Schedule

Schedule subject to change.

Note: Meeting rooms may change, so please refer to the MBA Events mobile app -available in both the App Store and Google Play- on-site for final locations.

PDF Agenda Editable Agenda

Monday, September 17, 2018

  • APPLIED COMPLIANCE TRACK: Trends in RESPA Section 8 Compliance

    Location: Independence Ballroom A,
    Independence Level


    Speaker(s)

    Brian S. Levy, Of Counsel, Katten & Temple, LLP

    Anthony Alexis, Partner, Goodwin

    Phillip L. Schulman, Partner, Mayer Brown LLP

    Joshua Weinberg, Executive Vice President, Compliance, First Choice Loan Services, Inc.

    Robert Lotstein, Partner, LotsteinLegal PLLC

    Breakout Session,

    Applied Compliance Track

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    RESPA Section 8 and the associated issues—marketing services agreements, joint ventures, etc.—are increasingly a focus of the industry following the PHH decision. Experts consider various practices to discuss the state of RESPA following the decision and offer thoughts on how to navigate the uncertain landscape.

    Speaker(s)

    Brian S. Levy, Of Counsel, Katten & Temple, LLP

    Brian S. Levy, Of Counsel with Katten & Temple, LLP in Chicago, provides practical and creative compliance, transactional and regulatory guidance for mortgage lenders and related providers to the mortgage industry. Brian has unique sales and in-house experience enabling him to offer actionable guidance and effective training on matters such as RESPA (MSA’s, lead sharing, joint marketing, desk leases, AfBA’s, etc.), LO compensation, mortgage repurchase defense, loan sale agreements, and other regulatory and enforcement issues.  Brian is a frequent conference speaker and is also a member of the American College of Consumer Financial Services Lawyers and the American College of Mortgage Attorneys. Among other articles and publications, Mortgage Banking Magazine featured two of his articles: Buybacks-They’re Not Going Away (September 2013) and CFPB’s Enforcement-First Approach, regarding the CFPB’s enforcement-based method of providing compliance guidance (April 2016).  Brian was General Counsel for a mid-sized midwestern bank (and its 3 mortgage banking subsidiaries) from 1994-2009 and prior to that worked for 5 years handling primarily commercial real estate matters at a large firm in Chicago.

    Anthony Alexis, Partner, Goodwin

    Tony Alexis serves as the head of the Goodwin’s Consumer Financial Services Enforcement Practice. His practice focuses primarily on consumer financial services and government and regulatory investigations. Prior to joining Goodwin, Mr. Alexis served as Assistant Director and Head of the Office of Enforcement at the CFPB, where he developed and managed the CFPB’s enforcement strategy, consumer financial investigations and litigation. He also coordinated strategy, investigations and litigation in areas such as payday/short-term loans, mortgages, credit cards, credit reporting, debt collection, student and automobile lending, and payments systems with leaders of the enforcement and regulation departments at the DOJ, U.S. Attorneys’ Offices, state attorneys general, SEC, CFTC, FDIC, OCC, and the NY-DFS. Mr. Alexis also served as a member of the CFPB’s Executive Committee and its Civil Penalty Fund Governance Board. He joined the CFPB as the Deputy Enforcement Director for Field Litigation, and was responsible for enforcement work conducted by enforcement’s four regional offices.

    Phillip L. Schulman, Partner, Mayer Brown LLP

    Phillip Schulman is a partner in Mayer Brown's Washington DC office and a member of the Consumer Financial Services group. His practice focuses on a range of matters related to real estate finance, mortgage banking and consumer finance in both the primary and secondary markets. He represents companies in the mortgage lending, title insurance and real estate industries in connection with administrative and regulatory compliance matters, including those involving the Consumer Financial Protection Bureau (CFPB), the US Department of Housing and Urban Development (HUD), the US Department of Veterans Affairs (VA), Ginnie Mae, Fannie Mae and Freddie Mac. He advises clients on matters related to approval, origination and servicing requirements under the US Federal Housing Administration's single-family loan programs. He also defends companies in connection with governmental audits, investigations and enforcement proceedings, before, among others, the CFPB, HUD, the VA, the DOJ and the Federal Trade Commission, with particular focus on defense of False Claims Act, Financial Institutions Reform, Recovery, and Enforcement Act, Mortgage Review Board and Real Estate Settlement Procedures Act enforcement matters. Mr. Schulman served as chief legal counsel for HUD’s Office of Inspector General and Mortgagee Review Board. He is a frequent lecturer on real estate and mortgage banking matters and has co-authored several books on RESPA, including A Practical Guide To The Real Estate Settlement Procedures Act. He is admitted to practice before various state and federal courts including the U.S. Supreme Court.

