Melissa Klimkiewicz is dedicated to providing pragmatic, comprehensive, and timely guidance to her financial services industry clients, which primarily include mortgage lenders and servicers. A Partner in Buckley Sandler LLP’s Washington, DC office, Ms. Klimkiewicz frequently assists Federal Housing Administration (FHA) mortgagees with their initial program applications, annual recertification efforts, compliance with and understanding of program rules and self-reporting obligations, audits by the Quality Assurance Division (QAD), inquiries from the Office of Inspector General (OIG), and enforcement actions by the Mortgagee Review Board. She represents both forward mortgage and reverse mortgage / Home Equity Conversion Mortgage (HECM) lenders and servicers.
She performs similar work for matters involving Ginnie Mae, the U.S. Department of Housing and Urban Development (HUD) Section 184, the U.S. Department of Veterans Affairs, and the U.S. Department of Agriculture Rural Housing Service loan programs. In recent years, her work has increasingly included assisting clients with False Claims Act (FCA)-based risk assessments arising from participation in government lending programs.
In addition, Ms. Klimkiewicz’s practice focuses on the mandatory purchase of flood insurance requirements under the Flood Disaster Protection Act. She regularly advises lenders and servicers on the ins and outs of the federal banking agencies’ evolving flood insurance-related regulations and guidance, as well as FHA, Fannie Mae, Freddie Mac, and state flood insurance requirements.
Ms. Klimkiewicz’s practice also includes counseling clients in matters arising under the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Mortgages Acts and Practices Rule (MAP), the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE) and related state licensing laws, state regulation of real estate brokers and property managers, and the range of other federal and state consumer financial laws impacting lending and servicing.
Recent noteworthy matters include:
- Assisting numerous clients with FHA compliance reviews, self-reporting, filing of Notices of Material Events, filing of Annual Certifications, and responding to audits and enforcement actions, including through meetings with appropriate agency personnel where appropriate
- Developing policies and procedures, and responding to targeted questions, to foster compliance with the mandatory purchase of flood insurance requirements within lenders’ and servicers’ lines of business
- Reviewing mortgage application and closing disclosures for compliance with federal and state requirements and industry best practices, and suggesting revisions as needed
- Analyzing state real estate licensing requirements for providers operating in numerous states, and assisting with obtaining required licenses
- Developing a protocol for efficient review of standard and non-standard mortgage security instruments and notes to determine whether certain default servicing fees could be assessed to a borrower
Ms. Klimkiewicz is a former Co-Chair (2014-2017) and Co-Vice Chair (2011-2014) of the Housing Finance Subcommittee of the American Bar Association’s Consumer Financial Services Committee, and serves as a board member for a Montana non-profit affordable housing and financial education provider.
Prior to joining Buckley Sandler, Ms. Klimkiewicz was an Associate at Howrey LLP, and was a law clerk at Buckley Kolar LLP while attending law school. She received her J.D. from The George Washington University and her B.A. from the University of Pennsylvania.
