Holly Spencer Bunting

Advised:

• Mortgage lenders, banks, real estate brokerage companies, home builders, title insurance agencies, title insurance underwriters, fintech/proptech/insurtech companies, technology vendors, and other companies in interpreting and applying statutory and regulatory requirements and administrative guidance pertaining to RESPA’s anti-kickback and fee-splitting provisions in connection with a wide variety of settlement service arrangements, including marketing, advertising, and affiliated business arrangements.
• Fintechs, financial institutions, issuers, and investors in connection with federal and state regulatory considerations related to the development and offering of, and investment in, home equity option products, including drafting of consumer disclosures and program agreements, preparing risk disclosures for offering documents, assessing state and federal consumer financial regulatory risks, and advising on unique and innovative product structures and features.
• A loan origination system provider on compliance with the TILA-RESPA Integrated Disclosure regulations in the programming of Loan Estimate and Closing Disclosure forms.
• Clients in connection with investigations under the False Claims Act related to origination and underwriting of Federal Housing Administration-insured loans.
• Clients in defending allegations made by the Consumer Financial Protection Bureau related to the operation of affiliated business arrangements, advertising for government-insured lending and other consumer protection issues.

Holly has also:

• Drafted and reviewed affiliated business, advertising services, rental, co-advertising, data sharing and other services agreements for regulatory compliance under RESPA.
• Performed regulatory diligence for fintech and iBuyer companies related to acquisition of mortgage, title insurance, escrow, real estate, and general contractor businesses, as well as the structuring of cash-offer products.
• Provided regulatory compliance support to single-family rental companies and companies offering co-equity products related to federal consumer protection laws, state licensing, formation of affiliated mortgage and title insurance businesses, and review of intercompany service agreements.
• Prepared compliance management programs for lenders, fintechs and proptech companies, including policies on compliance department structure and lines of review, tracking federal laws, updating policies and procedures, employee compliance training, vendor management, and internal audit functions.
• Created a comprehensive catalog of origination and servicing requirements applicable to FHA-insured loans for a national mortgage lender.
• Performed regulatory due diligence of mortgage company policies and procedures related to Federal Housing Administration, Department of Veterans Affairs, and US Department of Agriculture lending programs, as well as compliance with federal and state consumer protection requirements.
• Led training sessions on compliance issues selected by clients for Boards of Directors, Legal and Compliance teams, and business units responsible for activities with material compliance risk.

American University Washington College of Law, JD, cum laude
Note & Comment Editor, American University Law Review

University of North Carolina at Asheville, BA, summa cum laude

• District of Columbia
• North Carolina

• Women in Housing & Finance, Inc.
• North Carolina Bar Association
• University of North Carolina at Asheville Foundation Board
• Published articles related to RESPA and FHA issues in industry publications
• A regular speaker at webinars and mortgage and title insurance industry events