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RESPA was enacted in 1974 and hasn’t had any substantive changes in nearly 20 years. But the enforcement landscape has changed. RESPA News reached out to RESPA attorneys for their take on how the rule holds up in a modern environment and what changes need to be made to better protect today’s consumers.

As part of a new monthly feature, RESPA News reached out to RESPA expert Noah Gillespie, Of Counsel for Greenberg Taurig, LLP, to get a finger on the pulse of the changing Multiple Listing Service and RESPA enforcement environment.

LERA MLS, a Texas-based multiple listing service (MLS), is considering consolidation with the Coastal Bend Association of Realtors and its MLS, South Texas MLS, evaluating if a “broader regional alignment could deliver long-term value to brokers and agents. RESPA News reached out to attorney Marx Sterbcow of Sterbcow Law group and The Realty Alliance CEO Craig Cheatham for their take on the move.

Arizona Attorney General Kristin Mayes entered into a settlement agreement with Weidner Property Management, resolving all claims against it in State of Arizona v. RealPage, Inc., including allegations of antitrust violations.

Keller Williams agreed to settle the class action homebuyer commission lawsuit Mya Batton et al v. National Association of Realtors et al for $20 million, resolving claims engaged in a conspiracy to fix real estate broker commissions and inflate home prices.

On Feb. 23, a borrower recognized as a successor in interest filed a complaint against NewRez LLC, doing business as Shellpoint Mortgage Servicing, alleging that Shellpoint failed to maintain procedures to ensure accurate information during servicing transfer and failed to correct a notice of error.

On Feb. 25, Department of Housing and Urban Development (HUD) Secretary Scott Turner announced streamlined and simplified guidance for nonpayment of rent in HUD-subsidized housing, undoing COVID-19 regulations.

On Feb. 24, the Federal Housing Finance Agency released its House Price Index, which found that house prices rose 1.8 percent between the fourth quarter of 2024 and the fourth quarter of 2025 and rose 0.8 percent between the third and fourth quarters of 2025.

The Department of Housing and Urban Development (HUD) moved to dismiss a lawsuit brought by several current and former HUD attorneys, who alleged that their reassignment from the Office of Fair Housing to other areas within the Office of General Counsel violated the Fair Housing Act.

The U.S. Government Accountability Office released a report titled “Consumer Financial Protection Bureau (CFPB): Status of Reorganization Efforts,” which reviewed the bureau’s recent actions to reduce the size and scope of its activities. The CFPB questioned the report’s accuracy, calling it “biased” and “incomplete.”

LERETA released its annual escrow awareness survey, which found that nearly 40 percent of borrowers incorrectly believed that total monthly mortgage payments cannot change if they have a fixed-rate mortgage and an escrow account.

Pending home sales in January decreased from both December and a year ago, according to the National Association of Realtors (NAR) Pending Home Sales Report. NAR Chief Economist Lawrence Yun said lower mortgage rates may increase the number of new homebuyers entering the market, but without an increase in housing supply, home prices may increase.

The delinquency rate for mortgage loans on one-to-four-unit residential properties increased to a rate of 4.26 percent of all loans outstanding at the end of the fourth quarter of 2025, according to the Mortgage Bankers Association’s National Delinquency Survey that was released on Feb. 12.

The Department of Justice announced a Texas-based developer and lender and its affiliates entered a $68 million settlement to resolve a lawsuit alleging discriminatory lending in violation of the Fair Housing Act and Equal Credit Opportunities Act.

Sen. Elizabeth Warren (D-Mass.) and minority staff on the Senate Banking, Housing, and Urban Affairs Committee released a report titled “The Price of Gutting the CFPB,” which found that the current administration’s handling of the Consumer Financial Protection Bureau resulted in approximately $19 billion in losses for consumers in 2025.

PennyMac Financial Services, Inc. announced on Feb. 11 that it entered into a definitive agreement to acquire the subservicing business of Cenlar Capital Corporation, primarily consisting of subservicing contracts and mortgage servicing operations, in an all-cash transaction for an upfront purchase price of $172.5 million and up to $85 million of contingent consideration payable over three years. 

The House Committee on Financial Services held a hearing in which the witnesses called to testify discussed the effects of inflation, housing supply deficits, downpayment standards and worker compensation on rising housing costs.

