Seemingly small differences in monthly mortgage payments for borrowers in bankruptcy helped prompt an $81.6 million settlement between Wells Fargo and the Department of Justice late last week. The DOJ’s U.S. Trustee Program said Wells repeatedly violated federal bankruptcy rules that took effect in December 2011 and imposed more detailed disclosure requirements to ensure proper accounting of fees and charges for borrowers in bankruptcy. The main instance cited in the settlement agreement was...

Bank of America has disclosed a $335 million settlement with a Pennsylvania public school pension fund, ending a four-year class-action lawsuit brought by shareholders. BofA made the disclosure without much detail in its 10-K filing. According to the bank, the $335 million, which will be used to settle multiple claims, was fully accrued as of June 30, 2015. A bank spokesman declined to comment on the settlement. Shareholders led...

Marketing services agreements aren’t outlawed – yet. But given that the Consumer Financial Protection Bureau’s recent guidance on such arrangements doesn’t address the features of what an acceptable MSA would look like, it’s particularly challenging to figure out how best to proceed. Perhaps the only real way forward is to try to avoid those aspects of MSAs that the bureau has clearly identified as problematic, top industry compliance attorneys said during a webinar sponsored by Inside Mortgage Finance last week. “The best we can do is...

In an apparent confirmation of the fears of some industry representatives, CFPB Director Richard Cordray seemed to blame technology vendors for some of the failures the mortgage industry might have in complying with the bureau’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. “Quite frankly, I have been disturbed by reports I have been hearing about the vendors on whom so many of you rely,” Cordray said in a speech at the Mortgage Bankers Association’s annual convention in San Diego recently. “Some vendors performed poorly in getting their work done in a timely manner, and they unfairly put many of you on the spot with changes at the last minute or even past the due date,” ...

CFPB Director Richard Cordray showed no sign of backing down when it comes to the bureau’s expanded scrutiny of and skepticism toward marketing services agreements as possible violations of the Real Estate Settlement Procedures Act. Speaking at the recent Mortgage Bankers Association’s annual convention in San Diego, the director noted that his agency concluded from its enforcement experience that MSAs necessarily involve substantial legal and compliance risk for the parties to the agreements – whether they are lenders, brokers, title companies or real estate professionals. “We believe those risks are greater and less capable of being controlled by careful monitoring than mortgage industry participants may have recognized in the past,” said the director. “MSAs appear to create opportunities for parties to ...

With the brouhaha over the CFPB’s interest in the industry use of marketing services agreements growing, it is the bureau itself that is the biggest threat under the Real Estate Settlement Procedures Act, a leading industry attorney charged last week. “The threat, in a few short words, is the CFPB,” said Donald Lampe, a partner with the Morrison & Foerster law firm, during a webinar last week sponsored by Inside Mortgage Finance, an affiliated publication. “The CFPB, before our eyes, is rewriting the law, rules and previous guidance on RESPA Section 8(c)(2), which is the exception to RESPA for bona fide payments for services actually rendered – not just for MSAs, but so far, MSAs have received the most attention,” he ...

The CFPB last week brought a $13 million enforcement action against two employment background screening report providers, General Information Services and its affiliate, e-Background-checks.com, Inc. It accused the firms of violating the Fair Credit Reporting Act by failing to take basic steps to ensure the information reported about job applicants was accurate. The CFPB said it found that the companies unlawfully included certain information in consumer reports they provided to prospective employers. “Specifically, the CFPB found that GIS and BCG failed to take measures to prevent non-reportable civil suit and civil judgment information older than seven years from being illegally included in its reports,” the bureau said. The bureau ordered the companies to alter the practices at issue, provide $10.5 million ...

Last week, the CFPB filed suit in U.S. District Court for the Southern District of California against Global Financial Support, Inc., and Armond Aria, owner and CEO, to stop what the bureau characterized as a nationwide student financial aid scam. The company, which has operated as Student Financial Resource Center and College Financial Advisory, allegedly ripped off tens of thousands of students and families by illegally charging millions of dollars in fees for sham financial services. The CFPB alleges that Aria and his businesses operate under the guise of a government- or university-affiliated operation, exploiting consumer uncertainty about how to use free federal financial aid resources provided by the Department of Education. The defendants allegedly “sent millions of deceptive letters ...

The CFPB filed a $3.3 million administrative order last week against Security National Automotive Acceptance Company, a Mason, OH-based auto lender that specializes in making loans to U.S. military personnel, accusing it of engaging in illegal debt collection practices. The order requires the company to refund or credit approximately $2.28 million to service members and other consumers who were allegedly harmed, and to pay a $1 million penalty. When the CFPB sued SNAAC in June, it alleged the company used aggressive collection tactics that took advantage of U.S. service members’ special obligations to remain current on debts. “Once service members defaulted, they became subject to repeated threats to contact their chain of command,” said the CFPB. “In many other instances, ...

Five months after Corinthian Colleges went belly up, the CFPB succeeded in convincing a federal court to enter a final default judgement against the company, bringing to an end the litigation the bureau filed back in September 2014. The bureau accused Corinthian of luring tens of thousands of students into taking out private loans to cover expensive tuition costs by advertising bogus job prospects and career services. “Corinthian then used illegal debt collection tactics to strong-arm students into paying back those loans while still in school,” the CFPB stated. In its final judgment, the court ordered that Corinthian was liable for more than $530 million and prohibited the company from engaging in future misconduct. However, since the company’s assets are ...