Assisted multiple national and regional mortgage servicers during CFPB Mortgage Servicing and Origination Examinations. Notable tasks included conducting a full risk assessment and early remediation of identified issues, compiling the documentation necessary to respond to the CFPB’s initial request for information, responding to requests for additional information, developing a remediation strategy for issues identified during the course of the examination, and responding to PARR and supervisory letters.
Conducted an extensive investigation of a national bank’s policies and procedures regarding compliance with the FHA requirements to conduct face-to-face interviews with delinquent borrowers prior to foreclosure and worked with the bank to remedy any identified issues from a process perspective, litigation perspective and a remediation perspective.
Retained to provide extensive 50-state research and analysis concerning state mortgage laws, non-mortgage consumer lending laws, and deposit laws to assist client in its transition from a federal savings bank to a state-chartered bank.
Advised some of the nation’s top mortgage servicers regarding a myriad of regulatory compliance issues related to COVID-19 federal and state laws, as well as guidance on the CARES Act, forbearances, deferrals, foreclosure and eviction moratoriums, credit reporting obligations, and other related topics. Assisted clients in responding to regulators’ inquiries regarding implementation of the CARES Act forbearance program and other COVID-19 mortgage servicing issues.
Engaged in an extensive review of a client’s policies, procedures, and processes to assess compliance in the area of loss mitigation following both examinations by regulators and the client’s own internal audits. Work included identifying all gaps and creating a completely revamped loss mitigation process for the client, drafting or editing the client’s policies, procedures, and form notices and routinely meeting with the client’s management team to advise the client on the new processes.
Retained to conduct a significant, top-to-bottom mock audit/review of a large bank’s Compliance Management System for compliance with applicable Federal law and CFPB expectations. Provided significant feedback and worked with the bank to resolve certain issues.
Served as outside counsel in response to significant regulatory findings and threatened enforcement activity from the CFPB. Work included performing a substantial review and analysis of the client’s applicable policies, procedures, and practices and formulating the strategy for handling the matter in its entirety; drafting a comprehensive response to the CFPB’s findings; and refuting the CFPB’s allegations and arguing that no further activity from the CFPB is warranted.
Assisted in drafting an action plan in response to a significant, high-stakes OCC Consent Order that required completion of certain enhancements to Information Technology, Internal Controls, and Default Operations departments. Worked to implement corrective actions and validate that corrective actions were completed appropriately.
Undertook initiative to help mortgage servicers comply with the CFPB’s obligations related to successors in interest. Conducted extensive state law research to build matrix to help mortgage servicers comply with the laws of the relevant jurisdictions, and then provided clients with easy-to-use tool to quickly and efficiently determine what documents are reasonable to request of a potential successor in a given scenario.
Developed for multiple large mortgage companies a COVID-19 “Playbook” based on a comprehensive review and assessment of mortgage servicing COVID-19 related policies, procedures, and practices. The COVID-19 Playbook aimed to: (1) document key policies, practices and decisions related to COVID-19 compliance in the mortgage servicing space; (2) analyze those practices for compliance with applicable federal and state laws and investor guidelines and identify potential pain points; and (3) provide a roadmap for defending future litigation and supervisory/enforcement matters related to same.