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202.628.2000

J. Eric Duncan

Eric Duncan

J. Eric Duncan

Associate

Contacts

1300 19th Street NW, 5th Floor
Washington, DC 20036-1609

Eric focuses on state and federal regulatory and compliance matters related to the financial services industry. He advises financial institutions and mortgage companies on federal and state mortgage banking and financial services laws, including the Home Mortgage Disclosure Act (HMDA), Real Estate Settlement Procedures Act (RESPA), Truth-in-Lending Act (TILA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), as well as on fair lending, financial privacy, and other consumer finance regulatory matters. Eric also assists clients with meeting state and federal licensing and approval requirements and prepares multi-state regulatory analyses pertaining to mortgage lending, brokering, and servicing.

Practice Areas

Education

  • George Washington University School of Law, J.D., with honors, 2013
  • University of California, Los Angeles, B.A., summa cum laude, 2009

Admissions

  • California
  • District of Columbia

Representative Matters

  • Advise and assist clients in obtaining mortgage lender, broker and servicer licenses and approvals, as well as structuring transactions and obtaining change of control approvals in connection with the purchase and sale of mortgage entities and title agencies
  • Conduct multi-state surveys of state licensing requirements and exemptions for purchasing mortgage loans, servicing mortgage loans, and holding mortgage servicing rights (MSRs)
  • Advise national mortgage companies on their privacy policies and notices regarding sharing of consumer financial information to ensure compliance with the Gramm-Leach-Bliley Act and the Fair Credit Reporting Act
  • Advise settlement service providers on compliance with RESPA Section 8’s anti-referral fee and kickback requirements in connection with joint ventures, lead sales, and affiliated business arrangements
  • Conduct multi-state review of state-specific origination requirements in connection with home equity lines of credit (HELOCs) made by a federal savings and loan association, including an analysis of federal preemption applicable to federally chartered banking institutions
  • Advise mortgage lead generation companies on state licensing and compliance considerations

Publications

  • Chapter contributor, Real Estate and Mortgage Banking: A New Era of Regulatory Reform (Thomson Reuters 2017-2018)
  • Contributing author, Home Mortgage Disclosure Act (HMDA) Resource Guide, MBA Compliance Essentials (MBA 2016)
  • Note, Legalizing European Central Bank Bond Purchases: How the ECB Can Protect its Own Legitimacy and the Future of the Euro, 45 Geo. Wash. Int’l L. Rev. ­183 (2013).

Affiliations

  • American Bar Association
  • District of Columbia Bar Association
  • The State Bar of California
  • Los Angeles County Bar Association