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Financial Services Law Insights and Observations


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  • CFPB releases annual HMDA and TILA adjustments

    Agency Rule-Making & Guidance

    On December 18, the CFPB announced final rules adjusting the asset-size thresholds under HMDA (Regulation C) and TILA (Regulation Z). Both rules take effect on January 1, 2020.

    Under HMDA, institutions with assets below certain dollar thresholds are exempt from the collection and reporting requirements. The final rule increases the asset-size exemption threshold for banks, savings associations, and credit unions from $46 million to $47 million, thereby exempting institutions with assets of $47 million or less as of December 31, from collecting and reporting HMDA data in 2020.

    TILA exempts certain entities from the requirement to establish escrow accounts when originating higher-priced mortgage loans (HPMLs), including entities with assets below the asset-size threshold established by the CFPB. The final rule increases this asset-size exemption threshold from $2.167 billion to $2.202 billion, thereby exempting creditors with assets of $2.202 billion or less as of December 31, from the requirement to establish escrow accounts for HPMLs in 2020.

    Agency Rule-Making & Guidance CFPB HMDA TILA Mortgages Escrow Regulation C Regulation Z

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  • CFPB publishes fall 2019 rulemaking agenda

    Agency Rule-Making & Guidance

    On November 20, the Office of Information and Regulatory Affairs released the CFPB’s fall 2019 rulemaking agenda. According to a Bureau announcement, the information released represents regulatory matters it “reasonably anticipates having under consideration during the period from October 1, 2019, to September 30, 2020.”

    Key rulemaking initiatives include:

    • Property Assessed Clean Energy (PACE) Financing: As previously covered by InfoBytes, the Bureau published an Advanced Notice of Proposed Rulemaking (ANPR) in March 2019 seeking feedback on the unique features of PACE financing and the general implications of regulating PACE financing under TILA. The Bureau notes it is currently reviewing comments as it considers next steps.
    • Small Business Rulemaking: On November 6, the Bureau held a symposium on small business lending to gather information for upcoming rulemaking (previously covered by InfoBytes here). The Bureau emphasized it will focus on rulemaking that would not impede small business access to credit by imposing unnecessary costs on financial institutions. According to the Bureau, materials will be released prior to convening a panel under the Small Business Regulatory Enforcement Fairness Act to consult with businesses that may be affected by future rulemaking.
    • HMDA/Regulation C: The Bureau plans to finalize the permanent thresholds for reporting data on open-end lines of credit and closed-end mortgage loans in March 2020, and expects to issue a Notice of Proposed Rulemaking (NPRM) to govern the collection of HMDA data points and the disclosure of this data in July 2020. Both initiatives follow an NPRM and an ANPR issued by the Bureau in May (previously covered by InfoBytes here).
    • Payday, Vehicle Title, and Certain High-Cost Installment Loans: As previously covered by InfoBytes, the Bureau published two NPRMs related to certain payday lending requirements under the final rule titled “Payday, Vehicle Title, and Certain High-Cost Installment Loans.” Specifically, the Bureau proposed to rescind the portion of the rule that would make it an unfair and abusive practice for a lender to make covered high-interest rate, short-term loans or covered longer-term balloon payment loans without reasonably determining that the consumer has the ability to repay, and to delay the rule’s compliance date for mandatory underwriting provisions. The Bureau notes it is currently reviewing comments and expects to issue a final rule in April 2020.
    • Debt Collection: Following an NPRM issued in May concerning debt collection communications, disclosures, and related practices (previously covered by InfoBytes here), the Bureau states it is currently “engaged in testing of consumer disclosures related to time-barred debt disclosure issues that were not addressed in the May 2019 proposal.” Once testing has concluded, the Bureau will assess the need for publishing a supplemental NPRM related to time-barred debt disclosures.
    • Remittance Transfers: The Bureau expects in December to issue a proposed rule to address the July 2020 expiration of the Remittance Rule’s temporary exception for certain insured depository institutions from the rule’s disclosure requirements related to the estimation of fees and exchange rates. (Previously covered by InfoBytes here.)
    • GSE Patch: The Bureau plans to address in December the so-called GSE patch, which confers Qualified Mortgage status for loans purchased or guaranteed by Fannie Mae and Freddie Mac while those entities operate under FHFA conservatorship. The patch is set to expire in January 2021, or when Fannie and Freddie exit their conservatorships, whichever comes first. (See Buckley Special Alert here.)

    The Bureau further notes in its announcement the addition of entries to its long-term regulatory agenda “to address issues of concern in connection with loan originator compensation and to facilitate the use of electronic channels of communication in the origination and servicing of credit card accounts.” 

