What's New in Valuations Since the MSA FAQs?

The landscape for Marketing Service Agreements was greatly clarified by the CFPB's October 2020 FAQs. Meanwhile, it appears that new leadership is on the way for the CFPB. Hear all about the latest trends in valuation of RESPA sensitive services, including MSAs, lead purchases, and social media co-marketing from Mark Meyer, CEO of MLinc Solutions, LLP and Attorney Brian Levy. 

Phil Schulman (Moderator)

Partner

Mayer Brown

Phillip Schulman is a partner in Mayer Brown’s Washington DC office and a member of the Consumer Financial Services group. His practice focuses on a range of matters related to real estate finance, mortgage banking and consumer finance in both the primary and secondary markets. He represents companies in the mortgage lending, title insurance and real estate industries in connection with administrative and regulatory compliance matters, including those involving the Consumer Financial Protection Bureau (CFPB), the US Department of Housing and Urban Development (HUD), the US Department of Veterans Affairs (VA), Ginnie Mae, Fannie Mae and Freddie Mac. He advises clients on matters related to approval, origination and servicing requirements under the US Federal Housing Administration’s single-family loan programs. He also defends companies in connection with governmental audits, investigations and enforcement proceedings, before, among others, the CFPB, HUD, the VA, the DOJ and the Federal Trade Commission, with particular focus on defense of False Claims Act, Financial Institutions Reform, Recovery, and Enforcement Act, Mortgage Review Board and Real Estate Settlement Procedures Act enforcement matters.

Phillip develops and analyzes proposed business plans and drafts related agreements and disclosures based upon applicable US federal and state laws, regulations and rules, such as the Real Estate Settlement Procedures Act, the Truth-in-Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Housing Act, state licensing laws, consumer credit laws, usury laws, unfair and deceptive trade laws and real property laws.

Phillip also performs regulatory compliance due diligence and assists with structuring operations and developing compliance management systems. He acts as regulatory counsel to the FAIR Coalition and defends clients in government investigation and enforcement proceedings concerning valuation issues. Phillip also assists with litigation involving regulatory compliance matters, consumer class action lawsuits and commercial claims.

Phillip was nationally ranked by Chambers USA 2012-2014 under Financial Services Regulation: Consumer Finance (Compliance) (Band 2). He is a member of the American College of Financial Services Lawyers and is the former general counsel to the Home Improvement Lenders Association and the former assistant general counsel of the Inspector General and Administrative Proceedings Division, US Department of Housing and Urban Development. Phillip is ranked by The Legal Network as one of the Top Lawyers in Washington, DC for 2013, and is peer rated in the Martindale-Hubbell directory as AV Preeminent, the highest level of professional excellence.

Phillip has authored dozens of articles on issues affecting the settlement service industry, and is a frequent contributor to Mortgage Banking magazine, The Title Report, the National Association of Realtors RESPA Realities and National Home Builders Association publications. He is also co-author with Laurence Platt of A Practical Guide to the Real Estate Settlement Procedures Act, published by Warren Gorham & Lamont. In 2013, with Holly S. Bunting, he co-authored MBA Compliance Essentials: The Real Estate Settlement Procedures Act.

Phillip is a frequent lecturer for seminars and conferences sponsored by the Mortgage Bankers Association, the American Land Title Association, the National Association of Realtors and other industry-related groups on various legal issues involving real estate, title, mortgage banking and consumer finance.

Brian Levy

Of Counsel

Katten & Temple, LLP

Brian S. Levy, Of Counsel to Katten & Temple, LLP, provides practical regulatory, transactional and dispute resolution guidance primarily to banks, mortgage lenders and vendors to mortgage bankers. Mr. Levy has unique experience with RESPA, TILA, and other mortgage origination, servicing and banking regulations, marketing and ventures, contract negotiation and loan sales, commercial and residential real estate and finance and regulatory compliance and enforcement actions. In addition to a Chicago office, Mr. Levy also maintains an office at 11512 N. Port Washington Road, Suite 101J, Mequon Wisconsin, 53092.

Mark Meyer

Founder & CEO

MLinc Solutions

With over two decades of information consulting experience from a career as a business consultant, CEO, COO, and CIO, and a business degree from Southern Methodist University, Mark launched MLinc Solutions to fill the void. Based in Dallas, Texas, MLinc is a nationwide provider of expertise, insight, and innovative solutions to the residential settlement services industry. With over 650 clients nationwide, MLinc is an information consulting leader in providing support for complementary business relationships.  For their innovative solutions, from turn-key tools for affiliated business arrangements and services agreements to its related services valuation offerings, National Mortgage Professional Magazine named MLinc Solutions a Visionary Organization in the mortgage industry. “Everything we do is about helping clients establish strategic relationships that work, in a smart and compliant way. In the process, I love to see the creation of better solutions for consumers and all parties to the transaction,” Mark says.

To this end, Mark created an industry-wide offering for helping residential settlement service providers forge compliant relationships that are a catalyst for improving the homebuying process. MLinc's Affiliated Business Arrangement (ABA) and Services Agreements Solutions and related transformative valuation offerings have brought hundreds of companies the independent expertise and diligence to forge thousands of mutually beneficial business associations that are compliant with the Real Estate Settlement Procedures Act (“RESPA”). Specifically, MLinc’s tools, templates, and information consulting help clients assess, design, sell, value, set up and verify strategic relationships and agreements. MLinc’s valuation services (e.g., ComplyMSATM, ComplyWSATM, ComplyEventsTM and ComplyOfficeTM) have become an industry standard in helping clients to value and verify services provided by business associates, including marketing activities, web advertising, sponsored events, and office leases, to enhance RESPA compliance.

As the leader of a thriving firm, he continues to develop innovative solutions to benefit professionals in every role of the residential settlement process, from real estate firms to mortgage banks to title insurance companies and others.

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