The CFPB has compelled Fort Knox National Co. and its subsidiary, Military Assistance Co. (MAC), to pony up $3.1 million in relief to harmed service members to resolve allegations that the military allotment processor did not clearly disclose various recurring fees, which could total $100 or more. The military allotment system enables U.S. military personnel to deduct payments directly from their paychecks. The allotment system was created to help deployed members of the U.S. military send money home to their families and pay their creditors at a time when automatic bank payments and electronic transfers were not yet common bank services. Creditors, such as auto lenders, installment lenders and retail merchants, have in recent years been known to direct servicemembers ...

The CFPB told the U.S. Court of Appeals for the Fifth Circuit that property tax loans should get consumer protections under the federal Truth in Lending Act. The CFPB made its case in an amicus brief with the court in Billings v. Propel Financial Services, LLC. The legal question presented in this case is whether a private lender extends “consumer credit” under the Truth in Lending Act by providing loans to consumers for the purpose of paying off residential property-tax delinquencies.The bureau asserted its legal interest in the case on the grounds that it is the federal agency charged with interpreting and promulgating rules under TILA, and because it has authority to enforce compliance with the requirements of TILA....

President Barack Obama threatened Republicans in Congress that he would veto H.R. 1195 – not because of the substance of the original measure, but because of amendments that would reduce the cap on the total amount of funding that could be requested for the CFPB for fiscal years 2020 and 2025.As originally passed out of committee, H.R. 1195, the Bureau of Consumer Financial Protection Advisory Boards Act, would direct the CFPB to establish advisory councils for community banks, credit unions, and small businesses to advise and consult with the bureau. Since the bureau already convenes such panels on an ad hoc basis, the legislation seeks to formally codify and require it to do so. But the president and congressional Democrats ...

David Silberman, associate director of research, markets and regulations at the CFPB, told members of Congress recently that the bureau will continue to work with the mortgage industry as it implements and adapts to the pending integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement and Procedures Act. “The bureau’s work supporting implementation of the integrated disclosure rule does not end with the effective date of the integrated disclosure rule,” Silberman told the House Financial Services Subcommittee on Financial Institutions and Consumer Credit recently. “We expect to continue working with industry, consumers, and other stakeholders to answer questions, provide guidance, and evaluate any issues industry and consumers experience as the integrated disclosure rule is implemented.” ...

Borrower complaints about their student loans continued their apparently inexorable downward momentum, both quarter over quarter and year over year, according to a new analysis by Inside the CFPB of the latest complaint data from the CFPB. Industry wise, consumer gripes fell 11.3 percent QoQ and an even larger 15.7 percent YoY, the data show. Navient, the Sallie Mae spinoff, continues to dominate because of the sheer size of its footprint in the marketplace. Nonetheless, it showed impressive drops of 24.3 percent and 33.0 percent, respectively, for both time periods. Repayment problems continue to represent the lion’s share of the issues about which student-debt borrowers have issues. However, after peaking in the second quarter of 2012, and experiencing another big ...

The Community Home Lenders Association recently sent a letter to CFPB Director Richard Cordray, asking the bureau to require consumer disclosures on each mortgage loan that indicate whether the mortgage loan originator working on that loan is licensed. Such disclosures also should show whether the MLO has passed the SAFE Act test, and has completed an independent background check and SAFE Act approved pre-licensing and continuing education courses. CHLA also recommended that consumers be told if their loan originator previously failed (and never passed) the SAFE Act test or has ever been denied a state license because they failed a background check. “The CFPB is carrying out its ‘Know Before You Owe’ initiative, to improve consumer understanding and mortgage disclosures” ...

CFPB, Justice Department Engaged in Fair-Lending Investigations. The Department of Justice’s Civil Rights Division was engaged in 10 joint fair- lending probes with the CFPB at the end of 2014 as the result of referrals from the bureau, according to a recently released report to Congress. In five of the probes, the parties were in the midst of pre-suit negotiations, the report indicated. “In addition, seven joint investigations with the CFPB, which were initiated before 2014, are ongoing,” the report continued.The division received a total 18 referrals in 2014: 15 from the CFPB and three from the Federal Deposit Insurance Corp. Of those 15 referrals from the bureau, seven had to do with issues of race/national origin, three with ...

FFIEC Issues Revised Interagency Examination Procedures for Compliance with the TRID. The Task Force on Consumer Compliance of the Federal Financial Institutions Examination Council recently put out new interagency examination procedures for the Truth in Lending Act (TILA), as implemented by Regulation Z, and the Real Estate Settlement Procedures Act (RESPA), as implemented by Regulation X. These procedures reflect CFPB amendments to Regulations Z and X published in the Federal Register in December 2013 and February 2015. Most of the changes to the procedures relate to the integrated mortgage disclosure requirements under TILA and RESPA, commonly referred to as the “TRID” requirements. Office of the Comptroller of the Currency Bulletin 2015-27 makes available on the OCC website the revised interagency ...

To attract large investors, the Treasury Department suggests that non-agency MBS include a deal agent with a fiduciary duty. “Under corporate law, directors must discharge two primary fiduciary duties: duty of care and duty of loyalty,” said Michael Stegman, counselor to the Treasury on housing finance policy, in a speech late last week. “In the context of private-label securitizations, these duties seemed sensible and logical to us.” He used...

New lenders that specialize in loans that don’t meet the government’s qualified-mortgage standards continue to draw up blueprints and raise capital – or at least try to – but very few of them are banking on securitization as a take-out strategy. However, all that may change with the launch of LendSure Financial Services, a San Diego startup headed by a handful of veterans from the subprime industry of yesteryear, including Jim Konrath, Stu Marvin and Joe Lydon. According to one non-agency investor briefed on LendSure’s plans, securitization is...