InfoBytes Blog
Filter
Subscribe to our InfoBytes Blog weekly newsletter and other publications for news affecting the financial services industry.
CFPB issues guidance for Covid-19 mortgage relief options
On March 31, the CFPB released guidance for consumers who have been negatively impacted by the Covid-19 pandemic and may have difficulty making mortgage or rent payments. Pursuant to the recently passed CARES Act, for homeowners with federally backed mortgages, no foreclosures may be initiated for 60 days beginning on March 18, and homeowners financially impacted by Covid-19 have the right to a forbearance of up to 180 days. The guidance lays out mortgage relief options as well as the process for homeowners to determine the programs for which they qualify. According to the guidance, the CARES Act also protects renters by suspending evictions for 120 days beginning on March 27 if the landlord has a federally backed mortgage. The guidance notes that even if the landlord does not have a federally backed mortgage, most states have also suspended evictions during the pandemic. The guidance also includes information on how homeowners can request mortgage relief from their servicers, including sample questions and other tips. Further, the guidance cautions homeowners to carefully monitor their mortgage statements and credit reports and describes how to avoid scams.
Pennsylvania attorney general announces launch of consumer relief initiative
On March 30, Pennsylvania Attorney General Josh Shapiro announced the launch of “PA Care Package,” a consumer relief initiative. The program, which will expand upon the federal CARES Act, calls for financial institutions and banks to offer assistance to Pennsylvanians facing financial hardship due to impacts of the Covid-19 pandemic. This includes expanding small and medium business loan availability, and offering grace periods for mortgage and loan payments, late fees, evictions and repossessions, and adverse credit reporting.
Michigan Department of Insurance and Financial Services defines certain operations as essential
On March 30, Michigan Department of Insurance and Financial Services Director Anita Fox issued a bulletin clarifying that certain financial services are considered essential businesses and operations. The following financial businesses are deemed essential: (i) banks, credit unions, and consumer finance providers, such as mortgage companies, consumer installment lenders, payday lenders, etc.; (ii) bond issuers; and (iii) title companies, inspectors, appraisers, surveyors, registers of deeds, and notaries. The bulletin clarified the scope of an executive order signed by Governor Whitmer on March 23, which in part, called for residents to stay in their homes and limited in-person exceptions to essential activities (previously discussed here).
Illinois Department of Financial and Professional Regulation issues notice to consumer credit licensees
On March 30, the Illinois Department of Financial and Professional Regulation (Department) issued a notice to consumer credit licensees stating that it appreciates advance notice of any changes to the licensee’s usual business practices. Licensees are expected to “act responsively and proactively to address any consumer harm that may arise,” including through waiving defaults where a consumer is unable to make a payment as a result of the licensee’s business practices. New credit transactions originated during Covid-19 will be evaluated as part of the next examination cycle.
Minnesota Commerce Department issues statement on working with customers
The Minnesota Commerce Department released a statement encouraging financial institutions to work with customers affected by Covid-19. In particular, the Department encourages institutions to take various actions, including: waiving fees such as ATM, overdraft, and late fees; increasing ATM daily cash withdrawal limits; easing restrictions on cashing checks; increasing credit card limits for creditworthy borrowers; offering payment accommodations like forbearances; and easing terms for new loans to affected borrowers. Separately, the Department affirmed that it will consider these circumstances when reviewing an institution’s financial condition, and in working with institutions that encounter difficulty meeting regulatory reporting requirements or filing requirements for financial statements.
Nebraska publishes depository office closure form
On its website, the Nebraska Department of Banking and Finance (Department) published a Request for Proclamation to Authorize Office Closure form. If a financial institution decides to close any or all of its offices for an emergency, it must notify the Department. If the closure will last longer than 48 hours, the financial institution must receive Department approval. Financial institutions are instructed to submit the form to the Department via e-mail to the institution’s review examiner, and the Department will respond as soon as possible.
Arizona governor announces cooperation program with state banks to provide foreclosure and eviction protection
On March 30, Arizona Governor Doug Ducey announced a cooperative agreement with state banks to protect small businesses and families that have been impacted by the Covid-19 crisis from evictions and foreclosure. Under the initiative, banks and mortgage servicers are suspending evictions and foreclosures for up to 60 days, which may be extended longer to overlap with the declared state of emergency. Under the program, banks and servicers have established payment forbearance programs for mortgages, and also have established payment deferral programs for specific (non-mortgage) consumer loans and for small businesses. The announcement also noted that state banks are working to lend Paycheck Protection Program loans as provided by the Small Business Administration through the CARES Act.
Michigan Department of Insurance and Financial Services issues FAQs for Consumer Finance Licensees and Registrants
On March 27, the Michigan Department of Insurance and Financial Services (Department) issued FAQs for Consumer Finance Licensees and Registrants. The FAQs provide responses to questions regarding examinations, the Department’s reduction of services, scams, and working with consumers such as waiving or reducing late fees, offering payment accommodations, and adjusting or modifying terms on existing loans where possible.
Maryland banking regulator outlines expectation for working with borrowers
On March 27, Maryland’s Commissioner of Financial Regulation issued an industry advisory with guidance regarding consumer credit for borrowers impacted by Covid-19. The guidance warns licensees against using the health crisis as an opportunity to increase fees or interest rates and instructs them to keep applicants and clients informed of disruptions or delays in credit decisions or changes to times and methods of communication. The advisory also “strongly urges” licensees to takes steps to mitigate the health crisis by, among other things: waiving late fees and online and telephone payment fees; foregoing credit reporting or reporting payment information in a manner that minimizes negative impact on credit histories; offering modification, forbearance or other options to allow borrowers to reduce or defer payments; ensuring that borrowers are able to timely make inquiries and manage their accounts; reaching out to borrowers proactively to provide information on available assistance; and ensuring that all borrower-facing staff are fully informed regarding available assistance and proactive in informing borrowers. Licensees are reminded to comply with applicable Maryland law, including all fair lending requirements, and to retain appropriate documentation to support decisions regarding mitigation offers.
CFPB issues guidance to student loan borrowers on Covid-19 debt relief
On March 27, the CFPB issued guidance on the student loan provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Pursuant to the Act, borrowers with federally held student loans will automatically have their loan principal and interest payments paused until September 30. Borrowers do not need to take any action to have their payments suspended and interest will not accrue during this period. The CFPB also provided additional guidance on the impact on privately held student loans and federal loans held by commercial lenders, and provided information to help borrowers avoid student loan debt relief scams.