The bureau last week issued another call for public comment on the request it submitted earlier this year to the Office of Management and Budget for generic clearance of its collection of information from providers of consumer financial services and products on compliance costs and the other effects of regulations. gAs outlined in the Dodd-Frank Act, among the bureaufs objectives is to identify regulations that are eoutdated, unnecessary, or unduly burdensomef in order to reduce unwarranted regulatory burdens. In order to help support this objective, the bureau must fully understand...
Opponents of the Dodd-Frank Wall Street Reform and Consumer Protection Act that created the CFPB are finding some initial success in chipping away at various provisions of the law through legal challenges. So far, authorities of the bureau itself have escaped the crosshairs of such legal challenges. However, the legitimacy of President Barack Obama’s appointment of Richard Cordray as director of the CFPB has been challenged in a round-about manner. So far, federal regulators have twice lost in court in their efforts to defend some of the rules they put in place...
The bureau brought another aggressive enforcement action against a top credit card lender at the beginning of the month, requiring three American Express subsidiaries to refund an estimated $85.0 million to approximately 250,000 customers for allegedly illegal credit card practices. The settlement also requires the companies to pay a civil monetary penalty of $27.5 million, to be split by the CFPB, the Federal Deposit Insurance Corp., the Federal Reserve and the Office of the Comptroller of the Currency, and to change a number of their practices. According to the bureau ...
The Federal Trade Commission has called on the bureau to do more consumer testing before it comes out with a finalized version of its streamlined, consolidated Truth in Lending Act and Real Estate Settlement Procedures Act consumer mortgage disclosure rulemaking. The FTC’s Bureau of Consumer Protection, Bureau of Economics and Office of Policy Planning submitted a comment letter to the CFPB stating that the proposed disclosures “will likely improve the information that consumers receive under current federal regulations” because they “are generally simpler and less...
The mortgage lending industry is now grappling with a number of potential compliance challenges with the loan originator compensation rule as currently proposed by the CFPB, with the treatment of proxies and the “zero-zero” alternative mortgage near the top of the short list. An earlier Federal Reserve rulemaking prohibited compensation based on the terms of a loan or proxies for loan terms. “The problem there is the existing rule does not define what exactly that is,” said Richard Andreano, practice group leader of the mortgage banking group at Ballard Spahr, during an...
Numerous industry representatives are calling upon the CFPB to significantly scale back its ambitious mortgage servicing rulemaking proposal ¨C with at least one trade group urging the bureau to withdraw it entirely. The proposed rules amend Regulation Z (which implements the Truth in Lending Act) and Regulation X (which implements the Real Estate Settlement Procedures Act). The CFPB¡¯s rules aim to bring greater transparency to the mortgage servicing market with: clear monthly mortgage statements, a warning before interest rate adjustments, options for avoiding costly...
Consumer complaints about mortgages and credit cards accounted for more than 70 percent of the roughly 79,200 complaints made to the CFPB from July 21, 2011, through Sept. 30, 2012, according to the latest data from the bureau. Mortgage-related complaints again led the way, with approximately 36,300 submitted during the period reviewed. Credit card complaints were next, with roughly 23,400, followed by 12,900 for bank accounts and services, and 2,900 for private student loans. The most common type of mortgage complaint is about problems consumers have when they can’t pay their...
The Federal Reserve Office of Inspector General recently revealed that the CFPB “plans to accept complaints about additional financial products and services” and “anticipates that referrals from state agencies will increase as the CFPB begins accepting complaints regarding nonbank products.” The disclosures were provided in the OIG’s evaluation report of the bureau’s Consumer Response Unit, which was released last week. “This news should be of concern to financial institutions because it is another clear indication that the CFPB is preparing to extend its enforcement functions...
The FHA Mutual Mortgage Insurance Fund appears poised for another potential settlement infusion following this week’s announcement of a federal lawsuit against Wells Fargo Bank for alleged reckless underwriting and fraudulent loan certifications on thousands of FHA-insured loans that ultimately defaulted. Filed by the U.S. Attorney’s Office in Manhattan, the lawsuit accuses Wells Fargo of engaging in “a long standing and reckless trifecta of deficient training, deficient underwriting and deficient disclosure, while relying on the convenient backstop of government insurance.” Ten years of Wells Fargo’s alleged misconduct ...
The Department of Housing and Urban Development’s Office of the Inspector General is seeking indemnification from a sponsored third-party originator (TPO) for potential losses of more than $1.5 million due to poor loan documentation. The IG also ordered the TPO, Bankers Mortgage Group of Woodland Hills, CA, to reimburse the FHA insurance fund $58,704 for the actual loss on one FHA-insured mortgage loan. The IG also recommended that HUD impose fines on Bankers Mortgage for allegedly signing off on false loan information. IG auditors targeted BMG after internal investigators found significant ...
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