Federal Agencies

Browse articles from all of our Newsletters related to Federal Agencies.

November 12, 2018 - Inside the CFPB

Other News in Brief: Former CFPB Director; HMDA Guide; Semi-Annual Report; Military Lending Act

Former CFPB Director Loses in the Ohio Governor’s Race. Former CFPB Director Richard Cordray lost in the Ohio governor’s race last week. Republican Attorney General Mike DeWine led a GOP sweep of statewide nonjudicial offices. In his campaign, Cordray boasted of his record reining in Wall Street during his tenure at the CFPB. He worked as the CFPB director from its inception until 2017, when he quit to run for governor of the Buckeye State [Includes four briefs] ...


November 12, 2018 - Inside the CFPB

CFPB May Tackle Data Integrity in Upcoming Debt Collection Rule

The CFPB’s recent complaint snapshot report hinted at a possible focus of the upcoming debt collection rules, said attorneys. Credit reporting, debt collection, and mortgage continued to be the three categories that drew the most consumer complaints, according to the report. Among public gripes regarding debt collection practices, some 40 percent said companies “attempt to collect debt not owed.” It is a significant trend, said attorneys, because Acting CFPB Director Mick Mulvaney ...


November 12, 2018 - Inside the CFPB

CFPB’s Info Security Program Improved in Incident Responses

The CFPB’s information security program has improved in the past year with more effective incident responses to detected cybersecurity events, according to a recent report from the bureau’s Office of Inspector General. On a scale of one to five, the CFPB’s overall information security program is operating at a level three or “consistently implemented.” Several activities are being performed at a higher level, according to the OIG. The major improvement ...


November 12, 2018 - Inside the CFPB

Employee Union Asks CFPB to Halt Fair Lending Office Restructuring

A union representing CFPB employees recently asked the agency to halt the reorganization of the fair lending office, alleging the bureau did not bargain with the union in good faith. The reorganization was announced in January, but the CFPB is still negotiating the matter with the National Treasury Employees Union. The NTEU in late October filed a mass grievance against the CFPB over its handling of racially tinged blogs posted by Eric Blankenstein


November 12, 2018 - Inside the CFPB

Court Stays Compliance Date of Payday Rule Pending Rulemaking

Lenders no longer need to start complying with the CFPB’s payday-lending rule on Aug. 19, 2019, a judge ruled. In an unexpected development, Judge Lee Yeakel of the U.S. District Court for the Western District of Texas Austin Division last week reversed his prior orders that denied the request to delay the compliance date of the payday rule. The case was filed by two industry groups – Community Financial Services Association of America and Consumer Service Alliance of Texas ...


November 12, 2018 - Inside the CFPB

Industry Calls for Rulemaking to Clarify the Role of Guidance

Industry groups last week petitioned the CFPB to issue formal rules on the role of supervisory guidance. The Bank Policy Institute and the American Bankers Association urged the bureau to codify its recent statement clarifying the role of supervisory guidance as a formal rulemaking under the Administrative Procedure Act. The CFPB joined other federal regulators in issuing a statement clarifying that supervisory guidance does not have the force and effect of law ...


November 12, 2018 - Inside the CFPB

S&P: Servicers Need to Keep Best Practices Despite Loosening Regs

S&P Global Ratings last week urged mortgage servicers to continue to follow the best practices established after the financial crisis, even as some federal regulators are adopting less assertive regulatory approaches. “While we believe the regulatory landscape has changed and that these actions offer some promising developments for servicers, this overture could still prelude some hurdles,” an S&P report said. “Since servicers have invested considerable capital ...


November 12, 2018 - Inside the CFPB

CFPB and FHFA Release First Edition of Loan-Level Dataset

The CFPB and the Federal Housing Finance Agency last week for the first time released survey results from the National Survey of Mortgage Originations, a loan-level dataset the two agencies administer jointly. The quarterly survey queries borrowers about their experiences getting a mortgage, their perceptions of the mortgage market, and future expectations among others. The data cover closed-end first-lien residential mortgages newly reported to one of the ...


November 12, 2018 - Inside the CFPB

Court Allows ABS Investors to Intervene in CFPB Case

A federal court recently allowed asset-backed securities investors to intervene in a case brought by the CFPB against securitization trusts. Industry participants said it is an important and favorable decision for the securitization industry. Back in September 2017, the CFPB brought an enforcement action against National Collegiate Student Loan Trusts regarding certain student loan debt-collection practices. While the CFPB acknowledged that subservicers – not the trusts themselves ...


November 12, 2018 - Inside the CFPB

Midterms for CFPB: New Director, More Congressional Oversights

The results of the 2018 midterm elections are sure to have implications for the CFPB. The questions are what and to what extent. One thing is almost for sure: the CFPB will have a new director – Kathy Kraninger – next year, because Senate Republicans netted three more seats, a comfortable 54-46 margin. “We will see a new leader at the CFPB in the next year and it will be interesting to see the interaction of that CFPB leadership with Congress ...