Buckley Sandler Webcast: After the Hurricane – What Mortgage Companies Can Do To Help Their Customers and Comply with the Law
In the wake of Hurricane Harvey, and with Hurricane Irma close behind, mortgage companies are navigating complex and time-sensitive issues as they work to aid borrowers in disaster-affected areas while still meeting their compliance obligations. Partners Ben Olson , Melissa Klimkiewicz , and...Speaking Engagement
Melissa Klimkiewicz and Brandy Hood discussed "Flood Insurance Compliance Challenges" at the National Mortgage Servicing Conference & Expo 2017 in Dallas, TX, on Thursday, February 16, 2017. Click here to learn more about the event.Speaking Engagement
The Federal Housing Administration’s (FHA) annual recertification deadline is around the corner and the certification language is new. Are you ready? Join a guest speaker from FHA’s Lender Approval and Recertification Division, and Buckley Sandler partners Michelle Rogers , Melissa Klimkiewicz ,...Webcast
Michelle Rogers, Ross Morrison, and Melissa Klimkiewicz spoke on the American Bar Association's Consumer Financial Services Committee Monthly Call-In Program on Wednesday, May 25, 2016. Their panel was titled "Litigation and Enforcement Update: Applying the False Claims Act and FIRREA to Mortgage...Speaking Engagement
Mortgage Bankers Association Commercial/Multifamily Servicing & Technology Conference: Flood Insurance
Melissa Klimkiewicz spoke at the Mortgage Bankers Association Commercial/Multifamily Servicing & Technology Conference on Monday, May 23, 2016 in Dallas, TX. Her panel was titled "Flood Insurance."Speaking Engagement
National Flood Conference: Regulatory Change: Lender and State Regulator Challenges and Customer Care Opportunities
Melissa Klimkiewicz spoke at the National Flood Conference on Wednesday, May 18, 2016 in Washington, DC. Her panel was titled "Regulatory Change: Lender and State Regulator Challenges and Customer Care Opportunities." Click here to learn more about the event.Speaking Engagement
ABA Business Law Section Conference 2016: Keeping Up with the Joneses - A Comparison of Mortgage Markets and How They Are Regulated in the U.S. and Canada
Melissa Klimkiewicz and Jeffrey Naimon spoke at the American Bar Association's Business Law Section 2016 Conference on Saturday, April 9, 2016 in Montreal. Their panel was titled "Keeping Up with the Joneses - A Comparison of Mortgage Markets and How They Are Regulated in the U.S. and Canada."...Speaking Engagement
Amanda Raines Lawrence and Melissa Klimkiewicz spoke on the ATS Secured webinar, "Mortgage Repurchase & Indemnification Demands Including TRID’s Impact," on Tuesday, March 22, 2016. In this free webinar, you’ll hear how to deal with new demands on the mortgage industry where lenders are facing...Speaking Engagement
Mortgage Bankers Association Mortgage Servicing Conference & Expo 2016: Servicers' Guide to Flood Insurance Requirements
Melissa Klimkiewicz and Brandy Hood spoke at the Mortgage Bankers Association Mortgage Servicing Conference and Expo 2016 on Thursday, February 18, 2016. Their panel was titled "Servicers' Guide to Flood Insurance Requirements." Click here to learn more about this event.Speaking Engagement
The Federal Housing Administration’s ("FHA") annual recertification deadline is fast approaching. Are you prepared? Join Buckley Sandler attorneys Michelle Rogers , Melissa Klimkiewicz , and Katy Ryan as they help mortgagees navigate the FHA annual recertification process. After several years of...Webcast
Join Buckley Sandler partner Melissa Klimkiewicz and associate Brandy Hood for a follow-up to our October 29, 2015 Flood Insurance Compliance Update webcast. During this session, we will take another look at the new final mandatory purchase of flood insurance regulations, with a focus on answering...Webcast
Please Join Us for a Complimentary Webcast: Flood Insurance Compliance Update The mandatory purchase of flood insurance requirements have changed significantly over the past few years, in large part due to the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, the Homeowner Flood...Webcast
Melissa Klimkiewicz, John Kromer, Andrea Mitchell, and Michelle Rogers spoke at the Buckley Sandler CFPB Today 2015 conference on Monday, October 26, 2015 in Washington, DC. Their panel was titled “Examination Themes, Trends, and Hot Topics.”Speaking Engagement
American Bankers Association Briefing Webinar Series: New CFPB Mortgage Origination Rules, Part 1: ATR/ QM: Minimizing Examination Risk, Part I
