Consumer Finance

We advise financial institutions on state and federal regulatory compliance for their mortgage, home equity, auto, student loan, credit sale and other consumer lending programs. Specific areas where we assist our clients include:

  • Dodd-Frank compliance
  • New rules and interpretations from the CFPB
  • Regulation Z and the Truth-in-Lending Act
  • Regulation B and the Equal Credit Opportunity Act
  • Regulation X and the Real Estate Settlement Procedures Act
  • Regulation C and the Home Mortgage Disclosure Act
  • Regulation M and the Consumer Leasing Act
  • Regulation BB and the Community Reinvestment Act
  • Regulation P and related federal and state privacy requirements
  • Mortgage, student loan and other servicing regulations
  • Servicemembers Civil Relief Act
  • Regulation DD and the Truth-in-Savings Act
  • Regulation CC and the Expedited Funds Availability Act
  • Regulation E and the Electronic Fund Transfer Act
  • ACH transactions
  • FDIC, OCC, FRB regulations
  • The Fair Credit Reporting Act
  • The Fair Debt Collection Practices Act and state debt collection laws
  • SAFE Act and state licensing and registration requirements
  • Loan officer compensation regulations
  • Mergers and acquisitions
  • Student lending
  • Portfolio and company due diligence
  • Portfolio sales
  • Buy-sell and correspondent agreements
  • Federal and state interest rate and usury law
  • Government and private student loan requirements
  • Escheat and abandoned property laws
  • FTC Act and state unfair trade practice laws
  • Bank and operating subsidiary preemption
  • FHA, Ginnie Mae, Fannie Mae and Freddie Mac programs
  • Fannie/Freddie Home Valuation Code of Conduct and state appraisal regulations
  • Holding company and multi-state banking and lending problems
  • State and federal subprime, “predatory” and related lending laws
  • USA PATRIOT Act, Bank Secrecy Act and related anti-money laundering laws

On behalf of our clients, we evaluate, structure and document consumer credit products and services. These include first and second mortgage loans, home equity credit arrangements, credit card and revolving loans, consumer leases, personal installment loans, student loans, retail lending, motor vehicle and other retail installment sale programs.

We represent clients before federal and state regulators, including the CFPB, HUD and FTC, as well as federal and state banking agencies and other regulatory bodies.