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Home » Topics » News » Inside the CFPB

Inside the CFPB
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CFPB Rulemaking Authority Sans Confirmed Director Unclear

July 1, 2011
Staff at the Consumer Financial Protection Bureau can proceed with their integrated mortgage disclosure project, “know before you owe,” without having a confirmed director in place, and they might even be able to release a proposed rule before a chief is confirmed by the Senate. But any final rule issuance on the bureau’s part would likely prompt a legal challenge from somewhere within the mortgage finance industry, according to some leading industry attorneys. …
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House Appropriations Caps CFPB Budget at $200 Million

July 1, 2011
The House Appropriations Committee, in a politically charged move, has approved a $19.9 billion spending bill that will affect regulators and the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Among the visible implications of the budget package, which is almost $2 billion (9 percent) below last year’s funding level and almost $6 billion below President Obama’s FY2012 request – is a double move on the controversial Consumer Financial Protection Bureau…
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Banks Told to Review Compliance With Foreclosure Agreement

July 1, 2011
All banks under the supervision of the Office of the Comptroller of the Currency that engage in mortgage servicing must review their practices and make sure they are complying with foreclosure laws, conducting foreclosures in a safe and sound manner, and establishing responsible business practices that provide accountability and appropriate treatment of borrowers, the OCC said. …
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State Roundup

July 1, 2011
Florida. Gov. Rick Scott (R) has signed H.B. 951, which ratifies the validity of electronic documents submitted to and accepted by a court clerk or county recorder for recordation, whether or not those documents complied with applicable e-document-related laws and regulations at the time. Louisiana. Gov. Bobby Jindal (R) has signed H.B. 492, which exempts from the mortgage loan originator licensing requirement set forth under the Louisiana Residential Mortgage Lending Act certain individuals…
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Federal Roundup

July 1, 2011
Consumer Financial Protection Bureau Integrated Mortgage Disclosure Project. The CFPB has issued a second set of mortgage disclosure prototypes for public review and comment, with a particular emphasis on borrower payments or fees necessary to close a mortgage. In the first set, the back page was identical on both versions, but the “shopping sheet” front page was different. In the second set, the first page is the same on both versions, with substantial differences…
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States Told FHA, VA Originators Subject to SAFE Act

July 1, 2011
The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 covers loan originators working for entities that originate FHA or VA mortgage loans, according to a final rule issued by the Department of Housing and Urban Development. Under the long-anticipated rule on state compliance with the SAFE Act, HUD clarified that even though the FHA and VA programs were created by federal statute and governed by federal regulations, the loans they insure or guarantee are originated for profit. Since FHA and VA loans are originated in the “commercial context,” the loan originators (LOs) are generally subject to the requirements of...
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Industry Groups Step Up Push to Maintain Emergency Conforming High-Cost Loan Limits

June 30, 2011
Housing industry groups are making a noisy push to persuade policymakers to postpone (perhaps permanently) a planned reduction in the high-cost loan limits for Fannie Mae, Freddie Mac and the FHA due to expire this fall. Late last week, the National Association of Home Builders released a study which concluded that an Oct. 1 reduction in the loan limits “will reduce housing demand and place downward pressure on home prices in major housing markets.” In February, the White House proposed to “shrink the government’s footprint” in housing finance and lure back ...
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CFPB Moves Quickly With New Disclosures, But Industry Uncertainty, Anxiety Remains

June 30, 2011
The Consumer Financial Protection Bureau isn’t wasting any time in moving forward with its “know before you owe” integrated mortgage disclosure project. Late last week, it released highlights of the thousands of comments it received from the first round of its disclosure prototypes, and early this week it issued a second set of forms for public comment, this time focusing on borrower payments or fees necessary to close a mortgage. In the first round of prototypes (dubbed “Ficus Bank” and “Pecan Bank”), the back page was the same on both versions, whereas the front page ...
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Consumer Protection Includes Renewed Focus On Fair Lending, Sustainable Homeownership

June 30, 2011
The fledgling Consumer Financial Protection Bureau sees its role as helping credit markets work better to enhance viable homeownership and level the playing field in credit availability, according to key officials participating in the Mortgage Lending Industry Strategic Markets & Diversity Conference sponsored last week by ComplianceTech. “We realize now that building wealth and homeownership is a risky proposition and one that should not be taken lightly,” said Patricia McCoy, assistant director of mortgage and home equity at the CFPB. “Our job is to ...
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Covered Bond Bill Clears Committee, Moves to House Floor Despite Unresolved FDIC Concerns

June 24, 2011
Lawmakers on the House Financial Services Committee this week approved by a wide bipartisan margin a bill that would create the legislative framework for a covered bond market in the U.S., but not before some haggling regarding the role of the federal regulators. The committee voted 44-7 in favor of H.R. 940, the U.S. Covered Bond Act of 2011, clearing the way for the bill’s consideration by the full House of Representatives. Rep. Scott Garrett, R-NJ, chairman of the House Financial Services Subcommittee on Capital Markets and Government-Sponsored Enterprises, said H.R. 940 sets up “legal certainty” that is a core element of...
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