The House Committee on Financial Services held a hearing in which the witnesses called to testify discussed the effects of inflation, housing supply deficits, downpayment standards and worker compensation on rising housing costs.

Freddie Mac released servicing updates on Feb. 11 regarding loss mitigation under the oversight of the Federal Housing Finance Agency.

The National Association of Realtors released a statement in support of the House’s passage of the bipartisan “Housing for the 21st Century Act,” which aims to reduce regulatory barriers contributing to higher housing costs, to modernize federal housing programs and to improve access to capital for lenders.

The Department of Housing and Urban Development announced that the Manhattan Housing Authority in Manhattan, Kan., has been placed under its monitorship after being formally declared in substantial default for failing to comply with the terms of a federally mandated recovery agreement. 

A borrower recently filed a class action lawsuit against United Wholesale Mortgage and two appraisal management companies, accusing them of misrepresenting appraisal fees. Richard Horn, co-managing partner of Garris Horn LLP, considered the effectiveness of using the Truth in Lending Act-RESPA Integrated Disclosure as a defense in the case.

The National Reverse Mortgage Lenders Association announced that the Consumer Financial Protection Bureau began sending settlement checks to home equity conversion mortgage borrowers whose loans were previously serviced by Sutherland Global and NOVAD Management Consulting.

Sens. Elizabeth Warren (D-Mass.), ranking member of the Senate Banking, Housing, and Urban Affairs Committee, Chuck Schumer (D-N.Y.) and Rep. Maxine Waters (D-Calif.), ranking member of the House Financial Services Committee, led nearly 200 members of Congress in filing an amicus brief challenging the Trump administration’s attempts to dismantle the Consumer Financial Protection Bureau.

At the House Committee on Financial Services hearing on the annual report from the Financial Stability Oversight Council, chair Scott Bessent, also secretary of the U.S. Treasury, testified about the main priorities of the council including cyber security efforts and regulatory modernization.

International law firm McDermott Will & Schulte announced that Teresa Kosmidis has joined as a partner in its Transactions Practice Group, based in Washington, D.C. Kosmidis most recently served as senior counsel at the Consumer Financial Protection Bureau and brings consumer financial services regulation, compliance, enforcement and litigation experience to her new position.

On Feb. 6, U.S. District Court Judge Jeannette Vargas denied Compass Inc.’s motion for preliminary injunction in its suit against Zillow Group, Inc. and its affiliates. In the suit, Compass alleged that Zillow, along with Trulia, LLC, unlawfully maintained monopoly power.

On Feb. 3, Rocket Mortgage, LLC, filed a lawsuit against a mortgage lender and a loan officer, alleging they knowingly submitted loan applications that misrepresented the borrowers’ debts.

On Feb. 6, the Federal Housing Finance Agency (FHFA) published a final rule repealing the Fair Lending, Fair Housing, and Equitable Housing Finance Plan regulations. After considering public comments on the proposed rule, FHFA adopted the rule without changes.

Home prices rose in 73 percent of metro markets during the fourth quarter of 2025, according to the National Association of Realtors’ latest quarterly report. This is down from 77 percent in the third quarter.

Sens. Raphael Warnock (D-Ga.) and Elizabeth Warren (D-Mass.), ranking member of the Senate Banking, Housing, and Urban Affairs Committee, led a group of Democratic senators in a letter to Consumer Financial Protection Bureau acting Director Russell Vought, urging him to rescind the bureau’s proposed rule to end disparate impact enforcement under the Equal Credit Opportunity Act.

Two borrowers alleged that a mortgage servicer has been unlawfully collecting payments and furnishing credit information on their loans, claiming the servicer was acting as a debt collector without legal interest or servicing rights in violation of the Fair Debt Collection Practices Act. The borrowers also accused the servicer of violating RESPA by failing to respond to a qualified written request. The servicer filed a motion to dismiss.

The fiscal year 2026 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act includes a total of $77.3 billion for the Department of Housing and Urban Development’s rental assistance and self-sufficiency support for low-income working families, seniors and the disabled; housing and services to homeless individuals; and support for economic and community development.

