- Counseling clients on compliance with state and federal laws affecting lending and servicing activities, including the Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Home Mortgage Disclosure Act (HMDA), Consumer Financial Protection Act (CFPA), Servicemembers Civil Relief Act (SCRA), and Fair Debt Collection Practices Act (FDCPA).
- Conducting enterprise-wide Consumer Financial Protection Bureau (CFPB) readiness reviews (aka mock exams) of a company’s business lines, operations, and products to assess the level of potential risks to consumers and evaluate a company’s compliance management program.
- Responded to examiners, investors, congressional inquiries, and attorneys general on behalf of residential mortgage servicers in response to the COVID-19 pandemic.
- Representing nonbank lenders in investigations and enforcement actions by the Department of Justice, CFPB, Department of Housing and Urban Development and state regulators relating to discrimination.
- Representing numerous banks and nonbanks in CFPB examinations and defending administrative enforcement actions (including state government audits, single- or multistate examinations, PARR and NORA submissions, and investigations) relating to mortgage origination, HMDA reporting accuracy, mortgage servicing, installment lender, early wage access and appraisal and valuation issues, and assisting in litigation involving regulatory compliance issues.
- Advising on compliance with federal and state valuation laws, including appraisal independence requirements under TILA, Interagency Appraisal and Evaluation Guidelines, Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), Fannie Mae and Freddie Mac Appraisal Independence Requirements, ECOA and state appraisal management company (AMC) laws, appraiser laws, and real estate broker laws.
- Working with state regulators to obtain approvals, licenses, or regulatory guidance.
- Counseling clients on compliance with regulations and guidelines governing the servicing industry, with a focus on the implementation of the CFPB’s servicing standards.
- Counseling clients on fair-lending compliance and conducting annual fair-lending reviews.
- Reporting on state and federal foreclosures and loss-mitigation requirements.
- Advising financial institutions on the pre- and post-Dodd–Frank Act rules of federal preemption of state consumer finance laws and surveying applicable state-law requirements.
- Analyzing and providing regulatory counseling, memoranda, opinions and surveys, and fee charts on applicable laws across 50 states impacting the origination, servicing, and sale of mortgage loans and consumer loan products.
- Advising secondary mortgage market participants on legal liability arising from federal and state anti-predatory and other abusive lending laws and defending state examination and enforcement actions.
- Advised on interplay between the federal Coronavirus Aid, Relief, and Economic Stability (CARES) Act’s forbearance protections and the protections afforded active duty servicemembers under the California Military and Veterans Code.
パートナー,
Co-chair of Financial Services Group
- Phone: +1 202 239 3189
- Email: nanci.weissgold@alston.com
A Fellow of the American College of Consumer Financial Services Lawyers, Nanci maintains a national regulatory compliance and enforcement practice representing consumer financial products and services providers on federal, state, and agency requirements that govern mortgage lending, mortgage servicing, and valuation.