Overview

Krista Cooley is a partner in Mayer Brown’s Washington DC office and a member of the Consumer Financial Services group. She concentrates her practice on federal regulatory enforcement and compliance issues. She represents companies in the mortgage lending, mortgage servicing, title insurance and real estate industries in connection with administrative and regulatory compliance matters. Krista defends clients subject to government audits, investigations and enforcement proceedings before, among others, the US Department of Housing and Urban Development (HUD), Department of Veterans Affairs (VA), Department of Agriculture (USDA), Department of Justice (DOJ), Consumer Financial Protection Bureau (CFPB) and state banking departments in cases involving the False Claims Act, the Program Fraud Civil Remedies Act, Mortgagee Review Board proceedings and Real Estate Settlement Procedures Act (RESPA) enforcement matters. She advises clients about federal and state consumer credit and protection laws and regulations, including RESPA, FHA, VA, USDA Rural Housing Service (RHS) and Home Equity Conversion Mortgage (HECM) requirements.

Krista reviews and analyzes existing and proposed business arrangements for compliance with federal and state law requirements and drafts related agreements and disclosures. She performs regulatory compliance due diligence, with particular emphasis on FHA-insured origination and servicing requirements.


Experience

  • Represent multiple clients in responding to inquiries from HUD’s Mortgagee Review Board, Quality Assurance Division, Office of Inspector General, National Servicing Center, and Single Family Claims Branch in connection with the origination and servicing of FHA-insured loans and the offering of loss mitigation to delinquent borrowers.
  • Advise numerous clients on compliance with FHA servicing requirements involving default servicing, loss mitigation, pre-foreclosure sales, property preservation, interest curtailment, and insurance claim filings involving conveyance claims and claims without conveyance of title.
  • Advise clients on origination, servicing and loss mitigation requirements under federal government programs including, FHA, VA, and RHS requirements.
  • Represented a consortium of banks and mortgage companies in the proposed reforms of the residential mortgage lending programs of the FHA, including annual and loan level certifications and origination and servicing requirements, in order to reduce risk of False Claims Act liability and increase access to credit.
  • Represent multiple clients in connection with False Claims Act investigations by the US Attorney’s Office involving FHA mortgage insurance, including the origination and servicing of FHA loans and the reverse, or Home Equity Conversion Mortgage (HECM), program.
  • Represented Ginnie Mae approved issuers in responding to notices of violation involving assertions of non-compliance with Ginnie Mae requirements and guaranty agreement provisions.
  • Represented multiple FHA servicers in responding to HUD demands for reimbursement of FHA partial claim payments.
  • Acted as regulatory counsel for multiple servicers in connection with the submission of claims and the purchasing of loans through HUD’s Single Family Note Sale program, also known as the Distressed Asset Stabilization Program.
  • Counseled multiple clients on Ginnie Mae pooling and servicing requirements.
  • Conducted comprehensive reviews of compliance with FHA servicing requirements, including Home Equity Conversion Mortgage (HECM) servicing requirements, for FHA-approved servicers.
  • Routinely counsel mortgage originators and servicers in the assessment and reporting of Quality Control findings of non-compliance with FHA requirements to the Department of Housing and Urban Development.
  • Advise loan originators and servicers on regulatory compliance requirements involving reverse loans and home equity conversion mortgages.
  • Routinely advise multiple FHA-approved mortgagees on the annual recertification process and drafts policies and procedures in connection with the recertification process.
  • Counsel FHA originators and servicers in navigating HUD’s Office of Appeals and administrative offset process. 
  • Assisted in representing a client in global settlement discussions with the federal and state attorneys general involving loan servicing practices.
  • Assisted in representing a client in a case of first impression regarding an FHA-approved series limited liability company in connection with allegations made by HUD under FHA regulations and RESPA regarding affiliated business arrangements.
  • Assisted a client in responding to inquiries from HUD in connection with FHA-insured loans, including multi-million dollar requests for indemnification and double damages under the Program Fraud Civil Remedies Act.
  • Regularly draft quality control plans and policies & procedures for FHA-approved lenders to ensure compliance with HUD origination and servicing requirements.
  • Assisted condominium developer in obtaining FHA approval of a 20-story condominium development in a changing regulatory climate.
  • Conducted annual comprehensive reviews of a national title insurer’s joint venture business arrangements for compliance with RESPA.

Education

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

Pennsylvania State University, BA

Admissions

  • District of Columbia