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Inside the CFPB
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CFPB Working Toward Issuing Servicing Proposal

January 29, 2024
Brandon Ivey
The CFPB’s proposal on streamlining mortgage servicing standards will likely be issued this spring. The regulator is trying to balance loss-mitigation options and foreclosure protections.
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BofA Fined for Dragging Out Loss-Mitigation Proceedings

January 29, 2024
Namrata Bhatia
Even though Bank of America and the borrowers were successful in reaching a reinstatement, a report filed by the foreclosure mediator put the bank on the hook for acting in bad faith.
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CFPB Issues Polarizing Proposal on Overdraft Fees

January 29, 2024
Brandon Ivey
Currently, banks charge an average of $35 for overdraft loans, raking in billions of dollars per year. The CFPB proposed a safe harbor for overdraft loans that would be as low as $3.
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Patriot Bank Agrees to $1.9M Settlement Over Redlining

January 29, 2024
Namrata Bhatia
The settlement addresses charges that the Memphis, TN-based bank engaged in mortgage lending discrimination in majority-Black and Hispanic neighborhoods.
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CFPB Regulations at Risk in Supreme Court Case

January 29, 2024
Brandon Ivey
The Supreme Court appears poised to overturn the legal theory of “Chevron deference.” If it does, what the court chooses to replace the standard with will have an impact on the CFPB going forward.
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Other News in Brief

January 29, 2024
Brandon Ivey
CFPB proposes rule aimed at a fee rarely charged by banks; Connecticut regulator alleges unlicensed mortgage origination activity by LoanSnap; the CFPB and seven state AGs partner on a lawsuit against a debt-relief company; CFPB warns of scam targeting elderly.
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Escrow Case at Supreme Court About More Than Escrows

January 16, 2024
Brandon Ivey
Laws in a number of states require mortgage servicers to make interest payments to borrowers on funds held in escrow. The Supreme Court will hear oral arguments on the matter in February, helping to clarify the OCC’s stance on federal preemption.
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Mixed Reaction to CFPB’s Open Banking Proposal

January 16, 2024
Brandon Ivey
Industry participants and consumer advocates separately applauded the CFPB’s Section 1033 proposal on open banking. There were also plenty of suggestions for adjustments among the thousands of comment letters submitted.
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CFPB Working on Speeding Enforcement Investigations

January 16, 2024
Brandon Ivey
The CFPB has a goal to close 65% of its enforcement investigations within two years of the start of an investigation. The agency has been nowhere near that goal in recent years.
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CFPB Supports FDCPA Claim Against Debt Collector

January 16, 2024
Namrata Bhatia
The Fair Debt Collection Practices Act’s prohibition on false, deceptive or misleading representations applies even if such representations are made unintentionally and unknowingly, the CFPB said in an amicus brief filed with the U.S. Court of Appeals.
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