Welcome to the American Mortgage Law Group, P.C.

Greater San Francisco & Greater Los Angeles Areas

Mortgage Repurchase and Indemnification Defense & Workout

AMLG has managed thousands of cases where loans have been subject to buy-back demands. We understand the nuances of mortgage repurchases and deploy various strategies to efficiently and effectively dispute, rebut and settle the demands placed on our clients.

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AMLG advises and represents clients in all areas of mortgage related commercial litigation. Our dedicated team provides cost-effective litigation services on a variety of matters ranging from repurchase defense to contract disputes to fraud and more.

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Regulatory Compliance & Examinations

The AMLG team is experienced with the complex range of mortgage banking related laws and regulations. We constantly monitor for new developments and enforcement actions so that we may best serve and advise our clients.

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White Collar Defense

Our in-depth knowledge of the mortgage industry makes us the ideal legal representatives for clients such as lenders, brokers, loan officers and other industry professionals in both civil and criminal litigation and mitigation.

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Recent News

Court Ruling Provides Security for Lenders Around RESPA Section 8 Issues

Last week, the D.C. Circuit Court of Appeals issued its much-anticipated decision in PHH Corp. v. CFPB. The 100+ page decision offered thoughtful analysis on the myriad of issues at play in the matter, including the constitutionality of the CFPB’s single director structure. Perhaps the ruling with the greatest impact on the mortgage compliance industry though was the Court’s finding that the CFPB violated due process by retroactively enforcing an alternative interpretation of RESPA Section 8 which deviated from the long-standing interpretation set forth by HUD. As the Court summarized, “In its order in this case, the CFPB thus discarded HUD’s longstanding interpretation of Section 8 and, for the first time, pronounced its new interpretation. And then the CFPB applied its new interpretation of Section 8 retroactively against PHH, notwithstanding PHH’s reliance on HUD’s prior interpretation. The CFPB sanctioned PHH for previous actions that PHH had taken in reliance on HUD’s prior interpretation, even though PHH’s conduct had occurred before the CFPB’s new interpretation of Section 8.” (emphasis in original) The D.C. Circuit Court of Appeals found that not only did the CFPB violate “bedrock due process principles” by retroactively applying a new interpretation of the statute, but that the CFPB had also misinterpreted Section 8(c) of RESPA. The Court confirmed that Section 8(c) of RESPA indeed carves out a safe harbor for certain types of payments between settlement service providers and found the CFPB’s recent interpretation that it does not provide a “substantive exemption” to be “a facially nonsensical reading of Regulation X.” Specifically, the Court held that Sections 8(a) and 8(c) of RESPA as read together, “allow captive reinsurance... read more

AMLG Speaks Out Regarding CFPB Examinations

As the Consumer Financial Protection Bureau (CFPB) continues to issue new and revised rules and regulations affecting the mortgage industry, it is full-steam ahead for the CFPB as a regulator, including comprehensive supervisory examinations and enforcement actions. Recently, AMLG Managing Member James Brody spoke at the RESPRO Fall 2016 Seminar in Washington, DC on a panel entitled, “How to Ace Your CFPB Exam.” Specifically, Mr. Brody spoke about hot topics and areas of focus we see the CFPB and its examiners zeroing in on in upcoming examinations and provided attendees with numerous resources and best practices for preparing for such examinations. If you were unable to attend the Seminar, AMLG will be co-hosting a complimentary webinar on a similar topic later this month with The Community Mortgage Lenders of America (CMLA). To register for the free webinar entitled, “Preparing for a CFPB Examination: Critical Information for Mortgage Originators and Servicers,” please click here or see the full write up below.  Mr. Brody will also be presenting at the ACI’s 6th Mortgage Servicing Compliance Conference in Washington, DC on December 1, 2016, alongside the CFPB’s former Deputy Enforcement Director and former CFPB Senior Counsel for Policy and Strategy; together, they will be discussing a compliance checklist to help lenders and servicers better prepare for CFPB examinations. As a mortgage banking focused law firm, AMLG routinely provides counsel to its clients on CFPB regulations, official interpretations, examinations, and enforcement actions. Some of the services we provide to clients include interpreting various CFPB regulations and providing legal opinions around difficult to understand portions of Bureau rules; reviewing and updating clients’ QC Plans, policies... read more

CFPB Issues Official Approval Regarding HMDA Collection of Self-Identified Ethnicity and Race Prior to January 1, 2018

On September 23, 2016, the Consumer Financial Protection Bureau (CFPB) issued an official approval regarding the collection of self-identified ethnicity and race data prior to January 1, 2018. Starting January 1, 2018, the revised Home Mortgage Disclosure Act (HMDA) data collection and reporting requirements will require financial institutions to permit applicants to self-identify using disaggregated ethnic and racial categories. The timing of this requirement is meant to co-inside with the effective date of the revised and redesigned Uniform Residential Loan Application (2016 URLA). Previously, many in the industry raised the issue that in order to comply with the revised HMDA reporting requirements set to take effect on January 1, 2018, creditors may need to start collecting such data prior to the date set by the rule in order to account for loan applications taken at the end of one calendar year (2017), but where “action taken” is not until the beginning of the next calendar year (2018). Under a strict reading of the applicable rules and regulations, this raised a potential conflict regarding whether or not creditors could legally request self-identified ethnicity and race data from consumers prior to January 1, 2018. The Bureau’s official approval, released on September 23, 2016, stated that the collection of self-identified ethnicity and race during 2017 will not violate Regulation B § 1002.5, which provides rules concerning requests for information about race, color, religion, national origin, or sex. This official interpretation allows the creditor the option to collect such data prior to the effective date of January 1, 2018. The official approval also provides that for reporting purposes, if a final action is... read more

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