November 12, 2018 - Inside the CFPB

CFPB Exams Continue Apace Despite Its Seemingly Soft Touch

Acting CFPB Director Mick Mulvaney is perceived as someone who’s taking a softer touch on enforcement matters than his predecessor, but nonbank mortgage originators are still being examined at a regular clip, according to industry attorneys As for how many lenders are being examined each year, that’s a different matter. The agency, as a practice, does not disclose those figures. “We’ve had a significant number of nonbank clients get examined by the CFPB ...


November 2, 2018 - Inside FHA/VA Lending

QM Patch Expiration Could Shift More High-DTI Loans to FHA

Certain potential changes could materially affect origination volume and determine the government-sponsored enterprises’ direction going forward, according to analysts. One of those changes could have a significant impact on the FHA market. Wells Fargo Securities analysts recently looked at three potential developments in the Fannie Mae/Freddie Mac sphere and evaluated their effects on the broader mortgage market. Two of those potential changes – loan limits and guarantee fees – are controlled directly by the Federal Housing Finance Agency, while the third relates to the temporary GSE qualified-mortgage exemption, or “QM patch,” which could affect the FHA market. All three factors loom over the mortgage landscape as the FHFA expects a new director in January 2019, who is likely to be more right leaning and could shift the focus back to shrinking the ...


November 1, 2018 - Inside Mortgage Finance

MBA Members Urge CFPB to Relax, Clarify LO Comp Rule to Spur Lender Competition, Help Consumers

The Mortgage Bankers Association is pressing the Consumer Financial Protection Bureau to make reform of the loan-originator compensation rule a top priority.


October 25, 2018 - Inside Mortgage Finance

CFPB Considers Disparate-Impact Rulemaking That Attorneys Say Could Have Significant Impact

The Consumer Financial Protection Bureau hinted at possible future rulemaking on the use of the disparate-impact theory under the Equal Credit Opportunity Act. Attorneys said it would be a significant development in fair lending law.


October 19, 2018 - Inside FHA/VA Lending

VA Reboots QM Rule Following Passage of Dodd-Frank Reform Act

The Department of Veterans Affairs will begin a new rulemaking on qualified mortgages to conform to Dodd-Frank reform act mandates. Observers say the move is simply housekeeping, since the previous QM interim final rule (IFR) requirements were rendered moot with the enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act back in May. The new law, also known as the Dodd-Frank reform act, superseded the previous rule’s seasoning and recoupment requirements for VA Interest Rate Reduction Refinance Loans. Specifically, the act removed the category of rebuttable presumption for IRRRLs deemed as QM under the interim final rule. It also imposed new requirements that were not considered at the time the IFR was issued. The VA did not say whether changes were made ...


October 18, 2018 - Inside Mortgage Finance

CFPB Making Rules to Define ‘Abusive,’ But Experts Disagree on the Necessity of Doing so

The Consumer Financial Protection Bureau will issue a new rule that clarifies what lending practices will be considered “abusive,” said Acting CFPB Director Mick Mulvaney, speaking at the annual convention of the Mortgage Bankers Association this week.


October 15, 2018 - Inside the CFPB

CFPB to Define What’s ‘Abusive’ Under Its UDAAP Authority

The CFPB will start a rulemaking process to clarify what practices will be deemed “abusive” in the bureau’s sweeping authority to ban unfair, deceptive and abusive acts or practices, said Acting CFPB Director Mick Mulvaney. Speaking at the annual convention of the Mortgage Bankers Association in Washington this week, Mulvaney said Congress has defined “unfair” and “deceptive” practices fairly clearly, but the meaning of “abusive” is not well established in the law....


October 15, 2018 - Inside the CFPB

Other News in Brief: New Settlement; Senate in Recess; Discriminatory Mortgage Lending Charges; Town Hall Meeting

The CFPB recently settled with Bluestem, Eden Prairie, MN, over allegations that the group of firms unfairly delayed payment transfers to third-party debt buyers. The settlement will require the companies to pay a civil money penalty of $200,000. The CFPB alleged that the Bluestem companies, between 2013 and 2016, delayed forwarding payments for more than 31 days in 18,000 instances. In 3,500 of those instances, Bluestem allegedly delayed [Includes four briefs] ...


October 15, 2018 - Inside the CFPB

Consumer Complaints See Double-Digit Decline in the Third Quarter

Consumer complaints in all major categories saw double-digit declines in the third quarter compared to the second quarter, according to a new analysis by Inside the CFPB. Total gripes filed by the public with the CFPB dropped 11.4 percent from 2Q18 to 3Q18, mainly driven by an 18.9 percent sequential decline in home mortgage complaints. Complaints regarding credit cards dipped 11.4 percent, bank account problems were down 10.8 percent and ...


October 15, 2018 - Inside the CFPB

Waters Seeks to Get the CFPB Back to Obama-Era Operation

Rep. Maxine Waters, D-CA, ranking member of the House Financial Services Committee, introduced a bill to undo changes Acting CFPB Director Mick Mulvaney has made to the agency during his tenure. The legislation has no chance in the current session of Congress, but it would likely get on the fast track if Democrats win control of the House in the upcoming midterm elections. “My bill, the Consumer First Act, would reverse the harmful changes the Trump administration ...


