Please email Kim Newell or call (202) 557-2791 if you are interested in becoming a sponsor of our Legal Issues and Regulatory Compliance Conference.
Weiner Brodsky Kider PC- Presenting Sponsor
General Session Featuring Douglas Brinkley
The attorneys of Weiner Brodsky Kider PC have been involved in the real estate and financial services industries for more than three decades, and our firm is one of the leading law firms in the country practicing in these areas. A number of our members have served as senior officials with the U.S. Department of Housing and Urban Development and are experts in housing finance matters. In addition, we have former U.S. Department of Justice trial attorneys who are well-versed in the handling of litigation matters as well as government investigations and administrative proceedings.
The compliance element of our financial services practice includes advising clients generally with regard to federal and state laws that regulate the origination and servicing of mortgage loans. More specifically, we assist clients in their compliance with, among others, the Real Estate Settlement Procedures Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Housing Act, Home Mortgage Disclosure Act, Fair Debt Collections Practices Act, E-Sign, and Gramm-Leach-Bliley, as well as with the requirements of CFPB, HUD, VA, GNMA, Fannie Mae, and Freddie Mac. We also counsel clients with respect to licensing and other requirements of various state regulators. Our presence in Washington, D.C. naturally lends itself to the representation of mortgage lending clients and their depository affiliates before CFPB, HUD, VA, GNMA, Fannie Mae, Freddie Mac, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Federal Trade Commission. Without exception, our firm maintains excellent working relationships with these agencies. Our attorneys also participate in agency rulemaking proceedings and advise clients on both federal and state law developments. Additionally, we assist clients with various mortgage banking related transactions. These transactions include the acquisition and sale of mortgage companies, branch offices, whole loan portfolios and loan servicing portfolios; the structuring of lending programs, loan broker and correspondent programs, warehouse agreements, repurchase agreements, and loan participation agreements; and the negotiation of loan workouts. We serve as counsel for the National Reverse Mortgage Lenders Association and advise reverse mortgage industry members with respect to regulatory compliance matters, transactions, and new lending and investor programs. We also serve as counsel for The Real Estate Valuation Advocacy Association and The Texas Manufactured Housing Association. Finally, we provide advice directly, and through associated counsel, about state law issues in all 50 states and the District of Columbia affecting financial service industry members.
Compliance Audits and Due Diligence
We routinely undertake reviews of the operations, practices and policies and procedures of our clients, and assist with the design and implementation of appropriate corrective action. We undertake similar reviews on behalf of potential investors, as well as reviewing pools and portfolios for compliance with applicable law.
Building on the firm's financial services practice, our aim is to provide mortgage lenders, and other financial institutions, with litigation assistance with respect to the full range of issues that affect the mortgage industry. In that regard, we have represented clients in a broad array of civil and administrative litigation matters, including cases involving the Dodd-Frank Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Housing Act, loan repurchase obligations, and mortgage loan portfolio sales and servicing. We represent clients in litigation involving private parties as well as litigation brought by or against government entities in connection with the participation by clients in government lending, insurance, and guaranty programs. We have developed a particular expertise in class action cases and have represented a number of clients in connection with class actions involving disclosures, servicing fees, credit reporting, escrow account practices, private mortgage insurance, unauthorized transmission of facsimiles, and other issues arising under all of the major federal mortgage lending laws. Our litigation practice is nationwide, with cases pending in numerous state and federal courts across the country as well as before various administrative agencies.
- Products and Services: Attorneys
- Website: www.thewbkfirm.com
- Phone: (202) 628-2000
- Address: 1300 19th Street, NW, 5th Floor Washington, DC 20036-1609
Ballard Spahr LLP- Millennium Sponsor
Tuesday Opening General Session: State of the Industry
As legislation governing the mortgage banking industry evolves and government scrutiny intensifies, clients will need counsel with broad experience and strong industry relationships to help them navigate uncharted territory and develop strategies for success.
