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Monday, September 17, 2018

  • ROUNDTABLE: Ask the Experts about LO Comp

    Location: Independence Ballroom E,
    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

    Roundtable

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    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.

  • ROUNDTABLE: RESPA Section 8

    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

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    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.

  • ROUNDTABLE: Servicing Compliance Questions

    Location: Independence Ballroom I,
    Independence Level


    Speaker(s)

    Samuel I. Racoosin, Managing Director and Associate General Counsel, JP Morgan Chase Bank, NA

    Nanci L. Weissgold, Partner, Alston & Bird, LLP

    Krista Cooley, Partner, Mayer Brown LLP

    Kathleen (Kitty) Ryan, Partner, Akerman LLP

    Roundtable

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    Speaker(s)

    Samuel I. Racoosin, Managing Director and Associate General Counsel, JP Morgan Chase Bank, NA

    Samuel Racoosin is a Managing Director and Associate General Counsel at JP Morgan Chase Bank, NA. He is the lead attorney for the residential Loan Servicing performing, customer assistance and default legal teams. He is principally responsible for providing legal advice to the residential mortgage loan servicing business.  Before joining JP Morgan Chase, Racoosin was Associate General Counsel at Fannie Mae. In that capacity, he was responsible for providing legal advice to the US Treasury in connection with the Obama Administration’s Making Home Affordable Program. Samuel previously served as Associate General Counsel for Fannie Mae’s single family mortgage business, providing advice on new products, eMortgage initiatives, and loss mitigation.  Prior to joining Fannie Mae, Samuel was Associate General Counsel of North American Mortgage Company, a national mortgage banker.

    Nanci L. Weissgold, Partner, Alston & Bird, LLP

    Nanci Weissgold is a member of Alston & Bird’s Financial Services & Products Group and a co-leader of the Consumer Finance Regulatory Compliance team. She advises financial institutions and financial service providers on issues relating to mortgage lending and mortgage servicing, valuation, and other consumer lending issues as part of her national regulatory compliance practice.  This includes: (i) counseling clients on compliance with state and federal laws that regulate consumer financial products and services, (ii) working with state regulators to obtain approvals, licenses or regulatory guidance, (iii) developing compliance management systems, (iv) performing CFPB readiness exams, defending administrative enforcement actions (including state government audits, single or multi-state examinations, and investigations) and assisting in litigation involving regulatory compliance issues, and (v) representing bank and non-bank lenders and appraisal management companies on valuation issues (including, for example, compliance with appraisal independence requirements under TILA, Interagency Appraisal and Evaluation Guidelines, FIRREA, AIR, ECOA, state AMC, appraisal and real estate broker laws). Nanci is a frequent speaker and presenter at legal and industry conferences and webinars, and has published numerous articles on mortgage banking, valuation and consumer finance related topics. She has been named a Fellow of the American College of Consumer Financial Services Lawyers, and she is peer rated in the Martindale-Hubbell® directory as AV® Preeminent, the highest level of professional excellence. Professional affiliations include Women in Housing and Finance Foundation, primary outside counsel, 2007-2009 and The Conference on Consumer Finance Law, Governing Committee.

    Krista Cooley, Partner, Mayer Brown LLP

    Krista Cooley is a partner in Mayer Brown’s Washington DC office and a member of the Consumer Financial Services group. She concentrates her practice on federal regulatory enforcement and compliance issues. She represents companies in the mortgage lending, mortgage servicing, title insurance and real estate industries in connection with administrative and regulatory compliance matters. Krista defends clients subject to government audits, investigations and enforcement proceedings before, among others, HUD, the VA, USDA, DOJ, CFPB and state banking departments in cases involving the False Claims Act, the Program Fraud Civil Remedies Act, Mortgagee Review Board proceedings and RESPA enforcement matters. She advises clients about federal and state consumer credit and protection laws and regulations, including RESPA, FHA, VA, USDA Rural Housing Service (RHS) and Home Equity Conversion Mortgage (HECM) requirements. Krista reviews and analyzes existing and proposed business arrangements for compliance with federal and state law requirements and drafts related agreements and disclosures. She performs regulatory compliance due diligence, with particular emphasis on FHA-insured origination and servicing requirements.

    Kathleen (Kitty) Ryan, Partner, Akerman LLP

    Kathleen is a partner at Akerman LLP where she advises clients on a broad range of consumer protection issues. She was a Deputy Assistant Director for the CFPB’s Office of Regulations, and Senior Counsel at the Federal Reserve Board in Washington, D.C. During her government tenure, Kathleen wrote and interpreted major consumer regulations applicable to mortgages, including changes to Regulation Z’s advertising rules in 2009. Kathleen also has extensive experience in fair lending and UDAAP matters.

  • ROUNDTABLE: TRID 2.0 Update

    Location: Wilson/Roosevelt,
    Constitution Level


    Speaker(s)

    Suzanne Garwood, Executive Director and Assistant General Counsel, JPMorgan Chase

    Richard B. Horn, Member, Garris Horn PLLC

    Roundtable

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    Speaker(s)

    Suzanne Garwood, Executive Director and Assistant General Counsel, JPMorgan Chase

    Suzanne Garwood is Executive Director and Assistant General Counsel in JPMorgan Chase’s mortgage banking department where she assists with the bank’s compliance related to mortgage production. Prior to joining Chase, Suzanne was outside counsel at two Washington DC-based law firms. While in private practice, Suzanne advised her clients with respect to compliance with consumer protection laws and advocated for her clients before the Consumer Financial Protection Bureau and Congress.

    Richard B. Horn, Member, Garris Horn PLLC

    Richard Horn is a founding member of Garris Horn PLLC, a new virtual financial services law firm. Richard is a former Senior Counsel & Special Advisor in the Consumer Financial Protection Bureau’s Office of Regulations. At the CFPB, Richard led the final TRID rulemaking and the CFPB’s design of the TRID disclosures. As a key architect of TRID, Richard is one of the foremost experts on the rule. Prior to joining the CFPB, Richard was a Senior Attorney at the Federal Deposit Insurance Corporation in the New York Regional Office. At the FDIC, Richard worked on consumer compliance and risk management supervisory matters and enforcement actions in many areas of consumer finance law.  Richard currently advises on all consumer finance regulatory issues, including TRID, RESPA, TILA, FCRA, UDAAP, and state high cost lending and licensing laws. He also advises clients on exam preparation, supervisory matters, investigations, and enforcement actions. Richard’s clients include community, regional, and large depository institutions, non-depository lenders, technology companies, title insurance underwriters and agents, due diligence firms, and investors.   Garris Horn PLLC was founded with a singular aim – completely redesign the financial services law firm to provide the highest levels of personalized service to financial services clients. Our firm started and evolves with technology, seeking to shed the inessentials and inefficiencies of the traditional law firm. We are the next evolution of the financial services law firm. Effective. Efficient. Evolved.