- Posted August 25, 2011
- Tweet This | Share on Facebook
Lawyers exempt from HUD mortgage originator rule
By Kimberly Atkins
The Daily Record Newswire
BOSTON, MA -- The Department of Housing and Urban Development issued new final rules setting standards for compliance with the Secure and Fair Enforcement for Mortgage Licensing Act, including a rule that exempts lawyers from the definition of "mortgage originator" when they are providing legal services to their clients.
The SAFE Act was enacted to increase consumer protections and reduce fraud in mortgage lending. The Act created standards for licensing of mortgage loan originators and requires states to implement systems for licensing and registering them.
But under the new final rules, a "licensed attorney who only negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of a client" is not "engaging in the business of a loan originator [or] subject to licensing under the SAFE Act."
William Robinson, the president of the American Bar Association, praised the exemption as "not just a win for the already well-regulated legal profession, but also for their homeowner clients."
"While the ABA wholeheartedly supports [the] timely and worthwhile goals [of the SAFE Act], HUD's original proposed rule to implement the SAFE Act contained overly broad language that would have imposed excessive new federal regulations on lawyers engaged in the practice of law," Robinson said in a statement.
Published: Thu, Aug 25, 2011
headlines Detroit
- Two Sixth Circuit judges share insights on effective dialogue across difference
- Nessel sues ‘prediction market’ company, alleges violation of gaming laws
- Trial courts granted $1 million to help individuals regain driving privileges
- Financial disclosures required at outset of divorce proceedings
- Daily Briefs
headlines National
- Online shoppers find deals on the Temu app, but states say the trade-off is personal data
- Florida Bar reverses itself, says it is not investigating Lindsey Halligan
- Attorney indicted for trying to kill her husband of more than 25 years
- American Bar Association cites members’ needs in law firm intimidation hearing
- OpenAI sued for practicing law without a license
- Lindsey Halligan being investigated by the Florida Bar