October 15, 2018 - Inside the CFPB

Dems Ask How the Controversial Fair Lending Chief Was Hired

CFPB Acting Director Mick Mulvaney is resisting outside pressure to dump the controversial political appointee who now leads the agency’s fair lending activities. Eric Blankenstein has come under fire for racially tinged blogs he posted in 2004, where he stated that using the n-word may not necessarily be racist and a great majority of hate crimes were hoaxes. Senate Democrats are pushing Mulvaney to explain how Blankenstein was hired to be head of …


October 15, 2018 - Inside the CFPB

CFPB Drops Proposed Changes to Share Confidential Info With States

The CFPB has abandoned a controversial proposal to expand its disclosure of confidential information through Freedom of Information Act requests. Notably, a new final rule omits the whole part of a previous proposal that would have allowed the CFPB to share confidential information collected in supervisory events with any government agency it deems “relevant to the exercise of the agency’s statutory or regulatory authority.” Such agencies would ...


October 15, 2018 - Inside the CFPB

Administration Officials Continue Push for Coordination with States

A top CFPB official last week touted the agency’s strategy on fintech and innovation in financial services as a perfect fit with its emphasis on cooperating with state regulators. Paul Watkins, director of the CFPB’s Office of Innovation, said the bureau is taking unique steps to coordinate with state regulators in creating regulatory sandboxes for financial technology companies. He joined other government officials in making remarks at the Bank Policy Institute’s ...


October 15, 2018 - Inside the CFPB

Mortgage Group Calls for More Clarification for Trial Disclosures

The Mortgage Bankers Association last week suggested the CFPB provide more clarity in the trial disclosure program. The CFPB in September issued a proposed rule to revise its trial disclosure policy. The new policy would reduce the application burden, clarify timing requirements, establish procedures for extending successful trial disclosure programs, and facilitate coordination with state regulators. “The proposed revision of the [trial disclosure program] ...


October 15, 2018 - Inside the CFPB

CFPB Tweaks Ways to Convey Supervisory Findings to Industry

The CFPB recently announced changes in how it communicates with lenders about supervisory events and how it will articulate supervisory expectations to institutions in the future. The bureau plans to continue sending examination reports and supervisory letters to institutions after exams are completed, according to a bulletin. These reports and letters will include two categories of findings: the matters requiring attention (MRAs) and supervisory ...


October 15, 2018 - Inside the CFPB

Industry Seeks Guidance on Market Services Arrangements; Zillow Wins

A recent court ruling that Zillow’s co-marketing program does not violate the Real Estate Settlement Procedures Act is helpful to the industry, but lenders still need guidance from the CFPB to confirm the standards set by previous rulings, said compliance attorneys. Richard Andreano, a partner at Ballad Spahr, told Inside the CFPB that it is positive for lenders that a federal judge dismissed a lawsuit challenging Zillow’s co-marketing program. The bureau itself ...


October 15, 2018 - Inside the CFPB

Industry Wants Clarity on Non-QM, Calling for Changes to ATR Rule

Originating home loans that don’t meet the qualified-mortgage standard remains a small, but rapidly growing market that’s looking more attractive at a time when agency mortgage lending is slowing. But many lenders are holding back because of a lack of clarity about non-QM compliance. Changes to the ability-to-repay rule may be necessary to move the non-QM niche to the next level, experts say. An estimated $21.5 billion of expanded-credit mortgages ...


October 4, 2018 - Inside Mortgage Finance

CFPB Appears to Favor Supervision Over Enforcement in Fair Lending as Controversy Swirls Around Key Official

Observers say the Consumer Financial Protection Bureau has changed its approach in fighting against lending discrimination under a new fair lending chief who has recently drawn heavy criticism for his controversial comments. “In the recent past, [the CFPB is] probably more supervision-oriented than enforcement action-oriented,” said Marshall Bell, a partner at Buckley Sandler, who advises companies on fair lending enforcement actions by the CFPB. “There has been a greater ...


October 4, 2018 - Inside Mortgage Finance

Mortgage Industry Waiting for Guidance on Implementation of Dodd-Frank Reforms

The industry is still waiting for guidance on how mortgage-related rules were changed by the Dodd-Frank regulatory relief bill, even though most provisions took effect immediately when the bill was signed into law in May. A number of requirements were changed in regard to smaller financial institutions by the Economic Growth, Regulatory Relief, and Consumer Protection Act, including the qualified-mortgage standard. However, the industry is still awaiting guidance from the Consumer Financial ...


Poll

With loan volumes declining, does your shop have plans to enter the non-QM lending market in 2019?

Yes, definitely. A solid move forward.
Yes, but only incrementally.
We’re pondering a move into non-QM, but haven’t made up our mind.
No, definitely not. We view it has too risky.

vote to see results