Melissa Richards, CMB is a California licensed attorney with a national practice specializing in regulatory compliance, licensing and enterprise risk management for bank and non-depository financial services industries. Ms. Richards has over 3 decades experience representing clients on license administration, examination and enforcement matters before the California Department of Financial Protection and Innovation (California Financing Law; California Residential Mortgage Lending Act), and the California Department of Real Estate (Real Estate Law). Ms. Richards is a frequent author of compliance and legislative developments affecting the financial services industry in California.
Ms. Richards also represents clients on federal mortgage and consumer protection laws administered by the federal Consumer Financial Protection Bureau including RESPA, TILA ECOA, HMDA, SAFE Mortgage Licensing Act, FCRA and FDCPA. Ms. Richards also has general counsel experience, serving as the Chief Legal & Risk Officer of a mid-size independent mortgage company ranked as one of Scotsman Guide’s Top 15 Mortgage Lenders in 2018-2019.
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08
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Melissa Richards Quoted in Axios Atlanta
Press
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Georgia’s newest laws By: Wilborn P. Nobles III January 3, 2024 Commercial Financing Disclosure Law: Senate Bill 90 requires disclosure statements from certain banks, credit unions, and […]
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21
Jan
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Melissa Richards, Quoted in Credit Chronometer
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January 21, 2020 Credit Chronometer A Housing Policy Wish List under a Biden/Harris Administration By: Joseph Cioffi “2020 (and, by the looks of it, 2021) […]
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23
Dec
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Buchalter Represents Brookfield Residential Properties, Inc. in New Joint Venture
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Buchalter’s Melissa Richards represented North American land developer and homebuilder, Brookfield Residential Properties, Inc, as regulatory counsel in its joint venture with loanDepot, one of […]
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Presentation
Melissa Richards, Panelist at Star One Credit Union 2024 Real Estate Forecast
October 16th, 2024
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Publication
Lenders Must Prep For Ga. Commercial Financing Disclosures
October 30th, 2023
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Publication
Georgia Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024
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August 29th, 2023
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Publication
Florida Enacts Commercial Financing Disclosure Law, Mandatory Compliance Date January 1, 2024
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July 17th, 2023
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Publication
NY DFS Publishes Final Regulation Implementing Article 8, New York State’s Commercial Finance Disclosure Law
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February 13th, 2023
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Publication
California DFPI Publishes Final Commercial Loan Disclosure Regulations
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June 13th, 2022
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Publication
CFPB Extends Compliance Deadline for New Qualified Mortgage Definition to October 1, 2022
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April 28th, 2021
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Publication
Buchalter COVID-19 Client Alert: DFPI Reminds Debt Collectors about Rental Protections for COVID-19 Rental Debt
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April 28th, 2021
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Publication
California DFPI Publishes Notice of Proposed Rulemaking for Debt Collector Licensing
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April 26th, 2021
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Publication
Revising the New General QM Final Rule and Seasoned QM Final Rule: CFPB Expected to Postpone the Mandatory Compliance Date for the New General QM Final Rule and New Seasoned QM Final Rule and Temporarily Keep the GSE QM Loan Definition in Place, and Will Consider Revising the Seasoned QM Rule and Other Portions of the New QM Final Rule
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February 25th, 2021
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Publication
CFPB Acting Director Considering Delay in New Qualified Mortgage Rule
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February 5th, 2021
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Presentation
Michael Flynn and Melissa Richards, Presenters at the CA State Bar Financial Institutions Committee
January 12th, 2021
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Presentation
Melissa Richards, Speaker at California MBA
January 12th, 2021
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Publication
Artificial Intelligence and Fair Credit Decisioning: Federal Regulators Lean In
January 6th, 2021
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Publication
Coming in 2021: CFPB Finalizes Changes to “Qualified Mortgage” Definition and Creates a New “Seasoned QM” Loan Category
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December 17th, 2020
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Publication
California Enacts Consumer Debt Collector Licensing Administered by DFPI
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December 4th, 2020
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Publication
CA DFPI One Step Closer to Finalizing CFL Commercial Loan Disclosure Regulations
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November 24th, 2020
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Publication
CA DFPI Issues Third Round Proposed Rules for CFL License Transition to NMLS Platform
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November 19th, 2020
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Presentation
Melissa Richards, Presenter at ComplianceEase
October 13th, 2020
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Webinar
Webinar: ComplianceEase Risk & Compliance Series
October 13th, 2020
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Presentation
Melissa Richards, Speaker at California Mortgage Bankers Association
December 2nd, 2019
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Presentation
Melissa Richards, Speaker at Mortgage Bankers Association
July 10th, 2019
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Publication
Artificial Intelligence and Fair Credit Decisioning: Federal Regulators Lean In
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June 1st, 2019
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Publication
The California Consumer Privacy Act of 2018 (CCPA) What it means for the Financial Services Industry
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June 1st, 2019
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Publication
Happy New Year! California Legislation Addresses Financial Services Industry in 2019 and Beyond
December 29th, 2018
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Publication
California Regulator Focuses on Small Balance Consumer Lenders (and Indirectly on Online Lead Generators)
October 17th, 2018
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Presentation
Melissa Richards, Speaker at MCPAOA Conference
July 1st, 2018
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Podcast
Global M&A Podcast Series – October 2019
October 1st, 2019
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Podcast
Impact of the California Consumer Privacy Act (CCPA) in M&A Transactions
October 11th, 2019
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Podcast
Business Law Roundtable Podcast: Introduction
December 9th, 2020
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- Represents non-depository clients in regulatory examination preparation and defense for federal CFPB and California DFPI examinations.
