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Preliminary Program

On-Site Registration Available 4/18/2017

 

 

April 18, 2017

 

1:30p – 5:00p
RESPRO Board Meeting

DaVinci 1
Lunch will be provided 12:30-1:30p.  Open to RESPRO Board Members

 

5:30p-6:30p
RESPROPAC Reception

DaVinci 4

 

8:30p
Reception

Hyde Bellagio

sponsored by: 

 

 

 

 

 

 

 

April 19, 2017

 

8:15a-9:00a
Breakfast

Tower Ballroom 8

sponsored by:

 

 

9:15a-10:00a
What's Going on in Washington?

Tower Ballroom 6 & 7

A candid discussion of the issues in general in particular those that affect our industry

 

10:00a-10:30a
Networking Break


 


10:30a-12:00n

RESPA Super Session

Tower Ballroom 6 & 7

Top RESPA attorneys discuss & take your questions regarding Prospect Mortgage, PHH, and the implications for business going forward

 

12:15p-1:15p
Luncheon

Tower Ballroom 8

sponsored by:

 

 

 

 

 

1:30p-2:30p
Concurrent Workshops

 

Implementing New York’s New Cyber Security Regulation

DaVinci 1
The NY DFS has issued new cyber security regulations expected to be effective on March 1, 2017. These regulations introduce specific requirements for mitigating information security risks. This approach is a significant shift from the “reasonable” controls approach taken by federal and other state regulators. These regulations apply to all entities supervised by the NYDFS. Service providers to entities licensed in NY will be required by their clients to comply with these new standards as well. This panel will focus on critical steps for effectively implementing the new requirements, including risk assessment, program reporting and governance, and the annual program certification requirement.

 

What’s WRONG with Your ABA? Is Your Harbor Safe?

DaVinci 2
ABAs are a safe harbor from RESPA’s Section 8 prohibitions, but only if you’re doing it right?  Sometimes the rule is clear and sometimes it’s not.  Many ABAs don’t comply with the letter of the law and are at risk in the gray.  Learn more about ABA requirements, frequent ABA mistakes and be sure yours is a safe harbor.

  • Loretta Salzano, Esq., President, Franzen and Salzano, PC
  • Brian S. Levy, Esq., Partner, Katten & Temple, LLP
  • Al Miller, National Director of Strategic Relationships, Shelter Mortgage Company, LLC

 

UDAAP: The Cloud Still Hangs Low

DaVinci 3
Presentation on how UDAPP will continue to effect CFPB’s actions on settlement service providers and how AfBAs need to be cognizant of their marketing and advertising efforts.  We will address cases of interest and suggest tips that every company should incorporate

 

2:45p-3:45p
Concurrent Workshops

 

The Evolving Anti-Money Laundering Regulatory Landscape

DaVinci 1

US anti-money laundering (AML) regulators are increasing their focus on the real estate industry. The 2016 FATF mutual evaluation report of US efforts in anti-money laundering and combatting the financing of terrorism (CFT) was strongly critical of AML program implementations by residential mortgage lenders and originators. The FATF report has recommended further work by FinCEN with RMLOs and extending AML program requirements to real estate agents. In addition, FinCEN’s 2016 Geographical Targeting Orders on high-end cash transactions in certain markets were intended as a first step in expanding compliance requirements on a broader range of real estate transactions. Finally, the NY Department of Financial Services issued in 2016 expanded AML and CFT requirements affecting banks that could be expanded to other types of entities subject to NY DFS supervision.  This panel will address current AML and OFAC requirements and additional steps that may be taken by regulators.

 

A Practical Approach to Escrow & Cyber Security

DaVinci 2
One pressing issue that will not change in 2017 is the real threat of escrow & cyber fraud, which is at an all-time high.  In defense of this, daily vigilance is not merely a destination but more importantly an ongoing journey.  The days of “it won’t happen to me” are long gone.  Our diverse panel of industry experts will discuss current trends and best practices the audience will be able to implement in their companies.

  • Robert Pleasants, Executive Vice President, Corporate Strategy, Sales and Marketing, RynohLive
  • Lee Fields, Partner, Business Consulting Services,Apio, LLC
  • Matthew Reass, Senior Vice President, RynohLive
  • Rick Diamond, Vice President, IT 
  • Moderator: Zafar Khan, President, RPost

 

Stretching the Envelope on Prohibited Referrals

DaVinci 3
The basic parameters of what is prohibited referral activity have been stretched or blurred by the CFPB, resulting in a chilling effect on the real estate industry.  The ambiguity in RESPA on defining a referral and the perceived risks in marketing activities in various circumstances will be discussed.  For example, when is an endorsement of a service provider becomes a prohibited referral; must there be a consumer direct communication?  At what point, if at all, does it become a violation of Section 8 for a nationwide real estate brokerage group to promote a service provider throughout its owned or affiliated companies to their management and sales agents?  Related to this this is the services rendered exception, Section 8(c)(2) considered in PHH.  Is the exception absolute as implied by the current ruling. If the CFPB intended to be able to challenge most MSAs when the Director redefined this exception, could he have accomplished this by further defining the existing qualifications as set forth by HUD in its Interpretive Rule, particularly as to meaningful and non-duplicate services?

