EMERGING ISSUES TRACK: The Changing Landscape Around Borrower Contact and Collection Rules
This session discusses the recent changes in the regulations that govern borrower contact and collection rules in mortgage servicing. Panelists specifically address changes to the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), New York’s Foreclosure Abuse Prevention Act, and changes to the state Statutes of Limitations to collect. Experts also touch upon the recent trends in borrower communication preferences, methods for effective collection and engagement with borrowers, and how the integration of technology can assist in these efforts, while staying compliant. Sponsored by Cooley.
Speakers
Moderator
Brendan Kelleher is Associate Director of Loan Administration at the Mortgage Bankers Association (MBA) where he manages MBA’s legislative and regulatory strategy for residential loan administration and worked with federal housing regulators, investors, and guarantors to improve and streamline servicing requirements. Prior to joining MBA, Brendan worked at Rocket Central as Director, Public Policy overseeing external relations and mortgage policy advocacy. Before joining Rocket Central and MBA, Brendan began his career at Rocket Mortgage as the FHA Servicing Product Manager managing the implementation of FHA servicing policy.
Speakers
Lauren Campisi is a partner at Hinshaw & Culbertson LLP and is recognized as a national leader in the field of consumer financial services. She provides strategic, practical advice on federal and state law compliance matters, as well as federal and state enforcement actions and supervisory examinations and single-party and class action litigation. Her clients include national and state-chartered banks, national mortgage lenders and servicers, automotive and personal property finance companies, installment lenders, and online lenders. She has also helped clients navigate state lending and licensing laws, as well as state debt collection laws and regulations. She is the current Chair of the Louisiana Bankers Association Bank Counsel Committee.
Aaron is a partner in the Birmingham office of Bradley Arant Boult Cummings LLP and a member of the firm’s Banking and Financial Services Practice Group. He represents a number of financial services companies, including mortgage originators and servicers, student lenders, money transmitters, and banks. Although his background is in litigation, he has developed a significant level of experience with state and federal laws governing financial services companies and often assists his clients with compliance and licensing issues.
Anoush Garakani is a partner on Alston & Bird’s Consumer Financial Services Team. He advises on mortgage banking and consumer finance and concentrates on counseling clients on compliance with federal and state consumer financial protection laws and regulations. He is recognized in the 2021, 2022, and 2023 edition of The Best Lawyers in America© “Ones to Watch” for his work in Corporate Governance and Compliance Law.
Reid focuses on financial services litigation, representing clients across the country and serving as a leader in several national attorney organizations. With a practice concentrated on consumer finance, he primarily represents mortgage companies. Other clients include credit card companies, personal finance firms, automotive finance businesses, and debt collectors. He has defended clients in single plaintiff cases, as well as mass actions and class actions filed by consumers. He also handles general commercial litigation, intellectual property litigation, insurance coverage disputes, and repurchase or make-whole disputes. Reid is a Fellow in the American College of Mortgage Attorneys, which is comprised of lawyers from the U.S. and Canada who are highly skilled and experienced in the preparation of real estate mortgages, lending transactions secured by real estate, and related practices. He also is a Fellow in the American College of Consumer Financial Services Lawyers, where membership is limited to those who have achieved preeminence in the field of consumer law and who have made substantial contributions through teaching, lecturing, and public writings.
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