Having worked with a wide range of clients in both the residential and commercial mortgage banking industries, our attorneys are at the forefront of rapidly changing regulatory developments. Our Mortgage Banking Group is part of Ballard Spahr's nationally recognized Consumer Financial Services Group. We combine broad regulatory experience with formidable skill in litigation and depth in enforcement actions and transactions.
Our team represents clients worldwide, from start-ups to Fortune 500 corporations. Clients include financial institutions; mortgage lenders, brokers, and servicers; secondary-market investors; insurance companies; investment bankers; settlement service providers; auction platforms; and homebuilders. We also advise industry service providers such as technology vendors, collection agencies, document preparation companies, telemarketers, loan fulfillment companies, and trade associations.
The Dodd-Frank Wall Street Reform and Consumer Protection Act and its establishment of the Consumer Financial Protection Bureau have expanded compliance requirements, made compliance more complex, and greatly enhanced penalties for noncompliance.
Our attorneys counsel a variety of market participants on issues such as loan originator compensation and steering restrictions, loan originator overtime requirements, risk retention, repayment ability requirements, lending standards and restrictions, and disclosure requirements.
We have experience assisting clients with the ever-expanding range of federal laws, including the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), the Equal Credit Opportunity Act (ECOA), the Fair Debt Collection Practices Act (FDCPA), the Fair Housing Act (FairHA), the Home Mortgage Disclosure Act (HMDA), and the Gramm-Leach-Bliley Act (GLBA).
In addition, our team regularly advises clients on applicable state laws and requirements, including those involving licensing, permissible fees, unfair practices, disclosures, advertising, and telemarketing.
State and Federal Licensing
We assist clients in acquiring and maintaining the state licenses necessary to finance, broker, and service mortgages or engage in consumer credit finance activities. We also advise clients on SAFE Act requirements; help them meet branch, loan officer, trade name, and renewal or recertification requirements; and identify and obtain licenses and approvals related to stock and asset acquisitions. In addition, we work with clients to secure approvals from federal agencies, including Ginnie Mae, FHA, and VA, and the GSEs.
Transactions, Due Diligence, and Audits
Clients frequently call upon us to oversee transactional matters such as mergers and acquisitions, liquidations of distressed assets, purchases and sales of mortgage loans, servicing rights and other assets, formation of joint ventures and strategic alliances, and the establishment of warehousing and other credit facilities.
We assist investors with due diligence, conduct audits to ensure compliance, and develop procedures when corrective action is necessary. Our attorneys have experience reviewing operations for compliance with applicable state and federal law, as well as emerging industry trends. Our attorneys have provided counsel in review of a servicer's compliance with the OCC's Consent Order related to foreclosure practices.
LitigationWhen mortgage lending and servicing disputes escalate and require litigation, we have clients well covered. Ballard Spahr is home to a pre-eminent financial services litigation practice. We defend clients nationwide in class actions, single-plaintiff claims, regulatory proceedings, and other complex mortgage litigation.
We often act as national coordinating counsel in defending litigation for major financial service providers, and we have handled class actions and other lawsuits involving the enforcement of contracts, challenges to contract terms, compliance challenges, insurance issues, and cases concerning RESPA, TILA, ECOA, FairHA, FCRA, FACTA, HMDA, GLBA, and state consumer protection acts.
We also defend clients in administrative enforcement proceedings and investigations, including state and federal audits, fair housing and fair lending complaints and investigations, HUD RESPA enforcement actions, inspector general investigations, and Mortgagee Review Board actions.
Our Mortgage Banking Group maintains strong industry relationships in both the private and public sector, and its presence in Washington, D.C., benefits clients who require experienced representation before federal agencies such as the U.S. Department of Housing and Urban Development, the Federal Trade Commission, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Justice Department.
We also represent clients before a variety of state agencies, including state attorneys general and state agencies charged with enforcing a variety of consumer finance laws.
