Josh Kotin is Partner in the Chicago office of Buckley LLP. Mr. Kotin routinely assists banks, nonbanks, other financial services providers, and private equity sponsors with federal and state regulatory and enforcement matters.
Mr. Kotin also routinely advises on compliance with various federal and state banking and consumer finance statutes, including the Consumer Financial Protection Act (CFPA), National Bank Act, Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Servicemembers Civil Relief Act (SCRA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), Fair Housing Act, Fair Debt Collection Practices Act, and the privacy provisions of the Gramm-Leach-Bliley Act. He also has provided advice on compliance with the interpretation of mortgage investor guidelines, including requirements pertaining to Fannie Mae, Freddie Mac, and the Federal Housing Administration.
In recent years, Mr. Kotin has:
- Participated on due diligence teams to assess regulatory risks related to the acquisition of financial services entities, including mortgage originators and servicers
- Defended banks and nonbanks against claims of lending discrimination under the ECOA and Fair Housing Act. Allegations have included claims related to pricing discrimination, underwriting discrimination, and redlining
- Conducted compliance and fair lending risk assessments for financial institutions, including with respect to entities offering mortgages, auto loans, credit cards, student loans, and personal loans
- Advised institutions on managing regulatory examinations and responding to reports of examination, including examinations involving the Consumer Financial Protection Bureau (CFPB)
- Developed responses to CFPB pre-enforcement and enforcement matters, including advising on self-disclosures and responding to Proposed Action and Request for Response (PARR) and Notice and Opportunity to Respond and Advise (NORA) letters
- Assisted financial institutions in constructing compliance management and quality control programs, including providing advice to a large national bank regarding its entity-wide SCRA compliance program
- Provided legal support to financial institutions creating vendor or third-party risk management programs to meet the expectations of the Office of the Comptroller of the Currency (OCC) and Federal Reserve Board (FRB)
Mr. Kotin co-authored the “Fair Lending Litigation” chapter of the Litigation Services Handbook: The Role of the Financial Expert (2017), which discusses strategies for assessing fair lending risk and analyzing claims of discrimination with respect to underwriting, pricing, and redlining. In 2013 Mr. Kotin completed the Mortgage Bankers Association Future Leaders Program and in 2012 was the Young Lawyer Liaison to the Compliance Management Subcommittee of the American Bar Association’s Consumer Financial Services Committee.
During law school, Mr. Kotin served as a law clerk at the Financial Services Committee in the U.S. House of Representatives. Prior to attending law school, Mr. Kotin was a legislative analyst at a political consulting firm in Washington, D.C., advising financial institutions on issues pertaining to bank capital standards and housing finance.
Mr. Kotin received his J.D. from the George Washington University Law School in 2009. He received his B.A. from Williams College in 2003.
WASHINGTON, DC (April 7, 2020) – Buckley LLP announced that Heidi M. Bauer, Kari K. Hall, H. Joshua Kotin, Susanna K. Sedrak, and Moorari K. Shah have been promoted from counsel to partner. "These five individuals consistently display outstanding legal skills and excellent judgment, and have earned...Press Releases
WASHINGTON, DC (January 9, 2017) – BuckleySandler LLP, a premier financial services, government enforcement, and litigation law firm, today announced the promotion of eight associates in four of its offices to counsel, and one of its regulatory attorneys to associate, effective January 1, 2017. “We...Press Releases
"CFPB makes it clear: Fair servicing is back, for real this time" by Jonice Gray Tucker and H Joshua Kotin (HousingWire)
A new presidential administration and a clarion call from the Consumer Financial Protection Bureau has transformed fair servicing from a seemingly remote risk into a front and center mandate. After the 2008 financial crisis, regulators enhanced long-standing fair lending examination guidelines to...Articles
"CFPB order offers insight into pandemic mortgage servicing" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
The U.S. Consumer Financial Protection Bureau in December issued a consent order based on alleged violations of its 2014 mortgage servicing regulations. The consent order, which also bootstraps claims of unfairness and deception to alleged technical violations of the servicing regulations —...Articles
"CFPB credit stance has broad specialty finance implications" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
The Consumer Financial Protection Bureau issued an advisory opinion at the end of November that could compel specialty-finance companies — including those offering income-share agreements, litigation funding, merchant cash advances and earned wage access products — to take a fresh look at whether...Articles
"Educational tools may bring regulatory risk for fintech cos." by H Joshua Kotin, Michelle L. Rogers, and Kathryn R. Goodman (Law360)
Financial services providers are increasingly combining delivery of products and services with advice designed to help consumers make better-informed financial decisions. Fintech companies, which typically rely upon data and analytics as fundamental components of their business proposition, should...Articles
"Ruling on anti-hacking law may guide fair lending tests" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
Regulators, consumer groups, academics and private litigants are grappling with the fair lending implications of the credit models powering the explosive growth in online lending by banks and financial technology firms. The U.S. District Court for the District of Columbia in late March concluded...Articles
"HUD’s disparate impact proposal clarifies fair lending laws" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
The U.S. Department of Housing and Urban Development last month released its long-anticipated proposal to revise its disparate impact rule under the Fair Housing Act. Although the proposal has attracted some criticism from those who believe the proposal would make it more difficult for plaintiffs...Articles
Awards & Recognitions
- MBA Future Leader (2013)
- Young Lawyer Liaison to the ABA Consumer Financial Services Committee, Subcommittee on Compliance Management (2012-2013)
- J.D., George Washington University, 2009
- B.A., Williams College, 2003
- District of Columbia