Questions have popped up in the wake of the Supreme Court’s ruling that RESPA Section 8(b) does not prohibit a service provider from marking up a fee as long as it is not shared with another party. The Court’s decision in Freeman, et al. v. Quicken Loans, Inc. was a defeat for both HUD and the CFPB. Specifically, the justices rejected HUD’s position that RESPA prohibits all unearned fees, regardless of whether the fees were divided between two or more parties.
But the issue of fee mark-ups is far from settled and questions remain about whether limits may be imposed either by state laws or by new federal regulations. In this webinar, we will explore how Freeman has framed the issue and the developments we’re likely to see in the coming months.
- The extent to which state law prohibits and limits fee mark-ups, and any impact on state-chartered and licensed entities, national banks, and federal thrifts
- Whether the CFPB has the power to prohibit or limit fee mark-ups under its authority to proscribe “unfair, deceptive and abusive” acts or practices
- The implications for other positions taken by the CFPB, including its position about “disparate impact” under the Fair Housing Act and ECOA
12:00 PM - 1:00 PM ET | Webinar
Alan S. Kaplinsky, Practice Leader, Consumer Financial Services Group
Richard J. Andreano, Jr., Practice Leader, Mortgage Banking Group
Martin C. Bryce, Jr., Partner, Mortgage Banking Group
Christopher J. Willis, Partner, Mortgage Banking Group
There is no cost to attend. This program is not eligible for continuing education credits. Please register at least two days before the webinar. Login details will be sent to all registrants. For more information, contact Shellee Buchanan at firstname.lastname@example.org.