Mortgage Servicers and the FDCPA

November 21, 2014 9:05am

Lisa A Rothfarb
Federal Trade Commission
Division of Financial Practices

Benjamin G. Diehl
Special Counsel
Stroock & Stroock & Lavan LLP

Justin T. Bradley
Corporate Counsel, Litigation and Compliance
Shellpoint Mortgage Servicing

• Understanding whether you are exempt as a “loan servicer” from the FDCPA, or whether you qualify as a “debt collector” under the statute and are thus subject to its requirements
• Was the particular mortgage in “default” at the time when taken for servicing?
• CFPB involvement
• FCPA v. HUD Regulations
• Enforcement of security interests
• If you do qualify as a debt collector, what requirements are you subject to?
• How to avoid violations under the FDCPA when servicing mortgage loans
• Examining potential inconsistencies between federal and state laws relating to mortgage servicers and debt collectors, and navigating the interplay between both