    Agency Rule-Making & Guidance CFPB Rulemaking Agenda PACE Programs Small Business Lending HMDA Regulation C Payday Lending Payday Rule Debt Collection Remittance Transfer Rule GSE Qualified Mortgage

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  • Senate Banking Committee members urge CFPB to continue collecting all HMDA data

    Federal Issues

    On October 16, eight members of the Senate Banking Committee submitted a comment letter in response to the CFPB’s Advance Notice of Proposed Rulemaking (ANPR) issued last May seeking information on the costs and benefits of reporting certain data points under HMDA. (Previous InfoBytes coverage here.) In the comment letter, committee members urged the Bureau to continue collecting all HMDA data points added in the Bureau’s 2015 final rule rather than considering limitations on the information that must be collected. The committee members asserted that they are “deeply troubled” by the CFPB’s announcement that it would “reopen the 2015 HMDA rule before the new data points had even been collected,” and urged the Bureau to “follow the intent of Congress and maintain collection of all data points added by the 2015 final rule,” stressing the data’s importance when monitoring market trends, credit access, and mortgage lending discrimination.

    As previously covered by InfoBytes, on October 15, a coalition of state attorneys general also submitted a comment letter asserting, among other things, that the ANPR will open the door for financial institutions to engage in discriminatory lending.

    Federal Issues Senate Banking Committee CFPB HMDA State Attorney General Mortgages

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  • State AGs urge CFPB to reconsider proposed changes to HMDA

    State Issues

    On October 15, a coalition of 13 state attorneys general submitted a comment letter in response to the CFPB’s Advance Notice of Proposed Rulemaking issued last May seeking information on the costs and benefits of reporting certain data points under HMDA. (Previously covered by InfoBytes here.) In the comment letter, the AGs argue, among other things, that the proposed rule would reduce transparency and “undermine the ability of local public officials to investigate unfair and discriminatory mortgage lending practices.” The AGs assert that the Bureau’s proposal to limit the data financial institutions are required to report to the CFPB under HMDA will open the door for financial institutions to engage in discriminatory lending, pointing to the 2018 national HMDA loan-level data released on August 30 (InfoBytes coverage here), which, according to the AGs, show “disturbing trends” that demonstrate the additional data fields are helping to achieve HMDA’s objectives. Specifically, the AGs cite to (i) disparities in manufactured home lending; (ii) racial and ethnic data that points to potential disparities in lending; (iii) the importance of collecting all data on denial reasons; (iv) loan pricing data as an indicator of fair lending; and (v) the importance of collecting debt-to-income and combined loan-to-value ratios.

    The New York AG’s office also sent a second letter the same day in response to a Notice of Proposed Rulemaking (NPRM) issued last May by the Bureau that would permanently raise coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the HMDA rules. (Previously covered by InfoBytes here.) The AG’s office argues that increasing the reporting threshold “would exempt thousands of lenders from reporting data” and would “inhibit the ability of communities and state and local law enforcement to ensure fair mortgage lending in New York and elsewhere, and violate the Administrative Procedure Act” since it fails to consider the full cost of the proposed rule on the states. Specifically, the AG’s office contends that the NPRM will (i) exempt a large number of depository institutions leading to significance loss of data on a local level; (ii) leave discriminatory lending in the rural and multifamily lending markets unchecked; and (iii) guarantee predatory lending if the threshold for open-end reporting is permanently set at 200 loans.

    State Issues State Attorney General CFPB Mortgages HMDA Fair Lending

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  • CFPB temporarily extends threshold for open-end HMDA reporting

    Agency Rule-Making & Guidance

    On October 10, the CFPB issued a final rule extending the current temporary threshold of 500 open-end lines of credit under the HMDA rules for reporting data to January 1, 2022. As previously covered by InfoBytes, the CFPB temporarily increased the threshold for open-end lines of credit from 100 loans to 500 loans for calendar years 2018 and 2019. In May 2019, the Bureau proposed to extend that temporary threshold to January 1, 2022 and then permanently lower the threshold to 200 open-end lines of credit after that date (covered by InfoBytes here). The Bureau then reopened the comment period for the May 2019 proposed rule with respect to the permanent open-end and closed-end coverage thresholds (covered by InfoBytes here) and now intends to issue a final rule addressing the permanent threshold at a later date. The Bureau also intends to address the other closed-end aspects of the May 2019 proposed rule at a later date.

    The final rule adopts the temporary extension of the 500 open-end lines of credit until January 1, 2022, and incorporates, with minor adjustments, the interpretive and procedural rule issued in August 2018 (2018 Rule), which implemented and clarified that the HMDA amendments included in Section 104(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act (previously covered by InfoBytes here). The final rule is effective January 1, 2022.

    Agency Rule-Making & Guidance CFPB HMDA Mortgages

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  • CFPB releases semi-annual report to Congress

    Federal Issues

    On October 8, the CFPB issued its Dodd-Frank mandated semi-annual report to Congress covering the Bureau’s work from October 1, 2018 to March 31, 2019. In presenting the report, Director Kathy Kraninger stressed that the Bureau will continue to use the tools provided by Congress to protect consumers, including “vigorous and even-handed enforcement” with a focus on prevention of harm. Kraninger also reiterated her commitment “to strengthening the consumer financial marketplace by providing financial institutions clear ‘rules of the road’ that allow them to offer consumers a range of high-quality, innovative financial services and products.” Among other things, the report analyzed significant problems consumers face when obtaining consumer financial products and services, assessed actions taken by state attorneys general or state regulators relating to federal consumer financial law, and provided a recap of supervisory and enforcement activities.