 

4:00p-5:00p
Concurrent Workshops

 

HDMA Update, Implementation and Implications

DaVinci 1

By mid-April 2017 there will be less than nine months until significant revisions to Home Mortgage Disclosure Act data collection and reporting requirements become effective on January 1, 2018, and the CFPB likely will have issued a proposal to further amend the requirements before the effective date.  This session will address the expanded data requirements, the proposed amendments, getting ready for implementation, and implications of the revised requirements, including privacy concerns and enhanced risk of fair lending challenges

 

What’s New and Hot in RESPA Class Actions

DaVinci 2

Class actions are among every real estate service provider’s worst nightmares.  This presentation will explore how efforts to certify RESPA class actions have fared recently.  Specifically, in the past few years, the areas of RESPA compliance that have given service providers the most anxiety about class actions involve issues such as: the use of attorney-agents and what they must do to earn their portion of a title premium; the hazards of affiliated providers of private mortgage insurance; so-called captive title agencies; and captive-reinsurance arrangements.  Attendees will learn how each of these different theories of RESPA liability has enjoyed varying degrees of success.

 

No MSA? No Problem! Do’s and Don’ts of Alternate Methods of Doing Business and Referral Sources

DaVinci 3

Learn options for marketing your products and services and how to avoid the compliance land mines.  The panelists will review promotional activities, sponsorships, lead sharing, desk rentals and more.  You’ll pick up tools and tips to support your sales team while minimizing your risk.  This session always fosters a lively dialogue, so bring your questions!

 

5:30p-6:30p

Cocktail Reception
Grand Patio

 

 

April 20, 2017

 

7:30a – 8:30a
Breakfast

Tower Ballroom 8

sponsored by:

 

 

8:30a – 9:30a

Industry Panel: The Current Business Climate and How to Thrive In It

Tower Ballroom 6 & 7

  • Stuart Elsea, President, Real Estate One
  • Barbara Griest, President, Trident Land Transfer
  • Joe Welu, Founder & CEO, Total Expert
  • Tim Wilson, President, Affiliated Businesses, Long & Foster Companies, Inc.
  • Moderator: Lynette Hale-Lee, Vice President/Regional Manager, Wintrust Mortgage

 

9:45a – 10:45a
Concurrent Workshops

 

Preparing for an MSA Program Audit, Exam or Investigation

DaVinci 1

Discuss compliant objectives of your MSA Program and a common narrative for communicating what it is and what it is not.  Learn the essential policies, procedures and training that must be in place for both settlement providers and marketers to help assure RESPA compliance.  Share how to use your MSAs as a catalyst for creating and branding a better home buying experience

 

State Attorney General and Private Class Action Enforcement under a New Administration

DaVinci 2
When federal enforcement slows, state AG and private enforcement has traditionally increased.  This session would address how to manage a potentially increased class action and state AG  investigation risk (including how to avoid being a target), beating back likely theories of liability, avoiding class certification, overcoming settlement obstacles

 

Digital Legal Hot Topics

DaVinci 3
The latest technological developments and continued regulatory activity are making digital commerce legal issues important to product development and marketing initiatives.  This panel will focus on the latest developments as the real estate industry seeks to utilize new technologies and customer channels while mitigating legal risk.  During the discussion, the panelists will address: E-commerce – online banking transactions, including E-sign developments and the need for multi-factor authentication of customer identity for certain sensitive transactions; Mobile – mobile app industry legal developments; Social Media – engaging customers through various social media platforms as well as establishing internal rules related to employees’ social media activities; Online Advertising – using cookies and other tracking technologies to display effective ads customized to specific customers’ interests; and ADA Compliance – legal developments regarding online and mobile compliance with the American with Disabilities Act.

 

11:00a-12:00n
The New CFPB: What the Bureau Has Been Up to and What to Expect in 2017 and Beyond

Tower Ballroom 6 & 7
The session would address recent CFPB activity including RESPA and UDAAP enforcement and rulemaking. It would address what to expect going forward in light of PHH and under the new administration. What changes can we expect to see in the Bureau’s structure and independence, how might the agency’s priorities shift, and what does this mean for you?



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