New Orleans, LAMarx Sterbcow, Managing Attorney of the Sterbcow Law Group, LLC, is returning as a featured speaker at the National REO Brokers Association (“NRBA“) Annual Education Conference, being held April 22–25, 2026, at the Green Valley Ranch Resort & Spa in Henderson, Nevada (Las Vegas area). 

At a Glance

Speaker Marx Sterbcow, Managing Attorney, Sterbcow Law Group, LLC
Session The State of the Real Estate Brokerage Industry: A 2026 Legal, Regulatory, and Market Outlook
Date & Time Thursday, April 23, 2026 — 10:00 AM to 11:15 AM PDT
Room Estancia DEFG General Session Ballroom
Event 2026 NRBA Annual Education Conference
Dates April 22–25, 2026
Venue Green Valley Ranch Resort & Spa, Henderson, Nevada
Audience NRBA member brokers, asset managers, servicers, and invited default-industry clients

The NRBA’s private Annual Conference is widely regarded as the most sought-after event in the REO industry, drawing asset managers, servicers, vendor managers, and executives from the nation’s leading default-servicing firms. This year’s conference runs Wednesday through Saturday at Green Valley Ranch, and early bird registration closed on January 15, 2026.

Session Details — Thursday, April 23 at 10:00 AM

Mr. Sterbcow’s general session — “The State of the Real Estate Brokerage Industry: A 2026 Legal, Regulatory, and Market Outlook” — is scheduled for Thursday, April 23, 2026, from 10:00 AM to 11:15 AM in the Estancia DEFG ballroom, immediately following the conference’s Opening Remarks and Market Overview. Drawing on his practice at the intersection of federal regulation, state enforcement, industry litigation, and transactional advisory work, the session will provide attendees with a comprehensive briefing on where the real estate brokerage industry stands today and where it is headed over the next twelve to twenty-four months.

Topics to Be Covered

Mr. Sterbcow’s presentation will move from the macro forces reshaping the brokerage business down to the compliance and litigation realities that REO professionals will face in the year ahead — beginning with the commission-structure overhaul and industry consolidation story, moving through federal regulatory priorities under a shifting CFPB, and closing with state-level enforcement and litigation trends. Topics include:

  • NAR Settlement aftermath and its practical implications for REO listing brokers, buyer-broker compensation, and cooperating agent agreements
  • DOJ involvement in real estate commission rules and the antitrust exposure facing private trade groups, MLSs, and brokerages — including whether trade associations can continue to shield brokers from antitrust liability
  • Industry consolidation, including the regulatory and MLS-governance implications of the Compass–Anywhere merger and the market-control questions raised by a combined entity
  • CFPB regulatory outlook under the current administration, including the Bureau’s shifting enforcement priorities and the operational questions that shift creates for regulated parties
  • RESPA enforcement trends and high-risk compliance issues in 2026, including recurring Section 8 pitfalls identified through recent federal and state examinations
  • State Attorney General enforcement against affiliated business arrangements (“AfBAs”) and marketing services agreements (“MSAs”), with a focus on how several states’ AGs are reshaping the compliant-AfBA analysis under RESPA Section 8(c)(4)
  • Litigation and risk-management lessons from recent federal and state RESPA cases, with takeaways for brokerages, title agencies, and lenders operating joint ventures

About the NRBA Annual Conference

The NRBA Annual Conference is a members-only event that brings together the nation’s top-producing REO brokers with the clients and asset managers who directly assign listings. Last year’s event hosted more than 40 clients from over 30 firms, and the 2026 event is expected to exceed that. Due to overwhelming demand, the Green Valley Ranch room block sold out in advance, and the NRBA has arranged overflow accommodations at the nearby Aloft hotel.

Frequently Asked Questions

When is the 2026 NRBA Annual Education Conference? The 2026 NRBA Annual Education Conference is being held April 22–25, 2026, running Wednesday through Saturday.

Where is the 2026 NRBA conference being held? The conference is at the Green Valley Ranch Resort & Spa in Henderson, Nevada, in the Las Vegas metropolitan area. Overflow accommodations are available at the nearby Aloft hotel.

