Affordable Housing

FHA Updates Single Family Policy Handbook 4000.1Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial HarassmentFHA Clarifies That DACA Classified Residents Are Permitted to Apply for FHA-Insured Mortgages

Automobile Finance

CFPB’s Release Highlights “Unlawful Auto Repossessions” and Failures to Conduct Reasonable Investigations on Disputed DebtsFTC Updates CFPB on Action in the Fair Lending SpaceCFPB States Intent to Scrutinize Auto Lender Repossession Practices

Banking

The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkBanking Regulators Publish Proposed Rule to Update Community Reinvestment Act RegulationsState Bank Regulations Become New Front in the Fossil Fuel Wars

Bankruptcy

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter VBradley’s Bankruptcy Basics: Automatic Stay and Discharge Injunction ViolationsBradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for Bankruptcy

CFPB

CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”CFPB Provides New Guidance on Discrimination in Algorithmic Credit DecisionsBanking Regulators Publish Proposed Rule to Update Community Reinvestment Act Regulations

Commercial Lending

The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkFourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter VFirst DOJ Enforcement Action Against PPP Lender Presages Increased Government Scrutiny of Bank and Non-Bank PPP Lenders

Compliance

CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkCFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions

COVID-19 (Coronavirus)

First DOJ Enforcement Action Against PPP Lender Presages Increased Government Scrutiny of Bank and Non-Bank PPP LendersCFPB States Intent to Scrutinize Auto Lender Repossession PracticesCFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations

Debt Collection

“This Is an Attempt to Collect a Debt” May Mean What It Says: The Eleventh Circuit’s Recent Decision in Daniels v. Select Portfolio Servicing, Inc.CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V

Education Finance

Old Myths Die Hard: District Court Reverses Bankruptcy Court’s Discharge of Student Loan Debt Under BrunnerSecond Circuit Follows Other Recent Circuit Opinions Re: Private Student Loan DischargeMississippi Joins the Anti-Preemption Parade

Federal Agencies

FTC Updates CFPB on Action in the Fair Lending SpaceAgencies’ Joint Statement on Supervisory and Enforcement Practices Forecasts Increased Scrutiny and Regulatory ActivityThe CFPB Director Expresses Concern About Section 1071 Regulatory Burdens on Small Banks

Foreclosure

Bradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower LitigationFlorida Homestead Exemption Applies Only to U.S. Citizens and Permanent Residents

Litigation Developments

A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product ProtectionsSouth Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower LitigationDoes the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

Mortgage Servicing

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter VGeorgia Passes Historic Mortgage Licensing LawCFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations

Secured Creditors

Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter VBradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for BankruptcyBradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?

State Law Developments

The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkGeorgia Passes Historic Mortgage Licensing LawState Bank Regulations Become New Front in the Fossil Fuel Wars