    Joshua Weinberg, Executive Vice President, Compliance, First Choice Loan Services, Inc.

    Joshua Weinberg is a nationally recognized speaker, author, consultant, and leader in mortgage lending; specializing in integrating compliance and technology. He is currently Executive Vice President of Compliance, and has lead compliance since 2009 at First Choice Loan Services Inc., a Berkshire Bank Company, America’s Most Exciting Bank® He works closely with Federal and State Regulators including the CFPB, FDIC, CSBS/AARMR, and the HUD/FHA and participates with many industry associations. He is the Chair of the Mortgage Bankers Association’s Regulatory Compliance Committee, a member of ABA’s Residential Markets Committee, Immediate Past Vice Chairman of the Board of Directors for MISMO, a member of the Registered Institutions Working Group for the NMLS, and an Advisory Board Member and Compliance Expert for Mortgage Compliance Magazine. Weinberg also consults privately for some of the top mortgage technology vendors in the country. Previously he worked for a major LOS vendor where he was in charge of Compliance, Government Loan programs and Reverse Mortgages. He has worked in retail banking environments and also worked independently as the owner of a mortgage broker company.

    Robert Lotstein, Partner, LotsteinLegal PLLC

    Robert Lotstein is the Managing Attorney for LotsteinLegal PLLC based in Washington, DC. Robert is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, the highest recognition available for both legal professional ability and ethics.  Robert counsels clients on compliance applicable to mortgage lending, including banks, mortgage lenders, mortgage brokers, real estate companies, and other institutions offering services in conjunction with lending. Robert advises clients about growth strategies, including joint ventures, acquisitions, outsourcing, and expansion. Robert advises clients on state and federal requirements. Robert also provides government relations services.  For fifteen years, Robert was the Managing Partner of Lotstein Buckman LLP, a Washington, DC law firm that provided a wide range of services to the mortgage banking industry. The firm advised clients on federal, state, and local regulatory compliance issues, licensing, and other regulatory approvals and exemptions, and also provided government relations services for clients in Washington, DC and state capitals around the country.  Robert served for many years as ABN AMRO’s (as well as their subsidiary InterFirst) Washington DC Lobbyist and Counsel. On behalf of the Company, Robert worked with members of Congress, their staffs, banking committees as well as government agencies including HUD, the Federal Reserve, FDIC, and the OTC.  Robert served as General Counsel to the National Association of Mortgage Brokers (“NAMB”) and was a member of the NAMB's Board of Directors for six years. He provided legal counsel as well as lobbying efforts on behalf of the Association.  Lotstein Buckman launched iComply®, an online mortgage banking compliance analysis database for all 50 states and the District of Columbia and published an annual Mortgage Banking Regulators Directory and Guide. iComply was sold in 2007 to Thomson Reuters and is now included in its family of database products under the Westlaw Compliance Advisor umbrella. Mr. Lotstein served as a consultant for Thomson Reuters for three years.  Robert is a member of the Advisory Committee of the American Association of Residential Mortgage Regulators. Robert serves on several task forces and working groups related to the Consumer Financial Protection Bureau's loan officer compensation rule, RESPA, state and federal repayment ability standards, synchronization of disclosures under RESPA and TILA, and changes from the Dodd-Frank law.  American Lawyer Media and Martindale-Hubbell™ named Robert as a "2013 Top Rated Lawyer in Banking and Finance Law." In 2015, The Wall Street Journal listed Robert as a DC “Top Rated Lawyer” and “Legal Leader.” In 2016, Martindale-Hubbell, Robert has been rated at the highest level for professional legal ability and ethics. In 2018, Robert was elected as a Fellow of the American College of Consumer Financial Services Lawyers.

