Residential Mortgages: RESPA Qualified Written Request Claims, Emerging Mortgage Servicing Allegations Arising Under Reg X and Reg Z Amendments, TILA Rescission, New Loan Modification Litigation Risks Arising Out of CFPB’s Mortgage Servicing Rules, MERS
H. Keith Thomerson Esq.
Partner
Hinshaw & Culbertson LLP
Victoria R. Collado
Burke, Warren, MacKay & Serritella, P.C.
Eric J. Simonson
McGlinchey Stafford, PLLC
Bryan Greene
General Deputy Assistant Secretary of the Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
- Updates on recent actions and case law
- Recent activity under RESPA
- TILA recession
- Assessing the CFPB’s one year old mortgage servicing rules and the industry’s response: Potential for lenders/servicers to face increased liability under the new rules; How have servicers complied with the new rules to date?; Compliance challenges related to the new dual tracking restrictions; What holes or gaps are there in the new rules?; Lessons learned and pitfalls to avoid; Best practices for ensuring compliance going forward
- Litigation arising from the new servicing rules: Mitigating your exposure to such litigation; Impact of the rules on damage calculations
- Trends in mortgage servicing and related litigation
- National qualification and screening standards for all loan originators
- Protecting Tenants at Foreclosure Act (PTFA): Will this act result in a private right of action for borrowers, allowing them to bring claims?
- Best practices and lessons learned from prior foreclosure documentation errors
- Auditing completed foreclosures and conducting foreclosure look-backs
- Attorney fees and related foreclosure filings
- Defending against claims arising from loan servicing
- Managing and defending against class actions arising from lender-placed insurance
- New and emerging claims relating to standing in contested foreclosure cases
- GSE transfer tax litigation
- MERS litigation developments: Recording fee class actions
- Handling borrower counterclaims in contested foreclosures
- Preventing bankruptcy from becoming a tool used by borrowers to stall foreclosures
- New developments relating to loss mitigation
- Litigation challenges relating to mortgage origination
- Loan modifications and foreclosure: Defending against counterclaims arising from loan modifications and HAMP; Assessing the Wigod decision
- Responding to challenges to foreclosures in non-judicial foreclosure states