
Sherry-Maria Safchuk
Counsel
Biography
Sherry-Maria Safchuk is Counsel in the Los Angeles office of Buckley LLP. Ms. Safchuk represents clients in regulatory and compliance matters and provides support for complex litigation and government investigations involving the mortgage, consumer, and commercial lending industries. She also assists clients on privacy issues, including those related to the California Consumer Privacy Act (CCPA). Her clients include banks, mortgage originators and servicers, mortgage brokers, commercial lenders, bank holding companies, private equity firms, finance companies, debt collection companies, and related service providers.
Ms. Safchuk has significant experience in various regulatory, licensing, transactional, and compliance matters, including, among other things:
- Compliance with the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Equal Credit Opportunity Act (ECOA), the Home Mortgage Disclosure Act (HMDA), the unfair or deceptive acts or practices (UDAP) and the unfair, deceptive, or abusive acts or practices (UDAAP) provisions, the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and other federal laws that apply to mortgage lenders, brokers, and other service providers
- Regulatory analysis of federal and state privacy and data security laws including providing guidance regarding compliance with the Gramm-Leach-Bliley Act, California privacy laws (e.g., the California Consumer Privacy Act, California Financial Information Privacy Act, and the California Shine the Light Law), and other state privacy laws, and drafting privacy policy disclosures and website disclosures for banks, mortgage lenders, and fintech clients to comply with state and federal privacy laws
- Federal preemption of state consumer and commercial credit laws
- Licensing and regulatory compliance in connection with banker, lender, broker, consumer, and commercial loan laws
- Regulatory analysis regarding residential mortgage lending, reverse mortgage lending, commercial lending, real estate brokerage, and loan sales and purchases
- Assisting with all aspects of loan programs related to the Federal Housing Administration (FHA), the U.S. Department of Housing and Urban Development (HUD), U.S. Department of Veterans Affairs (VA), Rural Housing Service (RHS), Ginnie Mae, Fannie Mae, and Freddie Mac, including assessing risks associated with the False Claims Act (FCA) and Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA)
- Preparing comprehensive, high level, multistate surveys on various mortgage and license-related topics, including origination and servicing disclosure requirements, fair lending requirements, debt collection requirements, and interest on escrow requirements
Ms. Safchuk is a Certified Information Privacy Professional (CIPP/US). She was a member of the Mortgage Bankers Association’s 2016 class of Future Leaders and the California Mortgage Bankers Association’s 2014 class of Future Leaders.
Prior to joining Buckley, Ms. Safchuk was an Associate in private practice. She also clerked for the Honorable Jeanette J. Clark in the Superior Court of the District of Columbia. Ms. Safchuk received her J.D. from the George Washington University in 2008. During law school, she served on the editorial staff of the American Intellectual Property Law Association Quarterly Journal and was a volunteer mediator for the Consumer Mediation Clinic and Community Dispute Resolution. Ms. Safchuk received her B.A. from the University of Southern California in 2005.
In The News
Sherry-Maria Safchuk quoted in Bloomberg Law article, “Additional bills introduced in Illinois, Massachusetts, Minnesota; Virginia law’s approval may up the ante in other states, federally”
Sherry-Maria Safchuk discussed in the Bloomberg Law article “Additional bills introduced in Illinois, Massachusetts, Minnesota; Virginia law’s approval may up the ante in other states, federally” how the recent Massachusetts privacy bill is different than Virginia’s Consumer Data Protection Act...
In The NewsBuckley announces three counsel promotions for 2020
WASHINGTON, D.C. (Jan. 2, 2020) – Buckley LLP today announced the promotion of three associates to counsel, effective Jan. 1, 2020. “These three attorneys have demonstrated outstanding commitment to the firm and have regularly delivered exemplary support for our clients,” said Benjamin B. Klubes,...
Press Releases
Publications
"6 key ways the California Privacy Rights Act of 2020 would revise the CCPA" by Amanda R. Lawrence, Sherry-Maria Safchuk, Garylene D. Javier, and John Georgievski (Corporate Compliance Insights)
The California Consumer Privacy Act (CCPA), the state’s landmark privacy regulation, became effective only eight months ago – and yet, the California Privacy Rights Act of 2020 (CPRA), a modified version of the CCPA, has garnered enough support to appear on the November 2020 ballot in California...
Articles"Implementing the CCPA regulations: Are you ready?" by Amanda R. Lawrence, Elizabeth E. McGinn, and Sherry-Maria Safchuk (Cybersecurity Law Report)
The final regulations under the California Consumer Privacy Act, introduced by the California Attorney General last October, became effective on August 14, 2020. The AG has already implemented many of the changes suggested in the public comments, but there are still several open questions that...
Articles"Data security best practices for licensed lenders' telework" by Sherry-Maria Safchuk and James C. Chou (Law360)
State-licensed/registered brokers, lenders and servicers have increased their focus on data security as the spread of COVID-19 has extended work-from-home orders, and what now seems to be a lasting acceptance of remote work means that the tools used to secure data will remain relevant when the...
Articles"The truth about the California Consumer Privacy Act: Debunking three common misconceptions" by Amanda R. Lawrence, Moorari K. Shah, Sherry-Maria Safchuk, and Doris Yuen (Equipment Leasing & Finance Magazine)
The highly-anticipated California Consumer Privacy Act (CCPA) took effect on Jan. 1, 2020, and many businesses are scrambling to understand the applicability of the CCPA’s expansive obligations. The CCPA provides California consumers with the following rights: The right to know and access the...
Articles"The Home Mortgage Disclosure Act: Common compliance challenges" by Sherry-Maria Safchuk (The Review of Banking & Financial Services)
Since 2015, financial institutions have been inundated with reviewing and implementing numerous changes to the Home Mortgage Disclosure Act (“HMDA”) as required by the Dodd-Frank Act. The act transferred HMDA rulemaking authority to the Bureau of Consumer Financial Protection (“Bureau”), added new...
ArticlesSpecial Alert: D.C. Circuit Panel Rejects CFPB's RESPA Interpretation and Alters its Structure in PHH Corp. v. CFPB
On October 11, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating a $109 million penalty imposed on PHH Corporation under the anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA), concluding that the CFPB...
Articles5 Tips to Prepare for New HMDA Reporting
Last October, the Consumer Financial Protection Bureau published a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act. The CFPB drafted the amendments in response to specific congressional directives in the Dodd-Frank Wall Street Reform and Consumer Protection Act,...
Articles
Practice Areas
- Alternative Finance
- Bank Counseling & Compliance
- Consumer Finance
- Consumer Financial Protection Bureau
- Debt Collection & Buying
- Fair Lending
- False Claims Act & FIRREA
- Fintech
- Formation, Charter & Structure
- Licensing
- Mortgages
- Privacy, Cyber Risk & Data Security
- Unfair, Deceptive, or Abusive Acts or Practices
- Vendor Management
Education
- J.D., George Washington University, 2008
- B.A., University of Southern California, 2005
Admissions
- California
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
Government Service
- Law Clerk, Hon. Jeanette J. Clark, Superior Court, District of Columbia
Memberships & Involvements
- CIPP/US-certified professional, International Association of Privacy Professionals