    While the Bureau did not adopt any significant final rules or orders during the preceding year, it did issue two significant notices of proposed rulemaking relating to certain payday lending requirements under the agency’s 2017 final rule covering “Payday, Vehicle Title, and Certain High-Cost Installment Loans.” (See previous InfoBytes coverage here.) The Bureau also adopted several “less significant rules,” and engaged in significant initiatives concerning, among other things, (i) the disclosure of loan-level HMDA data; (ii) Residential Property Assessed Clean Energy proposed rulemaking; (iii) an assessment of significant rules, including the Remittance Rule, the Ability to Repay/Qualified Mortgage Rule, and the RESPA Mortgage Servicing Rule; (iv) trial disclosure programs; (v) innovation policies related to no-action letters and product sandbox and trial disclosure programs; and (vi) suspicious activity reports on elder financial exploitation.

    Federal Issues CFPB Supervision Enforcement Consumer Protection Congress Payday Rule HMDA RESPA Agency Rule-Making & Guidance

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  • CFPB issues filing guides for 2020 HMDA data

    Agency Rule-Making & Guidance

    On September 25, the CFPB released the Filing Instructions Guide for HMDA data collected in 2020 that must be reported in 2021. The guide references changes to the submission process, and includes a reminder that, starting in 2020, “covered institutions that reported a combined total of at least 60,000 applications and covered loans in the preceding calendar year are required to report HMDA data quarterly. Instructions for quarterly reporting can be found in the Supplemental Quarterly Reporting Guide, which was issued the same day. The file format for submitting the HMDA data, along with the required data fields to be collected and reported, have not changed. 

    Agency Rule-Making & Guidance CFPB HMDA FFIEC Mortgages

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  • CFPB requests comments on using Tech Sprints

    Federal Issues

    On September 18, the CFPB published a notice in the Federal Register seeking comments on the use of Tech Sprints—forums which gather “regulators, technologists, financial institutions, and subject matter experts from key stakeholders for several days to work together to develop innovative solutions to clearly-identified challenges”—as a means to encourage regulatory innovation and collaborate with stakeholders on forming solutions to regulatory compliance challenges. The Bureau notes that Tech Sprints have been successfully used by the U.K.’s Financial Conduct Authority, which has organized seven Tech Sprints since 2016, resulting in a pilot project on digital regulatory reporting. The Bureau is interested in using Tech Sprints to, among other things: (i) leverage cloud solutions and other developments that may reduce or modify the need for regulated entities to transfer data to the Bureau; (ii) continue to innovate the HMDA data submission process; (iii) identify new technologies and approaches that can be used by the Bureau to provide more cost-effective oversight of supervised entities; and (iv) reduce other unwarranted regulatory compliance burdens. Comments must be received by November 8.

    Federal Issues CFPB Fintech Federal Register RFI Privacy/Cyber Risk & Data Security HMDA Financial Conduct Authority Of Interest to Non-US Persons

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  • CFPB updates HMDA webinars

    Agency Rule-Making & Guidance

    On August 29, the CFPB updated two HMDA webinars to reflect amendments made by the Economic Growth, Regulatory Relief, and Consumer Protection Act, and the interpretive and procedural rule issued by the CFPB in August 2018. (Previous InfoBytes coverage on the amendments and the interpretive and procedural rule available here.) The Bureau also released a new HMDA webinar to provide an overview “on reporting certain application or covered loan features, pricing information, features of the property, and transaction indicators.”

    Agency Rule-Making & Guidance CFPB HMDA EGRRCPA

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  • FFIEC releases 2018 HMDA data; CFPB issues mortgage activity reports

    Federal Issues

    On August 30, the Federal Financial Institutions Examinations Council released the 2018 Home Mortgage Disclosure Act (HMDA) data on mortgage lending transactions covering information submitted by financial institutions on or before August 7. The data will not remain static, but instead will be updated on an on-going basis to reflect late submissions and resubmissions. The data currently includes information on 12.9 million home loan applications, 7.7 million of which resulted in loan originations, and 2 million purchased loans. Observations on the data include: (i) the total number of originated loans decreased by roughly 12.6 percent; (ii) refinance originations decreased by 23.1 percent; (iii) the share of refinance loans to low- and moderate-income borrowers increased from 22.9 percent to 30 percent; and (iv) nondepository, independent mortgage companies accounted for 57.2 percent of first-lien owner-occupied home purchase loans (up from 56.1 percent in 2017).

    On the same day, the CFPB also released two data point articles describing mortgage market activity based on data reported under HMDA. The first article presents a report providing a “first look” at mortgage application and origination trends within the 2018 HMDA data. The second article introduces a report introducing the “new and revised data points in the 2018 HMDA data” and discussing the Bureau’s initial observations on the mortgage market based upon those new or revised data points.

    Federal Issues HMDA FFIEC CFPB Mortgages

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