Repurchase, Coverage, and RecoveryLoan repurchases are a critical issue for the mortgage and financial services industries. We help limit our clients' exposure to loss stemming from repurchase issues, from evaluating repurchase demands and calculating risk to evaluating insurance coverage, and examining any available protections.
Richard J. Andreano, Jr.
Tel (202) 661-2271
John D. Socknat
Tel (202) 661.2253
- Products and Services: Attorneys
- Website: www.ballardspahr.com
- Phone: (202) 661-2200
- Address: 1909 K Street NW, 12th Floor Washington, DC 20006-1157
Blank Rome LLP- Millennium Sponsor
Blank Rome's consumer financial services industry team is comprised of a multi-disciplinary group of business, regulatory and litigation lawyers spanning the Firm's geographic footprint. Their collective related experience is in the areas of regulatory compliance, financial services and commercial litigation, bankruptcy, and white collar criminal defense/government investigations.Members of the consumer financial services team are admitted to practice in the following jurisdictions: California, Connecticut, Delaware, Florida, Kentucky, Maryland, New Jersey, New York, Ohio, Pennsylvania, Texas, Virginia and Washington, D.C.
Regulatory Compliance and CFPB Issues
Our lawyers have been instrumental in helping national mortgage lenders and servicers successfully navigate the rapidly changing regulatory dynamic in the wake of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The new regulations promulgated by the Consumer Financial Protection Bureau (CFPB) have created a host of new compliance issues, and we have advised clients in all stages of preparing to meet those issues. We have counseled clients through the CFPB rulemaking process during the recent revisions to the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA), including evaluating the proposed rules, drafting comments, and analyzing the final rule, and are prepared to provide ongoing guidance to clients as the rules continue to evolve. Our lawyers have extensive experience advising clients on developing internal policies and procedures to minimize regulatory noncompliance risk exposure and future litigation risks.
Statutory Compliance Programs
To further assist our clients, we have developed novel programs to assist mortgage lenders and servicers in responding to pre-litigation issues raised by borrowers and regulatory agencies. In particular, these programs address highly risk-sensitive response issues relating to recession demands under the Truth In Lending Act (TILA) and Qualified Written Requests under the Real Estate Settlement Procedures Act (RESPA).
Our litigators have successfully defended national and regional consumer lending and servicing clients in individual and class action lawsuits in numerous state and federal courts, including bankruptcy proceedings. We have a track record of successfully representing lenders and servicers in litigations containing claims related to:
- Consumer Financial Protection Bureau (CFPB)
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Truth in Lending Act (TILA)
- Real Estate Settlement Procedures Act (RESPA)
- Fair Debt Collection Practices Act (FDCPA)
- Unfair and Deceptive Acts and Practices (UDAP)
- Home Ownership and Equity Protection Amendments (HOEPA)
- Equal Credit Opportunity Act (ECOA)
- Fair Credit Reporting Act (FCRA)
- Fair and Accurate Credit Transactions Act (FACTA)
- Credit Repair Organizations Act (CROA)
- Predatory Lending Practices
- Consumer Fraud
- Federal Loan Modification Programs
- State Consumer Protection Laws
- National Mortgage Settlement
Regulatory Complaints and Government Investigations
Our lawyers regularly assist clients in responding to complaints filed by and with federal and state regulatory agencies throughout the United States. Additionally, we counsel clients in regard to inquiries and investigations by government agencies, and we conduct internal investigations to strategically assist in the process.
We solve our client's problems that arise in the relationships among mortgage and installment credit lenders, brokers, and investors. We have assisted clients in numerous merger and acquisition and portfolio sale transactions in the mortgage and other consumer finance industries. From both legal and business viewpoints, we have experience in evaluating, structuring, and documenting consumer credit products and services, including first and second mortgage loans, home equity credit, credit card and revolving loans, consumer leases, personal installment loans, student loans, retail lending, motor vehicle loans and leases, and other retail installment sale programs.
