This article was updated 7.1.25 to reflect a business name change. A little more than 10 years ago, I had to decide where I wanted to attend law school. The usual considerations were at play (scholarships, school reputation, job prospects, etc.), but the choice for me came down to where I wanted to live for [...]
What does this mean under a Biden presidency? This is a follow-up to “The Future of the CFPB Is at Stake,” published in the Q2 2020 issue of Private Lender. On June 29, 2020, the Supreme Court of the United States handed down its highly anticipated decision in Seila Law vs. Consumer Financial Protection Bureau. [...]
The Supreme Court’s decision has the potential to heavily impact current lending practices. On March 3, 2020, the U.S. Supreme Court heard oral arguments in Seila Law LLC v. Consumer Financial Protection Bureau. The issue in this case is whether the structure of the Consumer Financial Protection Bureau (CFPB) violates Article II, Section 3 of [...]
New Jersey is but one state where challenges to private lending are occurring. AAPL’s Government Relations Committee (GRC) is constantly scanning nationwide legislation to review for current changes to the law that could affect private lenders. Once the GRC is aware of a potential issue facing our community, we serve as a voice to make [...]
Current bill aims to remove the long-standing business purpose exception from mortgage lender licensing In 2008, the United States Congress passed the Safe and Fair Enforcement for Mortgage Licensing Act (SAFE Act), which required all state regulators to regulate mortgage loan originators who originated consumer loans secured by 1-4-unit residential properties (“Dwellings”). The states were [...]
Non-bank and private lenders are beginning to dominate the mortgage landscape. The aftermath of the 2008 housing crisis shined a light on how bank lenders tried to walk a fine line funding and selling mortgages. Rather than taking the traditional route of funding loans with bank deposits, many banks used lines of credits or so-called [...]
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