  • APPLIED COMPLIANCE TRACK: Ongoing Compliance Challenges of Social Media

    Location: Independence Ballroom A,
    Independence Level


    Speaker(s)

    Barbara Boccia, CRCM, Senior Director, Advisory Services & Regulatory Relations, Wolters Kluwer

    James Milano, Member, Weiner Brodsky Kider PC

    Shayna H. Arrington, Chief Compliance Office, The Money Source Inc.

    David K. Stein, Partner, Bricker & Eckler LLP

    Jeffrey P. Naimon, Partner, Buckley Sandler LLP

    Breakout Session,

    Applied Compliance Track

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    Social media marketing is a key tool for loan originators and companies that are seeking to increase production volumes. This activity is heavily regulated and monitoring employees social media can be a challenge for compliance professionals. This panel walks through common social media scenarios to illustrate the latest requirements and how to build effective systems to ensure enterprise compliance.

    Speaker(s)

    Barbara Boccia, CRCM, Senior Director, Advisory Services & Regulatory Relations, Wolters Kluwer

    Barbara Boccia, CRCM, MBA, JD, is a Senior Director and manages the Advisory Services and Regulatory Relations team at Wolters Kluwer across a wide range of consulting engagements, including fair lending, CRA, HMDA and UDAAP. She brings more than 30 years of professional experience to strategic and technical regulatory compliance engagements relating to consumer protection regulations, including reviews of Compliance Management Systems (CMS), Compliance Risk Assessments (including fair lending and UDAAP), Complaint Management Programs, and Third Party Vendor Management Programs. Her work includes helping clients with regulatory change management, preparing for exams, resolving regulatory enforcement actions, assisting with remediation efforts and Board training. She is a frequent speaker at industry events.

    James Milano, Member, Weiner Brodsky Kider PC

    James M. Milano is a partner with the law firm at Weiner Brodsky Kider PC, based in Washington, D.C. Jim represents and advises mortgage and finance companies on issues such as: (i) responding to federal and state regulatory audits and enforcement actions; (ii) state regulatory approvals; (iii) lending and servicing programs; (iv) state laws and regulations concerning loan disclosures, allowable fees, servicing and prohibited practices; (v) federal laws and regulations including, but not limited to, TILA, RESPA, ECOA, FDCPA, HMDA, FCRA, and GLBA (privacy); and (vi) implementation of the Dodd-Frank Act and CFPB regulations. Jim also represents investors and sellers in the acquisition and sale of mortgage and finance companies and consumer finance and mortgage assets. Jim is nationally recognized as one of the leading lawyers in the area of reverse mortgage law. Jim is a member of the Governing Committee of the Conference on Consumer Finance Law and a Fellow of the American College of Consumer Financial Services Lawyers. Among other publications, Jim also is Co-Author of the MBA Compliance Essentials℠: Fair Credit Reporting Act Resource Guide (2013), and the MBA Compliance Essentials℠: Consumer Complaints Resource Guide (2016). Jim is a frequent speaker at financial services trade association meetings, conferences and webinars.

    Shayna H. Arrington, Chief Compliance Office, The Money Source Inc.

    As the Chief Compliance Officer at The Money Source Inc. (TMS), Shayna oversees compliance across all business channels, including Correspondent, Wholesale, Retail, and Servicing. Before joining TMS, Shayna worked at a mortgage banking focused law firm where she served as outside compliance counsel to a variety of lenders and servicers. She has extensive government and regulatory experience, including time at the Department of Housing and Urban Development and the Department of Justice.

