As we have addressed on this blog, home equity investment (HEI) products, such as shared appreciation mortgages and home equity agreements, have come under recent scrutiny from regulators and industry groups. The crux of the debate is whether these products should fall under existing regulatory regimes for mortgage loans or require entirely new
On April 13, 2026, Maine enacted new laws (L.D. 1901) that are intended to have an immediate and retroactive impact on the origination and servicing of shared appreciation mortgage loans secured by residential real estate located in Maine.
According to the Coalition for Home Equity Partnership (CHEP), which represents the shared equity industry
In Florida’s 2026 legislative session, both chambers will consider bills that would impose strict requirements for caller identification on businesses. The bills target both telecommunications companies and the callers. While the legislation is presumably meant to target telephone scams and robocalls, its broad blocking mandates and authentication requirements would impact any company that places calls
New York has taken a significant step toward reshaping its consumer and market-protection framework with the enactment of the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act. The newly signed law amends Article 22-A of the General Business Law, expanding the scope of conduct prohibited under GBL § 349 and clarifying how
On September 22, 2025, California Gov. Gavin Newsom signed the Mortgage Forbearance Act into law, with an immediate effective date. The law, designed to provide emergency relief to California mortgage loan borrowers impacted by the various wildfires that occurred earlier in 2025, is in many ways reminiscent of the CARES Act forbearance framework from 2020.
On June 30, 2025, California Gov. Gavin Newsom signed a large “budget trailer” bill that will have significant consequences on the mortgage industry. In relevant part, the new law addresses foreclosures on so-called zombie second mortgages. And while some regulation in this space may be warranted to ensure best practices, California’s new rule may
After years of denying review, the New York Court of Appeals — the state’s highest court — agreed to address the question of whether New York’s momentous Foreclosure Abuse Prevention Act (FAPA) applies retroactively. On May 20, 2025, the New York Court of Appeals accepted review of two (2) cases that present challenges to Section
Starting July 1, 2025, Idaho will subject financial institutions with total assets over a certain threshold to new restrictions under the Transparency in Financial Services Act. The law follows a growing trend among states seeking to ensure fair access to banking and prevent financial denials based on political, religious, or ideological factors — often known
The start of the second Trump administration is fast approaching, and it raises prospects of a renewed push for federal-level fair access to banking requirements. The first Trump administration came close to enacting such a regulation in its last weeks, but the rule was halted by the Biden administration. The financial services industry should not
On July 1, 2024, banks and other financial institutions doing business in Florida will be required to comply with new rules designed to ensure fair access to banking and prevent politically or ideologically motivated denial of services. While Florida-licensed and chartered banks have been subject to some of these rules since the enaction of the