As part of its “Know Before You Owe” mortgage initiative, the Consumer Financial Protection Bureau released a guide to assist consumers through the process of shopping for a mortgage and buying a house. The Toolkit is designed to help consumers take advantage of the new Loan Estimate and Closing Disclosure forms that lenders are required
John C. Lynch
John is a first-chair litigator with a distinguished defense record in class action matters and other high-stakes litigation. He is sought after for his trial-to-verdict experience in state and federal courts throughout the U.S., effective strategies, and practical advice.
District Court Grants Motion to Dismiss FCRA Challenge to Defendant’s Background Screening Disclosure Form
A federal district court in the Northern District of California recently dismissed a lawsuit filed against Paramount Pictures Corporation challenging its alleged failure to provide job applicants with a background check disclosure form that “consisted solely of the disclosure,” as required by the Fair Credit Reporting Act (“FCRA”). Specifically, in addition to making the disclosure…
Fannie Mae and Freddie Mac: 2014 Progress Report
Last year, the Federal Housing Finance Agency (FHFA) released its 2014 Strategic Plan for the Conservatorships of Fannie Mae and Freddie Mac, in which the FHFA announced its strategic goals to “Maintain, Reduce, and Build.” The FHFA has now issued its first Progress Report to announce how Fannie Mae and Freddie Mac worked toward…
Freddie Mac Will Require Re-Modifications of Previously Modified Loans
On March 17, 2015, Freddie Mac issued an update to its Single-Family Seller/Servicer Guide (“Guide”) requiring servicers to offer additional modifications on previously modified step-rate mortgages. This requirement will take effect July 1, 2015.
By requiring loan re-modifications, Freddie Mac is seeking to address what has been on everyone’s mind for a while—the expiring HAMP…
CFPB’s Nationwide Sweep Continues: Law Firm’s Activities, Assets, and Websites Frozen
The Consumer Financial Protection Bureau (“CFPB”) recently prevailed on a motion for preliminary injunction against a Florida law firm and several related companies as part of its “nationwide sweep of alleged foreclosure relief scams.” According to the CFPB’s complaint against Hoffman Law Group, Nationwide Management Solutions LLC, Legal Intake Solutions LLC, BM Marketing…
West Virginia Legislature Passes Amendments to WVCCPA
On Saturday, March 14, 2015, the West Virginia House passed Substitute Bill No. 542 amending several sections of the West Virginia Consumer Credit Protection Act (WVCCPA). The West Virginia Senate had previously passed the Substitute Bill on March 4, 2015. The bill is now awaiting signature from the governor. If signed into law, the amendments…
Did You Hear That? CFPB Report to Congress Sounds Death Knell for Arbitration Clauses
As anticipated, yesterday the CFPB announced the release of its report to Congress following the CFPB’s study of arbitration agreements in connection with offering or providing consumer financial products or services. According to the CFPB, the study’s results “indicat[e] that arbitration agreements restrict consumers’ relief for disputes with financial service providers by limiting class…
Court Rejects Proposed Class Action Notice Plan Involving Untargeted Social Media Notification to Class Members
On March 5, a judge in the United States District Court for the Southern District of New York rejected a plaintiff’s proposal to notify proposed class members of a Fair Labor Standards Act lawsuit filed by a group of former interns against Gawker via various social media platforms, including Reddit and Tumblr pages, LinkedIn, and…
CFPB Reports Common Consumer Complaints About Reverse Mortgages
We reported earlier this month that the Federal Housing Authority recently provided an option for reverse-mortgage lenders to allow eligible surviving non-borrowing spouses to remain in their homes after the death of their borrowing spouses. According to a report recently released by the Consumer Financial Protection Bureau, it appears that this option became necessary due…
Maryland Seeks to Adopt Heightened Mortgage Servicing Transfer Regulations
Through March 2, 2015, the State of Maryland is accepting comments on its proposed regulations of mortgage servicing transfers that include over 5,000 mortgages, whether as a single transfer or as a total at the end of a calendar year even if no single transfer was for 5,000 or more loans. Although many of the…