The Department of Housing and Urban Development released its long-awaited “disparate impact” final rule last week, formalizing for the first time the long-held interpretation of the Fair Housing Act by HUD, which has repeatedly asserted that housing policies and practices can be determined to be discriminatory not simply through their intent, but also by their effect. “As we’ve learned over the years, housing discrimination comes in many forms. Discrimination doesn’t have to be intentional in order to have a damaging...

The CFPB’s legal position on a borrower’s right of rescission under the Truth In Lending Act again swayed the day for a consumer. This time, it was the Third Circuit Court of Appeals, in Sherzer v. Homestar Mortgage Services, that agreed with the bureau’s legal argument that a lawsuit filed more than three years after a mortgage has been closed can be brought, so long as the borrower sent the lender a written notice of rescission within the three-year period.In this instance, borrowers Daniel and Geraldine Sherzer obtained...

The federal prudential banking regulators should work closely with the CFPB in areas where their responsibilities overlap, such as credit card supervision and fair lending laws, Comptroller of the Currency Thomas Curry told attendees at the recent Federal Financial Institutions Examination Council’s Consumer Compliance Specialists Conference in Washington, DC. “In the area of overlapping supervisory responsibilities, one example that springs to mind involves credit cards,” Curry said. In the new world being fashioned by the...

Many in the mortgage finance industry were unsettled with the recent Canning v. National Labor Relations Board ruling, fearing compliance chaos could ensue right as the industry is about to be confronted with implementing a handful of critical new regulations that will transform the landscape of mortgage lending for decades to come, such as the new ability-to-repay final rule. However, some top industry compliance attorneys urged the industry to press on full-speed ahead with their compliance efforts, regardless of the uncertainty...

CFPB Director Richard Cordray told an assemblage of financial industry representatives last week that it would be a mistake for prudential regulators to examine institutions in such a way as to steer them toward providing only mortgages that can be defined as “qualified” under the bureau’s ability-to-repay rule, according to one industry source in attendance. Cordray said the CFPB wants other types of mortgages to flourish as well, the source continued. Bureau staff added that they would expect the percentage of QMs in the...

Providers of financial products to college students are going under the CFPB’s magnifying glass. The bureau has begun an inquiry into the effect of financial products marketed to students through colleges and universities in an attempt to determine if such arrangements are in the best interest of students. Products being scrutinized include bundled or co-branded student identification cards that double as debit cards, cards used to access scholarships and student loans, and school-affiliated bank accounts. In its notice and request for...

In light of the proposed guidance issued by the CFPB and the rest of the Federal Financial Institutions Examination Council on social media contacts by banks, savings associations, credit unions and nonbank entities, Lenders Compliance Group highlighted a number of important issues market participants should take into consideration, including key policies and procedures. “When you think of advertising, do you include social media? These days, most of you do,” LCG said in a recent analysis. “However, social media...

CFPB Warns Servicers to Protect Borrowers When Transferring Servicing. As Inside the CFPB went to press, the bureau issued a bulletin reminding mortgage servicers about their legal obligations to protect borrowers during transfers of mortgage servicing between firms. Through public feedback and its supervision activities, the CFPB said it has noted a significant number of servicing complications stemming from the large amount of servicing transfers that have taken place in the last year. In a number of instances...

CFPB Director to Testify Before Senate Panel. CFPB Director Richard Cordray is among a number of federal financial regulators scheduled to testify the morning of Thursday, Feb. 14, 2013, before the Senate Banking, Housing and Urban Affairs Committee on the subject, “Wall Street Reform: Oversight of Financial Stability and Consumer and Investor Protections.” This will be Cordray’s first appearance before Congress since the Canning v. National Labor Relations Board decision was issued by the D.C. Circuit Court of Appeals. FHA Chief to...

Federal regulators suggest that a number of changes are under consideration for risk-retention requirements initially proposed in 2011. Two changes under consideration include a revision of the qualified residential mortgage definition and a possible alternative to the controversial proposed premium capture cash reserve account. Katherine Hsu, chief of the office of structured finance in the division of corporation finance at the Securities and Exchange Commission, said federal regulators are considering changing the proposed definition for QRMs due to the recent ability-to-repay rule from the Consumer Financial Protection Bureau that set requirements for “qualified mortgages.” The QRM standards cannot be any more broad than the QM standards. Speaking at the American Securitization Forum’s ASF 2013 conference last week in Las Vegas, Hsu also stressed...