Goldman & Zwillinger prides itself on helping clients combine best practices and practical judgment to withstand today’s heightened scrutiny and litigation risks. We offer practical advice regarding the full spectrum of regulatory disclosure and compliance matters. We consult regarding federal and state laws, amendments thereto and the regulations promulgated thereunder, including:
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Consumer Financial Protection Act
- Mortgage Reform and Anti-Predatory Lending Act
- Homeownership and Equity Protection Act
- Equal Credit Opportunity Act
- Fair Credit Reporting Act
- Fair and Accurate Credit Transactions Act
- Home Mortgage Disclosure Act
- S.A.F.E. Mortgage Licensing Act
- Gramm-Leach-Bliley Act
- National Bank Act
- Truth in Lending Act
- Real Estate Settlement Procedures Act
- Consumer Credit Protection Act
- Fair Housing Act
- Federal Trade Commission Act and
- Unfair or Deceptive Acts or Practices
- Servicemember’s Civil Relief Act
- USA PATRIOT Act
- Fair Debt Collection Practices Act
- A.R.S. Title 6: Banks and Financial Institutions
- A.R.S. Sec. 44-281 et seq.: Sales Finance Companies
We assist mortgage lenders, brokers and servicers in obtaining licensing from the Arizona Department of Financial Institutions (“AZDFI”), such as the mortgage banker, mortgage broker, commercial mortgage banker and broker licenses as well as the collection agency, escrow agent, sales finance company, consumer lender and other licenses issued by the AZDFI. We assist mortgage lead providers and loan modification businesses, including those operated by attorneys, in obtaining the mortgage broker license and provide advice concerning the licensee’s employees obtaining loan originator licenses. We provide advice in connection with making filings with the Nationwide Mortgage Licensing System & Registry (“NMLS”) including the Mortgage Call Reports.
We represent a wide variety of mortgage businesses from large national lenders and servicers to small, local businesses which fund the purchase of properties at foreclosure sale.
We provide advice concerning compliance with the statutes and regulations enforced by the AZDFI as well as federal laws such as the Truth in Lending Act, and amendments thereto, Regulation Z, the Real Estate Settlement Procedures Act, Regulation X and various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, including the Consumer Financial Protection Act.
We assist clients with examinations by the AZDFI and will assist clients with examinations by the Consumer Financial Protection Bureau (CFPB), the new federal agency created pursuant to the Consumer Financial Protection Act.
We represent clients which have been served with a Cease and Desist Order or sent a letter advising of compliance infractions by the AZDFI and other state and federal agencies. Depending upon the circumstances, we will assist the client in negotiating a resolution or, as appropriate, contest the matter through the administrative hearing process.
We can assist with matters involving FHA, HUD, Fannie Mae, Freddie Mac, Ginnie Mae and the VA including the approval process, compliance and repurchase demands.
We are also available to act as local counsel in connection with the foregoing matters.
Telemarketing regulation has grown increasingly complex with the recent adoption of new Federal and State telemarketing regulations and statues. G&Z represents some of the largest telemarketing firms in Arizona, offering regular consultation to streamline best practices to conform with this ever-changing regulatory environment. G&Z offers competent and comprehensive counsel on the following:
- Federal Trade Commission, Telemarketing Service Rule
- Arizona Office of the Attorney General, Consumer Fraud Division
- Arizona Secretary of State, Telephone Solicitation Registration
- Arizona Corporation Commission, Telemarketing Regulations