EMERGING ISSUES TRACK: Advanced Default Servicing Challenges

Attorney- Partner, Bradley

Jason Bushby, Partner at Bradley, provides regulatory compliance, examination, enforcement, and litigation assistance to a range of financial services clients nationwide. On the compliance side, he assists financial services entities in ensuring their operations comply with applicable federal and state consumer financial laws. Bushby is knowledgeable about the mortgage origination and servicing regulations issued by the Consumer Financial Protection Bureau (CFPB), including the Mortgage Servicing Final Rules under Regulations X and Z, and the TILA-RESPA Integrated Disclosure Rule. He also advises clients on compliance matters related to a host of other federal and state regulations, including TILA, RESPA, FCRA, ECOA, and the FDCPA. As a part of his compliance practice, he routinely leads clients through gap analyses, risk assessments, and targeted reviews, and routinely reviews and provides feedback on policy and procedure documents, form notices, and training modules. On the examination and enforcement side, Bushby has advised some of the nation’s largest financial institutions in all aspects of their CFPB and other regulatory examinations. His work in this area includes conducting risk assessments, managing and responding to information requests, self-disclosing issues to the applicable regulatory body, working with examiners during on-site reviews, formulating examination strategies, and responding to Proposed Action and Request for Response (PARR) letters and other examination reports. Bushby defends financial institutions in investigations and enforcement actions initiated by the CFPB and other regulators. He can also assist with responding to complaints and allegations of regulatory violations made by borrowers, state attorneys general, and other regulatory bodies. On the litigation side, Bushby represents financial services clients in civil matters nationwide. He has represented financial services entities in a wide array of state, federal, and statutory law claims, including, but not limited to, claims under the FCRA, FDCPA, TILA, and RESPA. Bushby serves as counsel to the American Bankers Association. He is also a frequent speaker during webinars and trade association presentations on regulatory compliance issues.

Managing Partner, LOGS Legal Group

Wendy Lee is the Managing Partner of LOGS Legal Group. Prior to LOGS, Wendy was the Chair of AMLAW 200 Firm Buchalter's Fintech and AI practice group. She's also served in in house roles as EVP and Chief Legal Officer of Sagent and as FVP and AGC at Washington Mutual Bank.

Partner, Wright, Finlay & Zak, LLP

Michelle A. Mierzwa is a Compliance Partner at Wright, Finlay & Zak LLP, a Western Regional law firm in Arizona, California, Nevada, Oregon, Washington and Utah, providing the mortgage industry with state and federal compliance and regulatory counsel. Over 24 years in practice, she resolved litigation through trials and appellate practice, headed legal for a multi-state non-judicial foreclosure trustee, coordinated compliance audits, and managed the California branch of a national law firm. She works with lenders and servicers of all sizes to ensure compliance with state and federal laws, including FDCPA, SCRA, FCRA, RESPA, TILA, CFPB Rules, CARES Act, state collection, foreclosure and licensing laws, and regulatory agency investigations. She is admitted to practice in CA and WA.

Partner, McCarter & English, LLP

McCarter & English, LLP, partner Adam Swanson helps consumer mortgage lending and servicing clients address legal challenges to enforcing agency and non-agency mortgages and their securitization vehicles and mitigate risk to large residential mortgage portfolios. He represents major industry players in claims arising from loan origination, servicing, default servicing, foreclosures, bankruptcy, evictions, and REO properties and advises them on compliance with consumer lending regulations. RMBS industry stakeholders rely on him to challenge adverse laws and regulations and help mitigate negative impacts on multimillion-dollar RMBS portfolios, including handling litigation challenging the retroactive application of NY’s Foreclosure Abuse Prevention Act and monitoring of eNote developments.