When is Marx Sterbcow speaking at the 2026 NRBA conference? Mr. Sterbcow’s session is scheduled for Thursday, April 23, 2026, from 10:00 AM to 11:15 AM Pacific Time in the Estancia DEFG general session ballroom.

What is Marx Sterbcow’s 2026 NRBA session about? The session, titled “The State of the Real Estate Brokerage Industry: A 2026 Legal, Regulatory, and Market Outlook,” will provide a comprehensive briefing on the legal, regulatory, and structural forces shaping the real estate brokerage industry, including the NAR Settlement aftermath, DOJ antitrust activity, the Compass–Anywhere merger, the CFPB’s shifting enforcement priorities, RESPA compliance risks, state Attorney General enforcement of affiliated business arrangements and marketing services agreements, and key litigation trends.

Who should attend the session? The session is designed for REO listing brokers, cooperating agents, asset managers, servicers, vendor managers, title agency operators, lenders operating joint ventures, and any default-industry professional whose business is affected by federal and state real estate regulation.

Is the NRBA conference open to the public? No. The NRBA Annual Conference is a private, members-only event. For information on NRBA membership, visit nrba.com.

About Marx Sterbcow

Marx Sterbcow is the Managing Attorney of the Sterbcow Law Group, LLC. He counsels real estate brokerages, title insurance agencies, mortgage lenders, banks, and joint venture operators on the regulatory, transactional, and strategic questions that shape the real estate industry — from the structuring and compliance of affiliated business arrangements and marketing services agreements, to federal and state enforcement matters, to the legal and market implications of industry consolidation. His practice regularly places him at the intersection of RESPA, CFPB, fair lending, state Attorney General, and antitrust developments that redefine how brokerages and settlement service providers operate.

Notable Representations

Mr. Sterbcow has served as counsel or participated with the legal teams in significant federal and state regulatory enforcement matters affecting the real estate settlement industry, as well as in complex commercial and antitrust litigation. Representative matters include:

  • CFPB v. Townstone Financial, Inc. and Barry Sturner (N.D. Ill., No. 1:20-cv-04176) — Co-counsel for Townstone Financial and its founder in the Consumer Financial Protection Bureau’s first-of-its-kind redlining and Equal Credit Opportunity Act enforcement action, a matter that proceeded through the U.S. Court of Appeals for the Seventh Circuit and the federal district court’s 2025 ruling on the joint motion to vacate the stipulated final judgment. The CFPB’s decision to join Townstone in seeking vacatur of its own settlement was widely reported as unprecedented in the Bureau’s history.
  • CFPB v. Rocket Homes Real Estate, JMG Holding Partners (The Jason Mitchell Group), and Jason Mitchell (E.D. Mich., No. 2:24-cv-13442) — Counsel to The Jason Mitchell Group in connection with the CFPB’s December 2024 RESPA Section 8 enforcement action, which the CFPB voluntarily dismissed with prejudice in February 2025, and in related regulatory matters.
  • In re Meridian Title Corporation (CFPB Administrative Consent Order, 2017) — Lead member of the legal team representing Meridian Title in connection with the Consumer Financial Protection Bureau’s RESPA Section 8 enforcement action addressing affiliated business arrangement disclosures.
  • District of Columbia Office of the Attorney General v. Universal Title (D.C. OAG, 2024) — Lead and sole counsel for Universal Title in the District of Columbia Attorney General’s enforcement action involving title insurance joint ventures under D.C. Code § 31-5031.15.
  • CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc., et al. (La. 19th Jud. Dist. Ct., No. 582,741; La. 1st Cir. Ct. App.; M.D. La.) — Co-counsel for plaintiff CamSoft Data Systems, Inc. in a long-running commercial and antitrust action arising from the New Orleans Crime Camera Project and subsequent wireless surveillance technology sales, asserting claims under the Louisiana Antitrust Act (La. R.S. 51:122 et seq.) and related state-law theories against defendants including Dell, Inc., Ciber, Inc., and MMR Constructors, Inc.