    David K. Stein, Partner, Bricker & Eckler LLP

    David K. Stein is a Partner at Bricker & Eckler LLP. He chairs the firm’s Consumer Financial Services practice group and maintains a national practice in this area.  David represents lenders facing critical issues related to marketing and sales practices, loan servicing, licensing, state and federal regulatory examinations and investigations and defense of enforcement actions and consumer claims. He is involved in complex litigation throughout the U.S., including class action defense and multidistrict litigation. David has appeared in actions before various U.S. District Courts, as well as the 6th Circuit Court of Appeals, the CFPB, FTC and in proceedings before State Attorneys General in multiple jurisdictions.  A leading expert on advertising and sales practices, David is the author of the MBA’s Social Media and Digital Advertising Compliance Resource Guide. David serves on various banking industry committees, including the Mortgage Bankers Association Legal Committee, Litigation Subcommittee and Risk Committee, as well as the ABA’s Consumer Financial Services Committee. Named as Top Lawyer in Financial Markets by Columbus C.E.O. Magazine, he is a nationally recognized speaker, and frequently trains companies in matters concerning fair lending, advertising and social media, sales practices, and anti-money laundering and obligations under the Bank Secrecy Act.

    Jeffrey P. Naimon, Partner, Buckley Sandler LLP

    Jeff Naimon is a Partner in the Washington, DC office of Buckley Sandler LLP, with more than 20 years of experience assisting bank and non-bank financial services providers (and investors in same) with regulatory, enforcement, and transactional matters. He defends financial services companies facing complex examination or enforcement matters before the Consumer Financial Protection Bureau (CFPB), and federal and state banking and mortgage regulators, with a focus on fair lending, unfair, deceptive, or abusive acts and practices (UDAAP), loan servicing, privacy and credit reporting, debt collection, servicemember protections and other consumer protection issues. He assists banks and non-banks structure, negotiate, and operate a variety of vendor management and outsourcing programs and other third-party arrangements, including performing due diligence, negotiating transactions, and advising on ongoing oversight protocols to meet regulatory expectations for third-party arrangements. Mr. Naimon also assists in negotiating acquisition, capital markets, and servicing transactions, advising on how best to structure the transaction to reduce risk and expedite deal closure, performing due diligence, and assisting in obtaining the necessary change of control and other regulatory approvals. Mr. Naimon is consistently recognized as a leading lawyer in Financial Services Regulation: Consumer Finance (Compliance) in Chambers USA, which praised him for his "extremely high intellect regarding compliance matters and negotiation skills. There's none better at arguing a disputed point." He is also a Fellow of the American College of Consumer Financial Services Lawyers. He previously served as Co-chair (2011-2013) and Co-vice Chair (2008-2010) of the Truth in Lending Subcommittee of the American Bar Association’s Consumer Financial Services Committee, and has authored numerous articles on consumer financial services.

  • APPLIED COMPLIANCE TRACK: UDAAP Compliance

    Location: Independence Ballroom A,
    Independence Level


    Speaker(s)

    Jonice Gray Tucker, Partner, Buckley Sandler LLP

    Ori Lev, Partner, Mayer Brown LLP

    Francis X. "Trip" Riley, III, Partner, Saul Ewing LLP

    Michael Waldron, Chief Compliance Officer, Bayview Loan Servicing, LLC

    Breakout Session,

    Applied Compliance Track

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    This session presents scenarios that may present violations to the Unfair Deceptive and Abusive Acts and Practices (UDAAP) rule. Attend this session to test your analysis of the situation against the experts and learn key principles for conducting UDAAP analysis.

    Speaker(s)

