Mr. Samlin’s representative experience includes:
- Conduct enterprise-wide Consumer Financial Protection Bureau (CFPB) and Office of the Comptroller of the Currency (OCC) readiness reviews of a company’s compliance management programs, business lines, operations and products to assess the level of potential risks to consumers and evaluate the company’s compliance management program.
- Defend administrative enforcement actions (including state government audits and single or multistate examinations and investigations) and assist in litigation involving regulatory compliance issues.
- Advise on compliance with federal and state mortgage loan origination, servicing and secondary market regulations and work with state regulators to obtain approvals, licenses or regulatory guidance.
- Counsel clients on compliance with regulations and guidelines governing the servicing industry, with recent focus on the implementation of the CFPB’s newly finalized servicing standards and developing loss mitigation programs and related compliance policies and procedures for loan servicing operations.
- On a 50+ state/jurisdiction basis, analyze and provide regulatory counseling, memoranda and opinions (including surveys and fee charts) on applicable laws impacting the origination, servicing and sale of mortgage loans and consumer loan products, including high-cost home loan triggers, late charges, prepayment penalties, points and fees restrictions, payoff statement fees, default servicing fees and NSF fees.
- Conduct fair lending and fair servicing assessments and create ongoing fair lending testing and monitoring programs for financial institutions.
- Filed an amicus brief on behalf of the Structured Finance Industry Group trade organization to the U.S. Supreme Court addressing the capital markets industry’s strong opinion that the three-year right of rescission in the Truth in Lending Act (TILA) statute is a hard and fast deadline for filing suit and not an open-ended right triggered by written notification, as the Consumer Financial Protection Bureau (CFPB) recently advocated. The eight circuits that have weighed in on the question have fallen into two camps, reaching opposite conclusions. The Third, Fourth and Eleventh Circuits have held that written notification is sufficient, while the First, Sixth, Ninth and Tenth Circuits held that a lawsuit must be filed within the three-year period.