Josh Kotin is Counsel 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.
Joshua Kotin discussed “The Brave New World of UDAAP” at the CUNA Governmental Affairs Conference on Monday, February 27, 2017 in Washington, DC. Click here to learn more about the event .Speaking Engagement
Katy Ryan and Joshua Kotin discussed "Trends in CFPB Mortgage Examinations & Handling the Exam" at the 2017 RegList Workshop - Winter Edition in San Diego, CA, on Thursday, February 2, 2017. Click here to learn more about the event .Speaking Engagement
Joshua Kotin spoke on the "HMDA: Changes are Coming" panel at the Illinois Mortgage Bankers Association's Regulatory Compliance Update on Wednesday, November 2, 2016 in Oak Brook, IL. Click here to learn more about the event .Speaking Engagement
National Business Institute Seminar: Top RESPA, TILA and HMDA Oversights: What the CFPB and State Regulators Are Currently Looking For
Josh Kotin spoke at the National Business Institute’s seminar, Top RESPA, TILA and HMDA Oversights: What the CFPB and State Regulators Are Currently Looking For, on Thursday July, 16, 2015 in Naperville, IL. Mr. Kotin spoke on four panels: “CFPB’s RESPA Section 8 Enforcement...Speaking Engagement
National Business Institute Webinar: Coping with the RESPA & TILA Mortgage Servicing Requirements and Navigating the CFPB Examination Process
Michelle Rogers and Josh Kotin spoke on the National Business Institute webinar, “Coping with the RESPA & TILA Mortgage Servicing Requirements and Navigating the CFPB Examination Process,” on Tuesday, June 23, 2015. Click here to learn more about this event...Speaking Engagement
Caitlin Kasmar and Josh Kotin spoke on the National Business Institute webinar, “Avoiding RESPA’s Myriad Origination-Related Pitfalls,” on Tuesday, April 28, 2015. Click here to learn more about this event ...Speaking Engagement
Joshua Kotin spoke at the National Business Institute's Consumer Finance Law seminar on December 5, 2014. He presented on regulatory and enforcement developments regarding fair lending, vendor management, the Servicemembers Civil Relief Act, and the Fair Credit Reporting Act. Click here to learn...Speaking Engagement
Joshua Kotin spoke at the Chicago Bar Association Consumer Credit Committee's Regulatory Update on December 3, 2014. His panel was titled "Fannie Mae 101 & Regulatory Updates: Fair Lending Enforcement, Financial Institution Vendor Management Expectations, SCRA and FCRA." Click here to learn...Speaking Engagement
Joshua Kotin spoke at the Illinois Mortgage Bankers Association's Mortgage/Regulatory Update on March 26, 2014 in Lyons, IL. He spoke on the Lenders Discussion panel, discussing how to prepare for a CFPB examination and developing a mortgage quality control program.Speaking Engagement
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
Josh Kotin was quoted in the Law360 article, "10 Associates on the Secret to Success" on Thursday, December 24, 2015. "Share the love. Partners want solid work product — something that can be passed to the client without additional fuss. While I often deliver the product to the partner, rarely am I...In The News
On October 8, 2015, the Consumer Financial Protection Bureau (“CFPB”) published a compliance bulletin providing guidance to mortgage industry participants regarding the permissibility of marketing services agreements (“MSAs”) under the Real Estate Settlement Procedures Act (“RESPA”). The bulletin...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