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Sherry-Maria Safchuk

Partner

Santa Monica

Sherry-Maria Safchuk represents clients in regulatory and compliance matters and provides support for government examinations and investigations involving the mortgage, consumer and commercial lending industries. She assists clients on privacy and cybersecurity issues, including those related to the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA) and state privacy laws such as the California Consumer Privacy Act (CCPA). She also partners with clients to develop practical, legal-compliance strategies for deploying artificial intelligence and guides them through complex regulatory requirements and risk management.

Sherry’s clients include banks, mortgage originators and servicers, mortgage brokers, commercial lenders, bank holding companies, private equity firms, investment advisors, investment managers, finance companies, fintechs, consumer reporting agencies, data brokers, debt collection companies and related service providers.
She is a Certified Information Privacy Professional (CIPP/US), and 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 Orrick, Sherry was a partner at Buckley LLP. She has been an associate in private practice. She also clerked for the Honorable Jeanette J. Clark in the Superior Court of the District of Columbia.

  • Sherry has significant experience in various regulatory, licensing, compliance and transactional 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), and other federal laws that apply to mortgage, commercial, and consumer lenders, brokers, fintechs, and other service providers
    • Regulatory analysis of federal and state privacy and cybersecurity laws including providing guidance regarding compliance with the GLBA, the FCRA, California privacy laws (e.g., the California Consumer Privacy Act, California Financial Information Privacy Act, the California Shine the Light Law, the Vermont Financial Information Privacy Act), and other state privacy laws (e.g., Virginia, Colorado, Utah, and Connecticut privacy laws), including assisting with data mapping, drafting privacy notices and related disclosures, preparing privacy and cybersecurity policies and procedures, and responding to data subject access requests and requests to exercise privacy rights for all types of clients to comply with state and federal privacy laws
    • Advise on the concept of “dark patterns” on websites and application flows, and the implications under UDAAP and state unfair and deceptive acts or practices provisions
    • Federal preemption of state consumer and commercial credit laws
    • Licensing and regulatory compliance in connection with banker, lender, broker, loan originator, and money transmitter license laws
    • Regulatory analysis regarding residential mortgage lending, commercial lending, consumer lending, real estate brokerage, reverse mortgage lending, loan sales and purchases, and money transmission (including in connection with cryptocurrency)
    • 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

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