Additional Industry Services
We also provide advice on state licensing; compliance examinations; federal and state interest rate and usury law; FHA, FHLMC, FNMA, and GNMA, programs; holding company and multi-state banking and lending problems; and related consumer financial services statutes, regulations, and issues. Additionally, we provide counsel on the Gramm-Leach-Bliley Act and other federal and state privacy laws, regulations, and directives.
- Products and Services: Attorneys
- Website: www.blankrome.com
- Phone: Phone: (215) 569-5500 Fax: (215) 569-5555
- Address: 130 North 18th Street Philadelphia, PA 19103-6998
Buckley- Millennium Sponsor
General Session: Major Litigation
At Buckley Sandler we focus on three key areas - financial services, government enforcement, and litigation - and do them exceptionally well. How well? Noted legal ranking authority Chambers USA has called our law firm "the best at what they do in the country."
We provide a full suite of regulatory, enforcement, litigation, and transactional services to a broad range of clients, including 21 of the 25 largest banks in the U.S., the top 10 credit card issuers, the top mortgage originators and servicers, seven of the top 10 auto finance originators, and numerous mid-size banks, fintech companies, private equity firms, and other investors in the financial services industry.
Our litigators are creative and aggressive advocates who are prepared to go to trial and win - and have done so repeatedly. Whether inside the courtroom or at the settlement table, we have developed a reputation for our ability to obtain the best results possible, often under the most challenging of circumstances.
Over the years, we have extended the scope of our services in response to market developments and government actions, building on internal strengths and acquiring additional talent as necessary. We have built a fintech practice that is on the cutting edge of business, technology, and regulatory innovations involving digital commerce, virtual currencies, payments, money transmitters, marketplace lending, and privacy and data risk. Our transactional work focuses on the needs of financial services entities, including mergers and acquisitions, capital raising, critical vendor and other third-party relationships/agreements, financings, SEC reporting, corporate and board governance, and the acquisition and disposition of loans, servicing rights, and distressed assets.
We are proud of our growth and success, and are equally proud that we have remained true to our vision of creating a premier law firm with a distinctive culture that defines who we are and how we work. Our work across industries often spans the entire lifecycle of a corporate entity. The scope of our work is ever-evolving, responding to industry changes and the needs of our clients.
- Products and Services: Attorneys
- Website: www.buckleysandler.com
- Phone: (202) 349-8000
- Address: 1250 24th Street NW, Suite 700 Washington, DC 20037
McGlinchey Stafford - Millennium Sponsor
General Session: What to expect - The New Administration and Regulatory Changes
McGlinchey Stafford is a premier mid-sized business law firm that creatively delivers best-in-class, full-service, scalable solutions for clients nationwide by leveraging bold innovation, diverse talent, and leading-edge technology across its growing networked platform.
- Products and Services: Attorneys
- Website: www.mcglinchey.com
- Phone: (504) 586-1200
- Address: 601 Poydras St Ste 1200 New Orleans LA 70130-6057
Hinshaw & Culbertson LLP- Platinum Sponsor
- Products and Services: Attorneys: Mortgage Servicing and Lender Litigation
- Website: www.Hinshawlaw.com
- Phone: (212) 471.6245
- Address: 800 3rd Avenue, NY, NY 1002
Sheppard Mullin- Platinum Sponsor
- Website: www.winnowsolutions.com
- Phone: (949) 674-4920
- Address: 5101 E. La Palma Ave, Suite 101 Anaheim Hills, CA 92807
Garris Horn PLCC- Contributor Sponsor
- Website: www.garrishorn.com
Houser, LLP- Contributor Sponsor
- Products and Services: Attorneys
- Website: www.houser-law.com
- Phone: (949) 679-1111
- Address: 9970 Research Drive, Irvine CA 92618
Venable LLP- Contributor Sponsor
- Website: www.venable.com
- Phone: (202) 344-4000
- Address: 600 Massachusetts Avenue NW Washington, DC 20001