- Defense counsel for non-depository licensing clients in administrative investigation and enforcement actions before CA DFPI, CA DRE.
- Serves as licensing counsel on initial licensing, licensing administration and annual reporting compliance matters before multistate licensing regulatory agencies including CA DFPI, CA DRE. Collaborates with clients to prepare business plans that comport with and support licensable activities in a given state.
- Recognized industry expert on California Commercial Financing Disclosure Law and developer of master disclosure forms for all classes of “covered” commercial financing programs under CA DFPI regulations.
- RESPA counsel to mortgage clients, real estate developers and brokerage, settlement service providers, and other service providers on a variety of business arrangements including mortgage joint ventures and lead referral arrangements.
- Fair Lending Officer (as part of general counsel role) and outside counsel of mortgage Fair Lending compliance and risk management matters.
- As Fintech Company counsel, creator of BaaS customer facing agreements, terms and conditions, as well as B-to-B support agreements including Custodian and Bank Sponsor.
- As Multifamily Developer counsel, advise on California DRE compliance, CA land use, and alternative energy projects.
- As DRE Property Management counsel, work with internal Legal and Designate Officer personnel to prepare operating agreements, policies and procedures, and periodic reporting forms meeting DRE regulatory requirements.
- As Certified Mortgage Banker Designee, support national Mortgage Bankers Association and California Mortgage Bankers Association legislative and regulatory advocacy efforts, keeping financial services clients informed on legal and regulatory developments impacting their businesses.
CREDIT UNION REPRESENTATIVE MATTERS
- Charter conversion: represent California state credit union in its application to convert to federal charter under NCUA.
- Credit union merger & acquisition: represent California state credit union in its acquisition of another California state credit union, involving application and Plan of Merger submissions to CA Department of Financial Protection and Innovation as well as NCUA.
- Fintech related matters: represent California state credit union in forming a wholly owned subsidiary (“Program Administrator”) to offer Banking as a Service to cannabis related business operations. Prepare operating agreements for the subsidiary, such as Customer Terms of Service, Custodian Agreement. Prepare similar operating agreement for the credit union, namely Sponsor Bank Agreement and Custodian Agreement (for placement of excess deposits in third party depository institutions through a designated Custodian that is a Nevada chartered trust company).
- Represent California state credit union in its application to the Federal Reserve Bank of San Francisco
- Advise California state credit union and its BaaS subsidiary on FinCEN reporting cannabis related cash and financial services transactions (Money Laundering Control Act/Bank Secrecy Act compliance).
Ms. Richards earned her J.D., from University of San Francisco School of Law, and her B.A., from the University of California at Davis, in Agricultural and Managerial Economics.
- Fellow, American College of Mortgage Attorneys (2012-Present)
- Vice Chair, ACMA Multifamily, Regulatory and Residential Committee (2024)
- Past President (2018-2020) and Director (2016-2020), Artemis Rowing, a California non-profit corporation located in the City of Oakland, offering competitive and recreational youth rowing programs for students in Grades 6-12.
Additional Specialties
- Licensed CA Real Estate Broker, DRE License #02231854
- Certified Mortgage Banker Designation (2012), Mortgage Bankers Association
- Commercial and Residential Mortgage
- Real Estate Brokerage
- Development and Property Management
- Credit Unions