    Jonice Gray Tucker, Partner, Buckley Sandler LLP

    Jonice Gray Tucker is a founding partner with Buckley Sandler LLP, specializing in work with banks, non-bank financial institutions, and other companies providing financial products and services. Ms. Tucker focuses a substantial portion of her practice on government investigations, enforcement actions, and examinations, having served as defense counsel in matters brought by the DOJ, CFPB, HUD, FTC, prudential banking regulators, and state regulators, including state Attorneys General, the NYDFS, and the California DBO among others. Ms. Tucker also represents clients in complex civil litigation, conducts internal investigations, and counsels clients on compliance with laws governing financial services.  Ms. Tucker has been recognized in Chambers USA as a leading lawyer in the category of Financial Services Regulation: Banking (Enforcement & Investigations) as well as in Super Lawyers (Consumer Law, Civil Litigation Defense, and Banking), Best Lawyers (Banking and Finance Law), and Legal 500 (Litigation). In 2018, she received MCCA’s Rainmaker Award and also was recognized by Savoy as one of the nation’s Most Influential Black Lawyers.  Ms. Tucker has been featured in Washingtonian magazine’s Top Lawyers issue, the “Meet the Women Rainmakers” segment of Law Practice Today, in Law360’s Rainmaker series, and in Law360’s Minority Powerbroker series. She also was selected for Legal BisNow’s 40 Top Lawyers Under 40.  Ms. Tucker is Chair of the American Bar Association’s Banking Law Committee, which has more than 2,000 members. She also serves on the Board of Regents of the American College of Consumer Financial Services Lawyers.

    Ori Lev, Partner, Mayer Brown LLP

    Ori Lev is a financial services partner in Mayer Brown’s Washington, D.C. office. He concentrates his practice on representing financial institutions and other companies in government enforcement matters, internal investigations, and litigation, and providing regulatory advice and counsel on federal consumer financial and economic sanctions law. Ori has an extensive regulatory enforcement background, both at the Consumer Financial Protection Bureau (CFPB), where he served as a founding member of the agency and as deputy enforcement director, and at the Office of Foreign Assets Control (OFAC), where he led the office of enforcement. Ori represents clients in CFPB investigations, assists clients in preparing self-disclosures, and advises clients on UDAAP and other regulatory risks. He also provides advice regarding the CFPB’s jurisdiction, authority, priorities, and practices.

    Francis X. "Trip" Riley, III, Partner, Saul Ewing LLP

    Trip Riley has extensive experience representing companies, on both the defense and plaintiffs side, in complex, high-exposure commercial litigation. His clients range from financial services companies and real estate brokerage companies, to national retailers and a variety of franchisors in actions involving claims of fraud, unfair competition, antitrust, tortious interference, conspiracy, RICO violations, theft of trade secrets, IP infringement, and breach of contract. He has also defended his clients against shareholder and partner derivative actions, and consumer class actions brought under various federal and state consumer protection laws.  Trip is co-chair of the Firm’s Consumer Financial Services Litigation practice group. Accordingly, Trip counsels on and litigates issues related to the CFPA’s UDAAP Provisions; RESPA; TILA; Reg. X; Reg. Z; ECOA; FRCA; TCPA; FDCPA; FACTA; Consumer Data Protection and Use, Cyber Security; and other statutory and common law consumer complaints. In addition he represents clients related to government investigations and enforcement actions.

    Michael Waldron, Chief Compliance Officer, Bayview Loan Servicing, LLC

    Michael S. Waldron is the Chief Compliance Officer of Bayview Loan Servicing where he is responsible for the Compliance and Oversight Department’s management, leadership and direction as well as the company’s overall compliance strategy. Prior to joining Bayview, Michael was Practice Leader of Ballard Spahr’s nationally recognized Mortgage Banking Group. With over 20 years servicing the industry in a wide variety of legal and compliance-related functions, Michael is known for his ability to navigate the regulatory landscape and build relationships that add value to those with whom he works.

Tuesday, September 18, 2018

  • APPLIED COMPLIANCE TRACK: Loan Originator Compensation

    Location: Independence Ballroom A,
    Independence Level


    Speaker(s)

    Richard J. Andreano, Jr., Partner, Ballard Spahr LLP

    Melissa L. Richards, CMB, Principal, Richards Law Firm

    R. Andrew Arculin, Partner, Venable LLP

    Sheila M. Strong, Senior Vice President, Compliance and General Counsel, AmeriFirst Home Mortgage

    Breakout Session,

    Applied Compliance Track

    Read more Read less

    Loan Originator compensation is an increasingly important focus as production shifts to a purchase-oriented market. Walk through hypothetical compensation plans to discuss what is allowed under the rules and what is not.

