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Inside the CFPB
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Lender Reps Ask CFPB to Reconsider Appraisal Rule

July 29, 2013
Two industry groups have jointly written the CFPB requesting the bureau reconsider a final rule that requires lenders to disclose and deliver appraisals to consumers for both residential loans and commercial loans. The American Bankers Association and the Mortgage Bankers Association said the rule is going to create challenges for lenders when a dwelling is securing business credit, asserting it would place large burdens on lenders, as they may have to deliver thousands of appraisals to non-consumers in commercial settings...
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Other Regulators Find Problems With Proposed Rule Amendments

July 29, 2013
The New York State Department of Financial Services is concerned that the CFPB’s proposed amendments to its mortgage loan servicing rulemaking would interfere with the state’s early-intervention efforts on behalf of delinquent homeowners. Here’s the problem, as NY DFS sees it: Under the CFPB’s proposed amendments to the mortgage rules per the Real Estate Settlement Procedures Act/ Regulation X, mortgage servicers are prohibited from making “the first notice or filing required by applicable law for any judicial or non-judicial...
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CFPB Releases New ‘Baseline Review Procedures’ Under ECOA

July 29, 2013
The CFPB has issued new Equal Credit Opportunity Act “baseline review procedures” for use by its examiners. The procedures are made up of six baseline review modules for examiners to use “to identify and analyze risks of ECOA violations, to facilitate the identification of certain types of ECOA and Regulation B violations, and to inform fair lending prioritization decisions for future CFPB reviews.” ECOA baseline reviews are one type of fair lending review conducted by the CFPB, in addition to ECOA targeted reviews and Home Mortgage...
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Official Hints at More Bureau Oversight on Payday Lending

July 29, 2013
David Silberman, associate director for research, markets and regulation at the CFPB, appeared before the Senate Special Committee on Aging last week, mostly summarizing and discussing the bureau’s recent white paper on payday loans and deposit advance products – and revealing more regulation or oversight may be in the offing. “The bureau intends to continue its study of small dollar loan products to better understand why some consumers are able to use these products in a light to moderate way, while others seem to get trapped in a...
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National Documentation Standards Likely in Debt Collection Rule

July 29, 2013
Corey Stone, assistant director in the CFPB’s Office of Deposits, Cash, Collections and Reporting Markets, indicated at a Senate hearing on debt collection earlier this month that the bureau might promulgate national documentation standards, perhaps in coordination with the Federal Trade Commission. Testifying before the Senate Banking, Housing, and Urban Affairs Subcommittee on Financial Institutions and Consumer Protection, Stone discussed the recent joint roundtable the bureau and the FTC held on debt collection...
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Senate Dems Raise Concerns About Payroll Card Fees With CFPB

July 29, 2013
More than a dozen Democrat members of the U.S. Senate have written the CFPB and the Department of Labor expressing concerns about fees paid by low‐wage workers using payroll cards and urging them to move quickly to protect American workers. “We strongly believe that your agencies have the capability to protect workers from at least some of the excessive fees and harmful practices associated with payroll cards,” the senators said. Therefore, they asked the agencies to take a closer look at whether workers adequately understand these fees...
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Worth Noting/Legislative Roundup/Looking Ahead

July 29, 2013
Bureau Staffers May be “Most Lavishly Paid” Fed Workers. “Hundreds of CFPB officials are paid more than Supreme Court Justices, senior White House officials, members of Congress, and all 50 state governors,” the Washington Examiner news organization reported recently, based on its analysis of salary data for the bureau’s 1,204 workers. For example, according to the Examiner, the CFPB pays 56 employees more than the $199,700 Federal Reserve Board Chairman Ben Bernanke receives. And 111 bureau employees are paid more than the...
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News Briefs

July 26, 2013
The Federal Housing Finance Agency announced a settlement this week with UBS Americas regarding non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac between 2004 and 2007. It is the third settlement out of 18 similar lawsuits filed by the FHFA in 2011 and the first to include a disclosed dollar amount. The FHFA said UBS will pay a combined ... [Includes two briefs]
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Indemnification Leads Lender Concerns

July 26, 2013
Several provisions in FHA solvency legislation are emerging as potential hot-button issues for lenders, according to legal experts. There is growing industry concern over indemnification provisions, which appear to be more stringent in the Senate’s FHA Solvency Act of 2013 than in H.R. 2767, Protecting American Taxpayers and Homeowners Act (PATH Act), which the House Financial Services Committee passed this week. Under Title II (FHA reform) of the PATH Act, a lender may be required to indemnify the FHA if the agency determines that ...
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HFSC Passes PATH Act, Bill Sent to Ways & Means

July 26, 2013
The House Financial Services Committee this week reported out a legislative package of housing finance system reforms, including measures designed to reduce FHA’s role in the mortgage marketplace, strengthen lender oversight and avoid a potential taxpayer bailout. The bill, Protecting American Taxpayers and Homeowners Act (H.R. 2767), passed by a vote of 30 to 27 despite mixed responses from industry experts, academics, financial trade associations and consumer advocates. Critics called for changes. Offered by Rep. Jeb Hensarling, R-TX, chairman of the Financial Services Committee, the bill proposes ...
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