Articles Posted in Unfair Deceptive or Abusive Act or Practices Act UDAAP

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New Orleans, LA — Marx 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.

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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.

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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:

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Marx Sterbcow, Managing Attorney of the Sterbcow Law Group, will be presenting at The National REO Brokers Association‘s (“NRBA”) Business Development Seminar in Orlando, Florida on October, 7, 2022.  The topic of the session will be “You are a CFPB target!  Regulation, Liabilities & Politics” which will focus on the impact of the Consumer Financial Protection Bureau’s lawsuit against Townstone Financial and how the CFPB’s regulation by political enforcement is now taking aim at the real estate brokerage and title insurance industries.    The Seminar is at the Lowe’s Portofino Hotel at Universal Studios.

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Consumer Financial Protection Bureau Sues a Chicago Mortgage Company Alleging “Redlining” Violations Based on Political Speech and Social Commentary Broadcast on Conservative Radio Station

The Consumer Financial Protection Bureau (“CFPB”), the controversial brainchild of Senator Elizabeth Warren, filed suit in Chicago yesterday against Townstone Financial, a small mortgage company, charging “redlining” violations based on political speech and social commentary broadcast on a conservative radio station.  The Complaint alleges that statements made about crime in Chicago and support for police discouraged African-Americans from applying to their company and that the fact that their weekly radio show was broadcast on a conservative talk radio station discriminated against African-Americans.

James Bopp, Jr. of The Bopp Law Firm of Terre Haute, Indiana and co-counsel for Townstone, said that “The CFPB is using this case to drive all banking and mortgage companies away from advertising on conservative talk radio and to punish mainstream conservative political speech and social commentary.  The CFPB has long been controversial and just lost a case in the United States Supreme Court for being improperly structured.  They have been waiting years to file a case on the eve of a Presidential election to damage conservative voices.  This is another federal agency weaponized to attack conservatives that needs to be stopped.”

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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.

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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.

For more information on RESPRO27

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Marx Sterbcow with the Sterbcow Law Group’s RESPA Law Resource Center has been invited to speak at the Real Estate Settlement Providers Organization’s “RESPRO” 26th Annual Conference in New Orleans, Louisiana on March 27, 2019 at 8:45 AM at the Ritz Carlton Hotel’s Carrollton Ballroom.  The presentation “Whither the CFPB: State Unfair Deceptive Abusive Acts Practices, Regulatory and Private Sector Compliance Issues, Activities and Requirements” will review the most recent federal and state mortgage, title insurance, and real estate brokerage regulatory actions.”  The session will discuss how the Consumer Financial Protection Bureau and various state mortgage and title insurance regulatory agencies are interpreting UDAAP/RESPA.  The session will also discuss what compliance expectations the CFPB’s Enforcement division will have when a company is under investigation and the general outlook of what is going on or not going on at the CFPB.  The presentation will hit on issues involving private sector mortgage lending compliance involving Affiliated Business Arrangements and those how those expectations extend to class action mitigation risks.

Charles “Chuck” Cain from Cincinnati, Ohio (Executive Vice President Agency at WFG and Of Counsel to the Sterbcow Law Group) and Francis “Trip” Riley from Princeton, New Jersey (Partner with Saul Ewing Arnstein & Lehr, LLP) will co-present with Mr. Sterbcow in this session.

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Marx Sterbcow, the Managing Attorney for the Sterbcow Law Group LLC, has been invited to speak at the 2018 RESPRO 25th Annual Conference in Phoenix, Arizona.  The session titled “CFPB Enforcement and Technology Monitoring Expectations for Affiliated Business Arrangements” is scheduled for 9:00-10:00 AM on April 11, 2018.  This presentation will discusses how a new technology oversight compliance software reporting tool helps RESPA governed Affiliated Businesses Arrangements “AfBA” stay compliant based on the Consumer Financial Protection Bureau’s Meridian Title Consent Order.  The session co-presented with Francis “Trip” Riley, Partner at Saul Ewing, and will be moderated by Charles “Chuck” Cain, EVP WFG National Title Insurance Company and Of Counsel to the Sterbcow Law Group.  Marx Sterbcow and Trip Riley are two members of the Meridian Title legal team who were involved in representing Meridian Title in connection with the CFPB Consent Order.

The presentation will provide critical information which all affiliated businesses should be aware of as it pertains to the monitoring of AfBA disclosure forms in real time.  In addition we will discuss how the use of this new technology also adds operational value to any companies operational compliance and business development needs.  We will explain how the CFPB Enforcement division views this type of technology monitoring as a critical piece for all settlement service companies, especially those in the title industry, as a new expectation for medium to large-sized companies to adopt.  We will provide an in-depth look into how a growing number of title agencies across the United States are already utilizing this title production overlay software compliance and business intelligence technology, and how this technology will help companies stay RESPA compliant, and what the future holds for these types of applications as they enter the marketplace.

To Register for the 25th Annual RESPRO Conference click here

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Marx Sterbcow of the Sterbcow Law Group will present at the Escrow Institute of California’s 70th Anniversary Conference  at the Hyatt Regency Indian Wells Resort & Spa in Palm Springs, California on May 5, 2017.  The Escrow Institute of California “EIC” Annual Conference is May 4-6, 2017.

The session “Understanding CFPB Enforcement under Unfair Deceptive or Abusive Acts or Practices (UDAAP)” is from 10:15 – 11:45 AM.  Mr. Sterbcow is co-presenting with Matthew Davis with the Davis & Davis Law Group.

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