Speaking, Publications, and Industry Leadership

Mr. Sterbcow is a frequent keynote speaker and panelist at national industry events, including the Real Estate Services Providers Council (RESPRO) Annual Conference, the National Settlement Services Summit (NS3), the American Land Title Association (ALTA) Large Agent Conference, the Texas Land Title Institute, and the NRBA Annual Conference. He has been recognized as a Super Lawyer and is a former President of the Louisiana Land Title Association. His commentary on RESPA, CFPB, real estate regulatory, and industry matters is regularly featured in RESPA News, HousingWire, National Mortgage News, American Banker, and other leading industry publications. Follow his ongoing analysis at the RESPA Lawyer Blog.

Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. The representations described above reflect publicly available court filings, agency orders, and published reporting.

Connect With Us at the Conference

If you will be attending the NRBA conference, the Sterbcow Law Group team would be glad to connect. Please reach out in advance to schedule a meeting, and stay tuned to the RESPA Lawyer Blog for post-conference highlights and key takeaways on the issues discussed.

For more information about the NRBA conference, visit nrba.com. To learn more about the Sterbcow Law Group’s RESPA, CFPB, and affiliated business arrangement compliance services, visit respaattorneys.com or call 877-854-2182.

Marx Sterbcow will be presenting on Thursday, December 7, 2023, at The 33rd Annual Robert C. Sneed Texas Land Title Insitute Conference in San Antonio, Texas at the Hyatt Regency Hill Country.  The session at the Texas Land Title Association‘s annual event will discuss the Real Estate Settlement Procedures Act “RESPA” and affiliated business arrangements.

To register for this event please click here.

The Sterbcow Law Group’s Marx Sterbcow will be speaking at RESPRO’s 2023 Fall Conference on September 12, 2023, in Bachelor Gulp, Colorado at the Ritz-Carlton Hotel.  Marx will be presenting two different sessions.  The first topic “State Attorney Generals Have Declared War Against Illegal Affiliated Business Arrangements” with RESPRO President & Executive Director Ken Trepeta will discuss what the state attorney generals are analyzing to see whether a title or mortgage affiliated business arrangement is properly structured and operating legally.  They will discuss areas of compliance which some may overlook until they receive a subpoena from a government agency.  The second session will be a “Fair Lending Update” with Richard Andreano, who is a Partner at Ballard Spahr, LLP in Washington D.C.  This session will discuss the continued focus of regulators and elected officials on fair lending in the mortgage space, including redlining (both traditional and digital), appraisal bias, reconsiderations of value, and automated valuation models.”

 

Click here for more information.

The FDIC examiners identified significant consumer compliance issues during its supervisory activities in 2022 according to its March 2023 issue.  The Spring 2021 issue of the Consumer Compliance Supervisory Highlights discussed Real Estate Settlement Procedures Act “RESPA” Section 8(a) violations and the difference between paying for a lead (which is generally acceptable) and paying for a referral (which is prohibited).  True leads permissible under RESPA are often lists of customer contacts that are not conditioned on the number of closed transactions resulting from the leads, or any other consideration, such as endorsement of the settlement service. While a service may be characterized as a lead generation service, the activity could actually be a referral arrangement depending on the facts and circumstances. If the payment for the lead is in exchange for activity directed to a person that has the effect of affirmatively influencing the consumer to select a particular lender, then it becomes a referral fee. Banks often contract with third parties to provide what are characterized as lead generation services, but in some cases, the FDIC has found that the banks are actually paying for referrals.  While the FDIC Supervisory Highlights demonstrate what banking regulators are looking at, it provides a good roadmap for other settlement service providers who are engaging in these types of marketing efforts.

