Jump to Navigation

Compliance: HBOR, QWR, GLBA

Mortgage Lender Compliance with HBOR, QWR, and GLBA Rules

Epstein Turner Weiss has a long history in mortgage law. Under the direction of partner David Epstein, the firm works closely with mortgage lenders and mortgage servicers to maintain compliance with requirements imposed by the California Homeowner Bill of Rights, Qualified Written Requests, and Gramm-Leach-Bliley privacy provisions.

California Homeowners Bill of Rights (HBOR)

Mortgage borrower protections have been significantly enhanced through state and federal legislation in recent years.

The California Homeowner Bill of Rights (HBOR), which became law on January 1, 2013, is a state level regulation adopted "to ensure fair lending and borrowing practices for California homeowners."

Epstein Turner Weiss is available to assist mortgage lenders and servicers in maintaining legal compliance with the California HBOR, including:

  • Limitations on dual track foreclosures
  • Guaranteed single point of contact
  • Document verification
  • Enforceability

Qualified Written Requests (QWR)

According to the Consumer Financial Protection Bureau (CFPB), a Qualified Written Request (QWR) is written correspondence that a mortgage borrower or someone acting on their behalf can send to the mortgage servicer for the loan in question. A QWR can address several aspects of a mortgage loan, including but not limited to questions about how a mortgage loan is serviced, a request for additional information about a mortgage, or the identification of a suspected error in the mortgage loan payment record.

The proper handling of these qualified requests is crucial for purposes of controlling legal risk. To be well protected, loan servicers must properly understand the elements of this law.

Epstein Turner Weiss is available to assist mortgage lenders and servicers in assessing the validity of QWRs and determining appropriate QWR responses.

Gramm-Leach-Bliley Act (GLBA)

The Gramm-Leach-Bliley Act requires financial institutions to:

  • Ensure the security and confidentiality of customer information
  • Protect against any anticipated threats or hazards to the security or integrity of such information
  • Protect against unauthorized access to or use of customer information that could result in substantial harm or inconvenience to any customer

The Financial Privacy Rule under GLBA requires that banks and other financial institutions give each consumer a privacy notice when a new account is opened, and annually thereafter.

Epstein Turner Weiss is available to assist mortgage lenders and servicers in adhering to these GLBA privacy provisions.

Los Angeles Mortgage Law and Correspondent Lending Lawyers

Epstein Turner Weiss clients have included participants in all aspects of mortgage lending, including originators, correspondent lenders and purchasers, servicers, investors, and trustees.

From our broad experience, we are able to evaluate quickly the lending relationships, the agreements, and the transactions and issues at the center of any mortgage lending dispute.  Our commitment to our clients is to work closely with them and to provide aggressive and effective representation aimed at achieving a favorable and cost effective resolution.

The firm’s mortgage litigation experience includes:

  • Lien priority and title resolution
  • Insurance and title insurance coverage
  • Mortgage repurchase & warehouse lending
  • Loan fraud
  • Real estate litigation
  • Business and commercial law

Click on the link to download our mortgage litigation brochure.

Contact Epstein Turner Weiss to meet with a skilled mortgage law attorney in Los Angeles, California. We offer extensive experience mortgage lender compliance with HBOR, QWR, and GLBA rules.