The Federal Housing Administration’s Mortgagee Letter 2026-03, “Updates to Bidding at Foreclosure and Post-Foreclosure Sales Efforts,” updated the requirements for mortgagees’ bidding at a foreclosure sale and for utilizing claims without conveyance of title, including post-foreclosure sales efforts.

The Department of Housing and Urban Development’s Office of Inspector General (OIG) released its Office of Audit and Evaluation Annual Work Plan for fiscal year 2026, highlining what audits and evaluations the OIG will initiate and what ongoing projects will be continued.

On Jan. 13, Monica Beck, Northwest MLS chief operations officer, announced that she will step down from her role in spring 2026

Three borrowers filed a class action against Rocket Companies, Inc., Rocket Mortgage, LLC, Amrock Holdings, LLC, and Rocket Homes Real Estate LLC, alleging steering practices and RESPA violations. RESPA News reached out to Rocket for comment.

A U.S. District Court judge issued an order dismissing a discrimination case against the National Association of Realtors (NAR), which alleged NAR violated Title VII of the Civil Rights Act and the Illinois Human Rights Act.

Two borrowers filed a lawsuit against Private Lender Network, LLC, Noble Capital Servicing, LLC, JPMorgan Chase Bank, N.A., and Hometrust Mortgage, alleging an origination scheme and RESPA violations via unanswered qualified written requests.

The Federal Housing Finance Agency’s 2025 Performance and Accountability report found that the agency satisfactorily ensured “the operations and activities of each regulated entity foster[ed] liquid, efficient, competitive and resilient national housing finance markets in a safe and sound manner” in 2025.

The Federal Housing Administration announced an extension to its temporary partial regulatory waiver of provisions on drainage and flood hazard exposure, which require a residential structure located in a special flood hazard area or coastal high hazard areas to be constructed so that the lowest floor is at least two feet above the base flood elevation. 

The Department of Housing and Urban Development (HUD) announced that all public housing authorities and owners participating in HUD-funded housing have 30 days to verify tenant immigration eligibility, report deceased tenants and take corrective action.

Following the National Association of Realtor’s Multiple Listing Services (MLSs) policy change that handed authority back to local MLSs, Phoenix Realtors reworked its “MLS-only” concept into a productized “Non-member MLS Access offering” that a consulting firm said could be a model for other MLSs.

The House Committee on Financial Services held a hearing titled “Oversight of the Department of Housing and Urban Development (HUD) and the Federal Housing Administration,” in which HUD Secretary Scott Turner testified.

Pending home sales in December 2025 decreased by 9.3 percent from November and 3 percent year-over-year, according to the National Association of Realtors (NAR) Pending Home Sales Report. “The housing sector is not out of the woods yet,” NAR Chief Economist Lawrence Yun said.

The Federal Housing Administration (FHA) announced the publication of Mortgagee Letter 2026-02, which formalizes FHA’s existing process for reviewing the sale of a beneficial interest in a group of FHA-insured mortgages, which may only be accomplished through an FHA-approved declaration of trust.

On Jan. 20, President Donald Trump issued an executive order entitled “Stopping Wall Street from Competing with Main Street Homebuyers,” which bans large institutional investors from buying single-family homes.

A real estate agent and her team filed a class action against Zillow Group, Inc. and its affiliates, alleging illegal monopolization of the real estate marketing platform marketplace and steering consumers to Zillow Home Loans.

The owner of a mortgaged premises challenged a summary judgment in favor of PNC Bank regarding the foreclosure of the premises, alleging that PNC failed to respond to a qualified written request in violation of RESPA. PNC argued that it had no duty to respond as the mortgage loan involved a home equity line of credit, which is not subject to RESPA. 

Florida Agency Network President Amy Gregory and FincenRealEstateReport.com CEO Charles Wismer answered questions in advance of October Research’s Feb. 5 webinar titled “Countdown to Compliance: A Demo on FinCEN’s Real Estate Report,” where they will give a live demonstration of the Financial Crimes Enforcement Network’s real estate report.

The National Association of Realtors (NAR) released its 2025 annual report, including several letters from executives and details of NAR’s strategic plan and technology investments.

Ginnie Mae announced on Jan. 13 that mortgage-backed securities funded by electronic promissory notes will be eligible for the agency’s Pools Issued for Immediate Transfer program, which allows approved issuers to transfer eligible pools at issuance under the agency’s Co-Issue program.