The CFPB in the Trump era is likely to abandon or limit the use of the disparate-impact theory in enforcing fair lending laws, said attorneys. “Given the lack of ‘effects’ language in [the Equal Credit Opportunity Act] and the [CFPB’s] stated focus on enforcing statutes as they are written, we expect that they will determine that ECOA does not support a disparate-impact theory,” said Jeffrey Naimon, a partner at Buckley Sandler. Under the disparate-impact theory ...
A top CFPB official in charge of protecting student borrowers stepped down from the agency in late August, blaming the leadership of Acting Director Mick Mulvaney. Seth Frotman, who was the student loan ombudsman at the agency, said in his letter of resignation the current leadership of the bureau has “turned its back on young people and their financial futures.” He added: “The bureau is now content doing the bare minimum for [consumers] while simultaneously ...
The CFPB late last week issued a rule to clarify partial HMDA exemptions for small financial institutions ushered in under the Dodd-Frank reform act. The Economic Growth, Regulatory Relief, and Consumer Protection Act, signed into law in May, exempts depositories – including credit unions – that originated fewer than 500 closed-end mortgages or 500 open-end lines of credit in each of the two preceding calendar years from certain expanded reporting ...
Sens. Mark Warner, D-VA, and Mike Rounds, R-SD, in late August introduced bipartisan legislation amending the CFPB’s ability-to-repay rule to expand financing options for self-employed mortgage borrowers. The CFPB’s qualified-mortgage rules have relatively strict requirements which make it difficult for borrowers who don’t have traditional income sources to obtain mortgage credit. But the Self-Employed Mortgage Access Act of 2018 would expand ...
It’s just a matter of time, but it appears that Republican Kathy Kraninger, a career government worker, will become the next permanent director of the Consumer Financial Protection Bureau. In late August, the Senate Committee on Banking, Housing, and Urban Affairs approved Kraninger’s nomination by a party-line vote of 13 to 12. The approval, though close, was not a surprise. “There is nothing significantly controversial about her candidacy that will change ...
The Department of Treasury has signaled that the CFPB should work with other federal agencies and state regulators to create consistent mortgage servicing regulations across the industry. In a recent report on nonbank issues, Treasury expressed its concern regarding inconsistency in mortgage servicing regulations that could create compliance headaches for residential loan processors while increasing costs. “In light of that, the CFPB is taking the lead ...
A Democratic lawmaker on the House Financial Services Committee is recommending that the CFPB include financial technology (fintech) companies in its complaint database to protect small business borrowers from discrimination. Rep. Emanuel Cleaver, D-MO, last year launched a survey to study the use of automated algorithms in loan applications in order to determine whether fintechs protect companies from unintentional discrimination. Many fintech lenders argue ...
Dozens of military and veteran groups are urging Acting CFPB Director Mick Mulvaney not to weaken military lending protections. Thirty-eight groups – including the National Military and Veteran Alliance, the Student Veterans of America, and the Air Force Sergeants Association – in late August sent a letter to Mulvaney and Defense Secretary James Mattis calling for continued strong enforcement and supervision of the Military Lending Act. “We urge you to stand with ...
The CFPB late last month announced 2019 changes in dollar thresholds for several provisions under Regulation Z, implemented under the Truth in Lending Act. The bureau adjusts those amounts annually based on the percentage change reflected in the Consumer Price Index. The adjustments would affect the Credit Card Accountability Responsibility and Disclosure Act of 2009, the Home Ownership and Equity Protection Act and the ability to ...
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