InfoBytes Blog
Filter
Subscribe to our InfoBytes Blog weekly newsletter and other publications for news affecting the financial services industry.
Uejio says SPCPs may help economically disadvantaged homeowners
On September 1, CFPB acting Director Dave Uejio spoke before the National Fair Housing Alliance’s forum on special purpose credit programs (SPCPs) to address discrimination and inequity trends in homeownership and explore ways that SPCPs could be used to promote fair and equitable access to credit and mortgage markets. Uejio discussed a Bureau report detailing the “enormous toll” that the Covid-19 pandemic has had on minority homeowners and cautioned that Black and Hispanic homeowners will be disproportionately represented in foreclosure data once pandemic housing protections end. To address these issues, Uejio referred to a Bureau advisory opinion issued last December, which provided creditors additional guidance for complying with ECOA to ensure the development of compliant SPCPs. (Covered by InfoBytes here.) While ECOA and Regulation B prohibit discrimination on a prohibited basis in any aspect of a credit transaction, SPCP provisions under the statute and regulation provide specific means to allow creditors meet special social needs and benefit economically-disadvantaged groups. “The SPCP provision in ECOA is also a recognition that government alone cannot solve this problem,” Uejio stated. “All of us—regulators, policymakers, nonprofits, advocates, and mortgage lenders—must work together.”
CFPB examines pandemic effect on access to new credit
On August 26, the CFPB released findings regarding trends in credit cards, mortgages, and auto loans for consumers through the Covid-19 pandemic. The post—the fifth and final in a series documenting trends in consumer credit outcomes during the Covid-19 pandemic—examines how access to new credit and the amount of extended credit for new account holders have been impacted by the pandemic. An August 2020 Bureau report (covered by InfoBytes here and updated here) found that while credit limit increases seemed to have been halted for many consumers, there was not a pronounced reduction in available credit card credit since the start of the pandemic (the 2020 report did not discuss access to new credit trends). According to the Bureau’s most recent report, access to new credit declined for credit cards but increased for mortgages and auto loans during the Covid-19 pandemic. Among other things, the Bureau noted that early in the pandemic, the success rate of credit card inquiries declined from around 45 percent in January 2020 to just over 30 percent in May 2020—a “drop well beyond what could be expected from seasonal variation.” Additionally, the volume of credit card inquiries also dropped substantially and did not recover until March 2021, with credit card inquiry success rates also similarly declining “across credit score groups as well as across age groups and subgroups of consumers classified by their census tract or county characteristics.”
Although the report noted that there was “a small and transitory dip” for auto loans in March and April 2020, by February 2021, success rates for auto loan and mortgage inquiries were well above pre-pandemic levels. According to the Bureau, “[t]his result for auto loan and mortgages inquiries contrasts somewhat with responses to the Federal Reserve’s survey of bank loan officers, which indicate that large banks tightened lending standards on auto and mortgage loans during 2020, only loosening standards in 2021.”
CFPB officially withdraws extension of compliance date for debt collection rules
On September 1, the CFPB published a proposal in the Federal Register to withdraw its proposed rule that would have extended the effective date of its final rules amending Regulation F, which implements the FDCPA. As previously covered by InfoBytes, in April, the Bureau proposed delaying the effective date by 60 days to provide affected parties additional time to comply due to the ongoing Covid-19 pandemic. However, the Bureau determined that an extension is unnecessary and will publish a formal notice in the Federal Register, withdrawing the April notice of proposed rulemaking (covered by InfoBytes here). According to the Bureau, industry comments generally did not support an extension, and “[m]ost industry commenters stated that, despite the pandemic, they would be prepared to comply with the Debt Collection Final Rules by November 30, 2021.”
HUD again extends procedures for FHA mortgages on healthcare facilities
On August 27, HUD issued Mortgagee Letter 21-20, which extended interim procedures addressing site access issues associated with FHA Section 232 mortgage insurance applications during the Covid-19 pandemic from July 31, 2021 to December 31, 2021. As previously covered by InfoBytes, HUD first provided temporary modifications pertaining to third-party site inspections for Section 232 FHA-insured healthcare facilities in April 2020 (see Mortgagee Letter 20-10) and extended those procedures in May 2020 (see Mortgagee Letter 20-15). In July 2020, HUD released Mortgagee Letter 20-25, further extending these interim procedures (covered by InfoBytes here). Mortgagee Letter 21-20 also provides guidance on other aspects relating to Section 232 properties, including Property Capital Needs Assessments, appraisals, Section 232 Phase 1 Environmental Site Assessments, asbestos surveys, and radon testing.
