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Fourth Circuit Clarifies QWR Threshold in Caliber Lawsuit

March 14, 2022
Sam Manas
Written correspondence sent to a mortgage servicer providing sufficient information to identify the account and an alleged servicing error is a “qualified written request,” the Fourth Circuit Court of Appeals ruled.
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Appeals Court Rules for Borrower in RESPA Lawsuit

January 31, 2022
Sam Manas
Acre Mortgage and Financial has been accused of failure to make all required disclosures and failure to make a reasonable and good faith determination of the borrower’s ability to repay.
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CFPB Paying Close Attention to Servicers’ Foreclosure Actions

November 8, 2021
Sam Manas
The CFPB reiterated that, as COVID-19-related forbearance protections expire, it will be keeping close watch on servicers’ actions.
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Court Approves $1.3 Million Settlement in Kickback Case

September 13, 2021
Namrata Bhatia
The settlement would end a class action filed against Sierra Pacific Mortgage for allegedly receiving illegal payments in exchange for referrals of title work.
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In the Works: Changes to Mortgage Servicing Rules

December 21, 2020
Yemeng Yang
In the new year, the CFPB will propose changes to its loss-mitigation rules to govern how residential servicers work with borrowers affected by natural disasters and other emergencies.
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Seterus Fined $5.4M for Loss-Mitigation Failures

December 21, 2020
Yemeng Yang
According to the CFPB, from 2014 to 2018, Seterus failed to handle and process homeowners’ applications for loss-mitigation options. The mortgage servicer was acquired from IBM by Mr. Cooper in 2019.
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Trade Groups Seek Changes to Escrow Statement Rules

November 23, 2020
Yemeng Yang
Mortgage trade groups are asking the CFPB to expressly permit servicers, in the case of escrow shortage, to include a lump-sum repayment option in account statements.
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CFPB’s Escrow Statement Interpretation Causes Confusion

November 9, 2020
Yemeng Yang
The latest supervisory report from the CFPB found that some servicers violated Regulation X by including a lump-sum repayment option in escrow account statements when mortgagors had a shortage.
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MSAs Need to be Reevaluated in ‘Virtual’ Pandemic Era

November 9, 2020
Yemeng Yang
The CFPB by and large has agreed that marketing service agreements are permissible. Companies now need to reevaluate that payments for such partnerships are of reasonable market value.
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Ocwen Resolves Final State Suit over Abusive Servicing

October 26, 2020
Yemeng Yang
Ocwen Financial has agreed to pay $5.2 million to Florida regulators to settle allegations it engaged in abusive servicing practices. A similar case filed by the CFPB against the nonbank is pending.
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