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Small Servicer Mortgage Servicing Rules

 

Gain a better understanding of mortgage servicing rules that apply to small servicers.

Since the financial crisis of the late 2000s, mortgage servicers and the broader mortgage industry have been subjected to intense scrutiny in the form of regulatory enforcement and litigation. In response to issues discovered throughout the crisis, the federal government overhauled the mortgage servicing regulatory landscape when the Consumer Financial Protection Bureau (CFPB) enacted significant amendments to Regulations X and Z. The mortgage servicing rules cover numerous topics and strictly regulate nearly all aspects of a mortgage servicer's operations. These rules can be onerous, even for the largest companies. Recognizing this, the CFPB incorporated an exception to some of the more burdensome rules for entities that are considered to be small servicers. However, small servicers aren't exempt from all of the mortgage servicing rules. This presentation will help mortgage servicers understand who qualifies as a small servicer and will explain in detail the mortgage servicing rules that apply to small servicers. Even though smaller entities may have less risk exposure than the largest servicers, complying with the law is of the utmost importance to minimize and avoid potential litigation and enforcement risk.

Agenda

Faculty

Jonathan R. Kolodziej

Jonathan R. Kolodziej

Bradley

  • Partner, CFPB team co-leader
  • Practice focuses on regulatory compliance, examination, and enforcement matters
  • Represents all types of consumer financial service companies, with a large focus on mortgage servicing
  • Adjunct professor, University of Alabama School of Law, Real Property Security and teacher of Regulatory Compliance and Current Issues during the Mortgage Bankers Association’s School of Mortgage Banking I, II, and III courses
  • Regular speaker at various industry conferences, including the Mortgage Bankers Association’s Regulatory Compliance, Servicing Solutions, and Legal Issues conferences
  • Helped develop the Mortgage Bankers Association’s course material for the Certified Regulatory Compliance Manager (CRCM) designation and also reviews and updates most of the Mortgage Bankers Association’s education content regarding mortgage laws and regulations
  • Author of Interplay of the Cares Act’s Forbearance Framework and Regulation X’s Loss Mitigation Rules, The Conference on Consumer Finance Law Quarterly Report, Volume 75; co-author of Chapter 11: Debt Collection Practices in the publication of Consumer Finance Law: Understanding Consumer Financial Services Regulations, American Bar Association; co-author of the American Banker’s Association’s Reference Guide for Mortgage Servicing
  • Member of the Mortgage Bankers Association and the Alabama Bar Association
  • J.D. degree, University of Alabama School of Law; B.A. degree, Villanova University
  • Can be contacted at [email protected], 205-521-8235 (office), or 203-241-5922 (cell)

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