Supreme Court lifts federal eviction moratorium
On August 26, the U.S. Supreme Court issued a 6-3 decision in Alabama Association of Realtors et al. v. U.S. Department of Health and Human Services et al. to lift the federal government’s eviction moratorium, stating the CDC lacked authority to impose the ban. This decision follows the Court’s June decision, which previously denied the group’s request to lift the eviction moratorium in order to let the ban expire at the end of July as intended to allow for a “more orderly distribution of the congressionally appropriated rental assistance funds.” (Covered by InfoBytes here.) In agreeing with the group’s argument that the law on which the CDC relied upon did not allow it to implement the current ban, the majority held that “[i]t strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts,” pointing out that, as the Court noted in its June decision, “[i]f a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” This decision vacates a stay on the U.S. District Court for the District of Columbia’s judgment placed by the same court and renders the district court’s judgment enforceable. As previously covered by InfoBytes, the district court ruled that the CDC exceeded its authority when it imposed the temporary ban and stated that because the Public Health Service Act (PHSA) does not “grant the CDC the legal authority to impose a nationwide eviction moratorium” the moratorium must be set aside.
The dissenting judges faulted the Court for deciding the issue without full briefing and argument, arguing that a stay entered by a lower court cannot be vacated “unless that court clearly and ‘demonstrably’ erred in its application of ‘accepted standards.’” Among other things, they pointed out that “it is far from ‘demonstrably’ clear that the CDC lacks the power to issue its modified moratorium order” as the CDC’s current, modified order targets only regions experiencing a spike in transmission rates. They further argued that the PHSA’s language authorizes the CDC “to design measures that, in the agency’s judgment, are essential to contain disease outbreaks,” and that “the balance of equities strongly favors leaving the stay in place.” According to the minority, “public interest strongly favors respecting the CDC’s judgment at this moment, when over 90% of counties are experiencing high transmission rates.”
Notably, the decision impact’s the CFPB’s interim final rule (Rule) amending Regulation F to require all landlords to disclose to tenants certain federal protections put in place as a result of the ongoing Covid-19 pandemic (covered by InfoBytes here). As previously covered by InfoBytes, the U.S. District Court for the Middle District of Tennessee denied a request in May for a temporary restraining order to block the Rule, but noted however, that “by its own terms the Rule applies only during the effective period of the CDC Order, only to tenants to whom the CDC Order reasonably might apply, and only in jurisdictions in which the CDC Order applies. Defendant CFPB has opined, in its response to the Motion, that ‘the Rule’s provisions—by the Rule’s own operation—have no application where the CDC Order, on account of a court order or otherwise, does not apply.’ . . . The Court concurs with this view, and it intends to hold CFPB to this view (and believes that other courts perhaps should do likewise).”
CSBS responds to Waters on state supervisory activities
On August 26, the Conference of State Bank Supervisors (CSBS) sent a letter to House Financial Services Committee Chairwoman Maxine Waters (D-CA) detailing information on CSBS' response to the Covid-19 pandemic related to supervisory efforts, policy initiatives, and mortgage servicing plans. The letter is in response to an August 5th letter from Chairwoman Waters to CSBS, CFPB, OCC, NCUA, FDIC, and Fed asking the agencies, among other things, to immediately update the “Joint Statement on Supervisory and Enforcement Practices Regarding the Mortgage Servicing Rules in Response to the COVID-19 Emergency and the CARES Act dated April 3, 2020,” and to take other steps to “provide vigorous oversight and encourage mortgage servicers to work with borrowers to avoid unnecessary foreclosures.”
The letter from the CSBS detailed the consumer protection and supervision efforts of state regulators during the Covid-19 pandemic, noting that they have “monitored the activities of mortgage originators and servicers … and have acted responsively and decisively with expanded examination approaches, new policy, and public guidance.” The letter expanded on these actions by setting forth its efforts in “three very broad categories”: networked supervision, direct supervision, and supervision policy. In the latter two categories, CSBS noted the steps it has taken during the pandemic to “remain vigilant to signs of unwarranted foreclosure activity or other consumer harm.” The letter also agreed that the “states’ dual mandate to protect consumers and ensure a healthy economic environment has been the appropriate approach” during Covid-19.