Findings

In 2022, the FDIC identified RESPA Section 8(a) violations where a bank contracted with third parties that took steps to identify and contact consumers in order to directly steer and affirmatively influence the consumer’s selection of the bank as the settlement service provider. In some cases, this process involved the third party calling identified consumers and directly connecting and introducing them to a specific mortgage representative on the phone. This process is often referred to as a “warm transfer.” In other cases, the process involved operation of a digital platform that purported to rank lender options based on neutral criteria but where the participating lenders merely rotated in the top spot. Although each case is fact specific, indicators of risk in these arrangements include a third party that does one or more of the following activities:

Marx Sterbcow, Managing Attorney of the Sterbcow Law Group, is speaking at RESPRO‘s 30th Annual Conference at the Ritz Carlton Resort in Lake Tahoe on May 23, 2023.  The topic “The Evolving AfBA Model–Compliantly Transforming Fixed Costs Into Variable Expenses In An Uncertain Market” will discuss how this challenging real estate market is driving title insurance agents and business owners to adapt, and transforming fixed costs into variable costs, especially in a volatile environment, is at the top of almost every operator’s “to-do” list. This session will examine the evolution of the traditional JV and ABA business model in the face of the existing down cycle. Panelists will discuss how successful JV operators are not only transitioning their expenses into variable costs, but doing so compliantly. The panel will consider such things as offering back office support for JVs while staying on the right side of the “core services” consideration. Attendees will hear not only about compliance strategies for the evolving JV models, but practical, operational considerations as well.  Mr. Sterbcow will be joined with Mike Larosa (Chief Operating Officer for the Florida Agency Network), Aaron Davis (CEO of ClosingSuite.com), and moderated by Chuck Cain (SVP of National Agency Division at FNF).

Marx Sterbcow, Managing Attorney of the Sterbcow Law Group, is speaking at the Southeast Land Title Association‘s Mid-Year Conference in Birmingham, Alabama on Monday, April 24th at the Ross Bridge Resort & Spa.  Mr. Sterbcow will speak on CFPB and RESPA compliance matters including an in-depth discussion on how to properly set up and operate Affiliated Business Arrangements so you comply with federal and state RESPA regulations.

Marx Sterbcow, the managing attorney, for the Sterbcow Law Group, LLC will be the keynote speaker at Doma Title Insurance’s 2023 Mid-South Agent Conference on March 7, 2023 at the Sonesta Nashville, Airport in Nashville, Tennessee.  Mr. Sterbcow’s presentation: “RESPA: A Primer for Title Agents” will focus on RESPA Compliance for affiliated business arrangements, marketing services agreements, and give an outlook on the Consumer Financial Protection Bureau.

 

The Federal Housing Administration “FHA” published Mortgage Letter (ML) 2022-22 on December 15, 2022, which provides new clarifications on its Conflicts of Interest Policy and Dual Employment Policy for most Title II Single Family FHA-Insured Mortgage Transactions.

The new Mortgage Letter revisions have taken a dramatic change in that FHA Policy now permits individuals who do not have a “direct impact on the mortgage approval decision” to have various compensated positions for services performed and allowed by the Department of Housing and Urban Development “HUD”, provided that the transaction complies with all applicable federal, state, and local laws, rules, and requirements.

The 2022-22 Mortgage Letter now consolidates various conflicts of interest and dual employment subsections in the Single-Family Housing Policy Handbook 4000.1 into one subsection and provides clarification on FHA policy regarding prohibited conflicts of interest by individuals that directly impact the mortgage approval decision and permitted dual employment for other individuals who perform services in a single FHA-insured transaction.  FHA believes the policy consolidation and clarification will help facilitate an easier understanding of existing FHA requirements given feedback from the real estate industry and from confusion internally at FHA with how to apply the past Policy.

October Research’s RESPA News has invited Marx Sterbcow, with the Sterbcow Law Group, and Francis ‘Trip’ Riley, with Saul Ewing, to speak on its next webinar series.  The Webinar will be held on December 14, 2022 at 2:00 PM EST.   The webinar will be moderated by RESPA News editor Elizabeth Childers.  The webinar will discuss the 5th Circuit Court of Appeals ruling on the CFPB’s funding structure and will address questions the real estate industry has been asking such as: What does this mean? Are the CFPB actions still valid? How should I react?  Trip Riley and I will answer those questions and more.

Register today and get clarification on what this ruling means for the industry.

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