Sherry-Maria Safchuk and Melissa Klimkiewicz will speak on the American Bankers Association Briefing webinar series: New CFPB Mortgage Origination Rules on Thursday, February 26, 2015. Their presentation is titled “ATR/ QM: Minimizing Examination Risk, Part I.”Speaking Engagement
It has been more than 20 years since Bill Murray played Phil Connors – the Groundhog Day character who wakes up on February 2nd over and over and over. When preparing your annual FHA certifications, it may feel like you have more in common with Phil Connors than you care to admit. Early this year,...Webcast
The Rise of Claims Arising Under the False Claims Act and FIRREA Against Mortgage Lenders and Servicers, A Look at the Law and the Litigation
Melissa Klimkiewicz moderated a panel titled "The Rise of Claims Arising Under the False Claims Act and FIRREA Against Mortgage Lenders and Servicers" at the American Bar Association’s Consumer Financial Services Committee’s Winter Meeting in Park City, UT on January 14. The program explored how...Speaking Engagement
Melissa Klimkiewicz moderated a panel on Consumer Finance Litigation: Implications of Recent Supreme Court Decisions and CFPB Actions for the American Bar Association’s Consumer Financial Services Committee’s Housing Finance Subcommittee Monthly Program held on August 14. The program...Speaking Engagement
Melissa Klimkiewicz quoted in Reverse Mortgage Daily article, “Managing the new online reverse mortgage advertising landscape”
Melissa Klimkiewicz was quoted on March 28, 2018 in a Reverse Mortgage Daily article, “Managing the new online reverse mortgage advertising landscape,” which discussed the need for reverse mortgage businesses to advertise online, as well as the compliance issues that these companies need to observe...In The News
Buckley Sandler LLP hosted its second annual CFPB Today conference in Washington, DC October 25-26, 2015. The two-day event featured an evening of interactive roundtable discussions on CFPB trends, followed by a full day of seminars and breakout sessions. The roundtables and seminars were led by...Press Releases
New partners Melissa Klimkiewicz, Jon David D. Langlois, Aaron Mahler, Adam Miller, and Ross Morrison were noted in Law360's article, "Law360 Names Attorneys Who Moved Up the Firm Ranks in Q2," on July 10, 2015. Click here to view the article at www.law360.com (subscription required).In The News
WASHINGTON, DC (May 26, 2015) – Buckley Sandler LLP, a leading financial services and litigation & enforcement law firm, has promoted Melissa Klimkiewicz , Jon David D. Langlois , Aaron C. Mahler , Adam Miller and Ross E. Morrison to its partnership, effective May 1, 2015. “Our new partners...Press Releases
Melissa Klimliewicz Quoted in Inside Mortgage Finance Article, "FHA Experts Doubt Whether Assessment of Underwriting Defects Can Be Simplified, Clear Guidance Remains to Be Seen"
Melissa Klimkiewicz was quoted in the Inside Mortgage Finance article "FHA Experts Doubt Whether Assessment of Underwriting Defects Can Be Simplified, Clear Guidance Remains to Be Seen" on October 2, 2014. The proposal has tolerance thresholds to differentiate small and large errors, and lenders...In The News
Melissa Klimkiewicz and Brandy A. Hood Authored a Law360 Article, "Managing Flood Risk When '1,000-Year' Floods Seem Common"
Hurricane Harvey is the most significant in a recent series of catastrophic coastal and riverine floods impacting communities across the United States. This “1,000-year flood” follows two consecutive years of “500-year” floods in Houston, and Houston is not alone. Just ask Missourians about the “1,...Articles
Melissa Klimkiewicz, Kathryn L. Ryan, and Kathryn R. Goodman Authored a National Mortgage News Article, "State Regulators Have Their Eye on Reverse Mortgage Lenders"
The U.S. population is aging, and one of the well-established components of the American dream — buying and owning a home — appears poised to aid in the baby boomers' next phase of life. In fact, an increasing number of older Americans are expected to tap into their home equity to fund their living...Articles
Mortgage Compliance Magazine - NFIP Reauthorization and Reform: Are More Changes Coming to Lenders' Flood Insurance Requirements
The National Flood Insurance Program (NFIP or the Program) will expire on September 17, 2017, unless it is timely reauthorized. Because the Program is $23 billion in debt, there is significant speculation regarding whether and how Congress may restructure the Program this year. Changes to the NFIP...Articles
