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Consumer Litigation Against Non-QM Lenders on the Rise

June 29, 2026
James Dohnert
New technologies and poor data management have caused an increase in legal challenges for mortgage originators.
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CFPB Rescinds 2020 Advisory Opinion on SPCPs

June 29, 2026
Shannon Clark
The bureau said the guidance conflicted with the amended ECOA Regulation B rule, which among other changes sets strict conditions for lenders to be able to offer special purpose credit programs.
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ROAD Act Looks Promising for LO Comp

June 29, 2026
Shannon Clark
The act directs the CFPB to conduct studies on the impact of points and fee thresholds and LO compensation on small-dollar loans.
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NCRC Knocks CFPB’s Small-Business Data Reduction Reasoning

June 29, 2026
Shannon Clark
Josh Silver, a senior fellow at the National Community Reinvestment Coalition, said more sophisticated data software now available should allow lenders to facilitate data collection.
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PHH Granted Some Relief in Website Tracking Lawsuit

June 29, 2026
Shannon Clark
A California district court dismissed certain claims under the Comprehensive Computer Data Access and Fraud Act, finding that the plaintiff lacked standing.
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MBA Calls for Industry-Specific AI Framework

June 15, 2026
Shannon Clark
The trade group said a federal AI regulatory framework is needed to avoid a patchwork of costly, confusing and potentially contradictory compliance obligations.
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CFPB Points to Immigration Status for ATR Review

June 15, 2026
Shannon Clark
Under certain circumstances, the bureau said lenders may be obligated to consider immigration status when conducting ability-to-repay determinations.
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States Set New Standards for Mortgage Assumptions

June 15, 2026
Shannon Clark
Three states have enacted legislation to prohibit denials of divorce- triggered mortgage assumptions. Similar statutes are likely to follow in other states.
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ABA Reiterates Request for Regulation X Changes

June 15, 2026
Shannon Clark
With the CFPB reportedly revisiting its 2024 proposed Regulation X servicing rule, the American Bankers Association reminded the bureau of several revisions it should consider.
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SCOTUS Urged to Revisit Federal Preemption

June 15, 2026
Shannon Clark
Mortgage borrowers urged the high court to weigh in on federal preemption, once again, saying a circuit court split involving interest payments on funds in mortgage escrow accounts heightens the stakes.
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