo state licenses for mortgage loans, private student loans, money transmitters, installment lenders, and payday lenders

  • Obtain change of control licensing approvals

 

FINtech

  • Federal and state issues affecting financial technology companies, including federal banking law issues, true lender issues, and state licensing issues

  • Advocacy before regulatory agencies, including no-action letters

  • Dodd-Frank Act 1032(e) trial disclosure programs

  • Privacy and data security

 

Government ENFORCEMENT DEFENSE, litigation, AND LITIGATION management

  • Proceedings before regulatory agencies, including the Consumer Financial Protection Bureau (CFPB), Department of Housing and Urban Development (HUD), Federal Housing Administration (FHA), federal and state banking examiners, and insurance commissions

  • Repurchase and indemnification demands

  • Management of local firms providing litigation services

 

TRANSACTIONAL/CORPORATE

  • Brokerage and correspondent agreements

  • Loan purchase and sale, and mortgage servicing rights purchase and sale agreements

  • Forming joint ventures and assessing marketing services agreements (including advising on RESPA issues)

  • Outside General Counsel

 

Part-time General Counsel or Regulatory Counsel

  • Part-time, and as-needed services, for mortgage banking companies offering all of the services above, with ability to tap into the firm’s network and other legal resources