On August 4, the CFPB issued its long-awaited final amendments to the mortgage servicing provisions of Regulations X and Z. The Bureau had sought comment on the proposed rule in December 2014, more than 18 months ago. Spanning 900 pages, the final rule makes significant changes that will impact...Articles
On Friday, the CFPB issued its much anticipated proposal to amend the KBYO/TRID rule. The CFPB crowded dozens of proposed changes into the almost 300 page proposal, most of which are highly technical and require careful examination. As the Bureau has signaled since its intention to issue amendments...Articles
With sighs of relief, the vast majority of Federal Housing Administration (FHA) mortgage insurance program participants completed the fiscal year 2015 annual recertification process. The process requires attesting to 10 broad and somewhat ambiguous statements regarding the mortgagee’s compliance...Articles
Director Cordray announced yesterday in a letter to industry trade groups that the CFPB has "begun drafting a Notice of Proposed Rulemaking (NPRM) on the Know Before You Owe Rule.” However, contrary to some reports, the proposal is not imminent. Instead, Director Cordray stated that the Bureau “...Articles
ESCROW PROVISIONS The Final Flood Rule also imposes new requirements related to the escrow of flood insurance premiums and fees. Previously, flood insurance premiums and fees were required to be escrowed if (1) any taxes, insurance premiums, fees, or other charges were required to be escrowed; and...Articles
On December 29, 2015, CFPB Director Richard Cordray issued a letter in response to concerns raised by the Mortgage Bankers Association regarding violations of the CFPB’s new TILA-RESPA Integrated Disclosure (“TRID”) rule, also known as the Know Before You Owe rule. In an effort to address concerns...Articles
The past few years have brought about a steady stream—if not quite a flood—of changes to the federal mandatory purchase of flood insurance requirements (mandatory purchase requirements). Most recently, on July 21, 2015, the federal banking agencies (Agencies) published a joint final regulation (...Articles
The fifth edition of the Practising Law Institute’s Consumer Financial Services Answer Book was published this month, with 29 Buckley Sandler attorneys contributing to this leading desk reference. The 2016 edition of the Consumer Financial Services Answer Book continues to provide practitioners...Articles
The CFPB finalized a rule today that delays the effective date of the TILA-RESPA Integrated Disclosure (“TRID”) rule, including all amendments, from August 1 to October 3, 2015 . This is consistent with the proposed rule issued last month, which we wrote about here . The CFPB considered...Articles
In recent years, servicing U.S. Federal Housing Administration-insured loans has become risky business. The U.S. Department of Housing and Urban Development has heightened its monitoring and enforcement, with servicers experiencing increased Quality Assurance Division (QAD) reviews, HUD Office of...Articles
The CFPB issued a proposed rule today to delay the effective date of the TILA-RESPA Integrated Disclosure (“TRID”) rule, including all amendments, from August 1 to October 3, 2015. The proposed delayed effective date is two days later than the date announced last week so that the effective date...Articles
Two weeks after declining requests from industry and members of Congress for delayed enforcement of the TILA-RESPA Integrated Disclosure (“TRID”) rule, the CFPB announced today that it will be issuing a proposed amendment to delay the rule’s effective date from August 1 to October 1, 2015. CFPB...Articles
Buckley Sandler lawyers played a prominent role in the publication of this leading desk reference on consumer financial services, published by the Practising Law Institute. The 2015 edition of this publication continues to provide practitioners with a core understanding of the laws governing...Articles
For 45 years, the U.S. Department of Housing and Urban Development (HUD) has been charged with administering the Fair Housing Act's (FHA) prohibitions on housing discrimination based on race, color, religion, sex, and national origin. In 1988, the Fair Housing Amendments Act modified the FHA to (1...Articles
It’s that time of year again. No, not spring break; the Federal Housing Administration’s ("FHA") annual recertification deadline is upon us (or, more specifically, FHA program participants). The good news is that, this year, mortgagees with a December 31st fiscal year end will have some extra time...Articles
- J.D., George Washington University, 2004
- B.A., University of Pennsylvania, 2000 (magna cum laude)
- District of Columbia
- Montana (voluntarily inactive)
- New York