    Speaker(s)

    Richard J. Andreano, Jr., Partner, Ballard Spahr LLP

    Richard J. Andreano, Jr., is a Practice Leader of the Mortgage Banking Group at Ballard Spahr, and a member of the Consumer Financial Services Group. He has devoted over 30 years of practice to financial services, mortgage banking, and consumer finance law. Rich advises the mortgage and settlement service industries on regulatory compliance and related matters, including issues concerning the Dodd-Frank Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Equal Credit Opportunity Act, Fair Housing Act, Fair Credit Reporting Act, Home Mortgage Disclosure Act, and Gramm-Leach-Bliley Act. He assists clients with government agency examinations and with regulatory issues, including issues under the TRID, HMDA, ability to repay, loan originator compensation, appraisal, escrow and servicing rules. Rich is the author of the MBA Compliance Essentials Loan Originator Compensation Rule Resource Guide™ and co-author of the MBA Compliance Essentials TILA/RESPA Integrated Disclosure (TRID) Resource Guide™.

    Melissa L. Richards, CMB, Principal, Richards Law Firm

    Melissa Richards, CMB is the Principal at Richards Law Firm.  For the last 6 years, Ms. Richards served as the Chief Legal & Risk Officer of CMG Financial, a mid-size independent residential mortgage banker operating nationwide, overseeing all Legal matters as well as the company’s Enterprise Risk Management program. In August 2018, Ms. Richards returned to private practice.  Prior to joining CMG Financial in 2012, Ms. Richards was in private law practice for 22 years, specializing in federal and multistate regulatory compliance and licensing for the financial services industry including all facets of the mortgage banking industry. Ms. Richards also served in leadership for the California Mortgage Bankers Association during that time, both as a Director (1997-2006) and as General Counsel (2002-2008).  Ms. Richards was awarded her Certified Mortgage Banker designation by the Mortgage Bankers Association (MBA) in 2009 and, in 2013, was inducted as a Fellow with the American College of Mortgage Attorneys.

    R. Andrew Arculin, Partner, Venable LLP

    Andy Arculin is a partner in Venable’s Regulatory Group and the firm’s Consumer Finance practice. He has over a decade of experience in consumer financial matters, both in private practice and with the federal government. Mr. Arculin advises a wide range of clients on all aspects of the mortgage business from chartering and licensing, to marketing, to loan origination and servicing, to secondary purchase and diligence. Mr. Arculin’s practice focuses on the “alphabet soup” of consumer credit statutes and regulations, including the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Equal Credit Opportunity Act (ECOA), the Home Mortgage Disclosure Act (HMDA), the Fair Credit Reporting Act (FCRA) as well as other federal and state statutes and regulations. Mr. Arculin also is a frequent speaker at industry conferences, and a recognized authority in the fields of mortgage banking and consumer financial protection regulation. Prior to joining Venable, Mr. Arculin served as senior counsel at the Consumer Financial Protection Bureau's Office of Regulations where he was responsible for the development and implementation of consumer financial services regulations, including the TILA-RESPA Integrated Disclosures and the Dodd-Frank Act mortgage rules. Mr. Arculin also played a key role at CFPB in educating the public and industry leaders about the Dodd-Frank mortgage rules and the TILA-RESPA Integrated Disclosures.

    Sheila M. Strong, Senior Vice President, Compliance and General Counsel, AmeriFirst Home Mortgage

    Sheila M. Strong is the Senior Vice President of Compliance and General Counsel at AmeriFirst Home Mortgage (“AmeriFirst”) in Kalamazoo, Michigan. As a member of the senior management team, Ms. Strong ensures that compliance is at the forefront of AmeriFirst operations and strategic planning through her Compliance Management System. The Compliance Management System implements, monitors, improves, and revises corporate policies and procedures to serve the mortgage needs of consumers in a manner that is consistent with ethical lending and servicing practices. As a former mortgage loan originator, Ms. Strong brings real-world experiences in implementing compliance management strategies. Accordingly, Ms. Strong works proactively and collaboratively with each AmeriFirst department to ensure effective and comprehensive compliance with federal, state, and local rules and regulations. Ms. Strong also serves as the Chair for the MBA Legal and Regulatory Compliance Committee.