FDIC seeks input on off-site examinations
On August 13, the FDIC issued a notice and request for information (RFI) seeking comments from financial institutions regarding the agency’s supervisory approach to examinations during the Covid-19 pandemic, including on-site and off-site activities, use of technology, and communication methods. Specifically, the RFI seeks input on areas that worked well in the off-site examination context “to inform plans for future examinations, consistent with applicable law and the purpose of examinations.” Areas of interest include identifying (i) examination activities that worked best or were most effective during the off-site approach; (ii) new or emerging technologies that would support additional off-site examination activities (the FDIC noted that leveraging technology has improved efficiency and reduced burdens on financial institutions); and (iii) what improvements, if any, could be made to communication methods used during off-site examinations, including whether the FDIC should continue to use secure mail as an alternative to hardcopy mail to communicate supervisory correspondence. Comments are due October 12.
CFPB joins Census Bureau's tech sprint
On August 18, the CFPB announced that the Bureau will participate in the Census Bureau’s The Opportunity Project (TOP) “The World Post COVID-19” tech sprint program, comprised of six tech sprints that will focus on post-pandemic challenges. The CFPB is partnering with HUD to lead a tech sprint regarding post-pandemic housing challenges. According to the CFPB, participants will “develop innovative tools to raise the visibility of housing assistance resources” and connect individuals experiencing housing insecurity to such resources. The goal is for “housing assistance resources to land in the hands of landlords, particularly small ones, because, often, they are not prepared to weather significant financial hardships, such as tenants being unable to pay rent, and have fewer resources to manage the demands of running a business,” the CFPB stated.
CFPB examines pandemic effect on card limits
On August 11, the CFPB released findings regarding trends in credit card limits for consumers throughout the Covid-19 pandemic. The post—the fourth in a series documenting trends in consumer credit outcomes during the Covid-19 pandemic (the first covered by InfoBytes here)—examines whether “credit has tightened on existing credit card accounts” and if “financial institutions cut limits or closed accounts” during the pandemic. As previously covered by InfoBytes, last August, the Bureau issued a report examining trends through June 2020 in delinquency rates, payment assistance, credit access, and account balance measures, which showed that generally there was an overall decrease in delinquency rates since the start of the pandemic for auto loans, first-lien mortgages, student loans, and credit cards. According to the Bureau’s recent findings, starting in March 2020, credit limits for prime and near prime borrowers broke with their previous upward trend, largely flattened out, then began to grow more quickly for these groups in February 2021. Researchers also found that for subprime and deep subprime borrowers, there was nearly no change in credit limits, though the trend ticks upward toward the end of 2020. Additionally, the spike in accounts being closed early in the pandemic seems to have been short-lived because “[a]fter the spike in closures in May 2020, the total number of account closures declined through July and then returned to pre-COVID-19 levels through at least May of 2021.”
CFPB finds varying pandemic response among servicers
On August 10, the CFPB released an overview report of Covid-19 pandemic responses from 16 large mortgage servicers (servicers). The CFPB used supervisory data from the servicers to understand how they are interacting with homeowners throughout the pandemic and if those interactions are effective. The CFPB’s observations include the following:
- According to the report, most servicers reported abandonment rates, a measure of how many borrowers disconnected from servicing calls before completion, of less than 5 percent during the reporting period, while others exceeded 20 percent, and one peaked at 34 percent.
- Many servicers saw increased rates of borrowers who were delinquent upon exiting pandemic hardship forbearance programs in March and April 2021 compared to previous months. According to the report, these borrowers “may be at risk of harm from advanced delinquency, foreclosure and foreclosure-related costs, and negative credit reporting.”
- Delinquency rates ranged from about 1 percent to 26 percent for federally-backed and private loans. According to the report, “[d]elinquency rates increased sharply around March 2020 and remain elevated.”
- According to the CFPB, “[n]early half of servicers in the report clearly stated that they did not collect or maintain information about borrowers’ LEP [limited English proficiency] status, which may lead to borrowers not receiving needed language assistance. Some of the servicers also reported not maintaining data on borrowers’ race, which may raise the risk of fair lending violations.”
- The report found that denial rates for Covid-19 hardship forbearance requests were consistently low for both federally-backed loans and private loan forbearance programs.
According to the CFPB, the Bureau “will continue its oversight work through examinations and enforcement, and it will hold servicers accountable for complying with existing regulatory requirements, as well as the amended Mortgage Servicing Rules that take effect August 31, 2021.”