Articles Posted in RESPA JOINT VENTURES

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.

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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.”

 

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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.

Marx Sterbcow, the Managing Attorney at the Sterbcow Law Group, will be speaking at the National Settlement Services Summit in Orlando, Florida with Kris Kully, Partner at Mayer Brown, along with moderator Tracey Read, Editor of RESPA News.  The session “RESPA Step by Step” will discuss the step-by-step process of how to properly structure affiliated business arrangements from start to finish.  The presentation will talk about the important issues in the operating agreement to operation compliance concerns to what the CFPB and state regulators want and don’t want when they are looking at these types of arrangements.  The presentation is from 11:20-12:10 AM in the International Ballroom.  NS3 is considered the premier annual conference in the real estate settlement services industry.  The conference is being held at the Omni Orlando Resort at Champions Gate.

The Managing Attorney for the Sterbcow Law Group, Marx Sterbcow, is presenting at the Minnesota Land Title Association‘s 2022 Spring Seminar at the Minneapolis Marriot Northwest.  The presentation will discuss Affiliated Business Arrangement compliance, Marketing Service Agreement & Advertising Services Agreements, and provide an update on where enforcement at the Consumer Financial Protection Bureau is headed.  The session will take place from 10:15 to 11:15.

Marx Sterbcow will provide a RESPA Compliance and CFPB Update at the Minnesota Land Title Association “MLTA” 2020 Spring Conference at the Marriott Minneapolis Northwest hotel on Monday, April 6, 2020 from 10:15 to 11:15 AM.  The session will first focus on the “Do’s and Don’ts of the Real Estate Settlement Procedures Act (RESPA)” covering such topics as marketing services agreements, affiliated business arrangements, real estate lead generation program compliance, referrals and gifts.  The second part of the presentation will discuss the latest in Consumer Financial Protection Bureau “CFPB” enforcement trends and outlook for the coming year.

Sterbcow Law Group’s Managing Attorney, Marx David Sterbcow, will speak at the 2020 27th Annual Real Estate Services Providers Council, Inc. “RESPRO” Conference in Phoenix, Arizona on April 24, 2020.  The RESPRO27 will be held at the Tempe Marriott at the Buttes.  The presentation “Top Down Affiliated Business Arrangement “AfBA” Compliance Demands:  The Impact of Principal and Client Compliance Demands on AfBAs and Other Recent Developments” will focus on the rapidly changing terrain of AfBA compliance demands originating from sources other than the government and the practical ramifications for adopting some of these demands into your affiliated business.

The seminar will discuss the benefits of having third parties Audit your affiliated business for Real Estate Settlement Procedure Act “RESPA” compliance based on new and evolving compliance expectations from banks, non-bank lenders, title insurance underwriters, and government regulators.  Joining Marx will be Trip Riley with Saul Weing, Arnstein & Lehr and Charles Cain with WFG National Title.

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