A handful of Democrat Senators are urging CFPB Director Richard Cordray to bring an end to what they consider to be predatory small-dollar storefront and online payday lending. “Sadly, the evidence shows that these loans trap consumers in a cycle of debt in which consumers end up owing more than the initial loan amount, an appalling practice that exploits the financial hardship of hard working families and exhibits a deeply flawed business model that does not consider borrowers’ ability to repay the loan,” the senators said in a letter to the director. “The CFPB was established...
As last month drew to a close, the leadership of the House Financial Services Committee decided to postpone a May 29 markup of a number of pending bills, including six related to the CFPB, after the death of the mother of Rep. Maxine Waters, D-CA, the ranking member of the committee. The markup has been rescheduled for Tuesday, June 10, the committee announced late last week. Among the CFPB-related bills pending before the committee is...
Organizations representing different segments of the mortgage lending industry generally strongly support the overall thrust of the CFPB’s proposed amendments to its 2013 mortgage rules that would enable a limited “right to cure” a “qualified mortgage” that inadvertently falls outside the points-and-fees cap. The 120-day cure period would only be available if the creditor originated the loan as a QM loan in good faith, the loan otherwise meets the QM requirements, and the creditor or assignee maintains and follows policies and procedures for post-consummation review and refunding of overages. “The proposed cure period for points and fees overages would be...
The CFPB officially made it clear again that it will propose a rule to define “larger participants of a market for auto lending,” according to the agency’s recently updated semi-annual rulemaking agenda. The bureau is also now in the process of finalizing a rule defining larger participants in the international money transfer market, after having previously defined larger participants in the consumer debt collection, credit reporting and student loan servicing markets. Elsewhere, the CFPB is...
The CFPB recently convened a small business review panel as per the Small Business Regulatory Enforcement Fairness Act of 1996 to discuss potential amendments to the Home Mortgage Disclosure Act, Kelly Thompson Cochran, acting assistant director for regulations at the CFPB, said in a recent blog posting. The amendments made by the Dodd-Frank Act expand the scope of information relating to mortgage applications and loans that must be compiled, maintained and reported under HMDA, including the ages of loan applicants and mortgagors, information relating to the points and fees payable at origination, and the difference between the annual percentage rate associated with the loan and benchmark rates for all loans. Other new inclusions are...
The CFPB intends to conduct a national telephone survey of 1,000 credit card holders and is seeking additional public comment and eventual approval from the Office of Management and Budget, according to a recent notice in the Federal Register. This survey follows an earlier effort last summer along similar lines. Both are...
The Federal Reserve Office of Inspector General has begun an evaluation of the CFPB’s controversial headquarters renovation budget in response to a request from Rep. Patrick McHenry, R-NC, chairman of the House Financial Services Subcommittee on Oversight and Investigations, the OIG revealed in its semi-annual report to Congress. “To address this congressional request, our objectives are to evaluate, with respect to the CFPB’s headquarters renovation project, (1) the capital budgeting and approval process, (2) the scope and justification for cost estimates, and (3) the use of competitive procedures,” the OIG said. It expects...
How Not to Run a Website. The “links” section of the website of the Senate Banking, Housing and Urban Affairs Committee is so outdated, not only does it not have a link to the CFPB, arguably the majority’s favorite regulatory agency, it also has links to the Federal Housing Finance Board and the Office of Federal Housing Enterprise Oversight. Both of those agencies were subsumed and replaced by the Federal Housing Finance Agency back in 2008. Not surprisingly, there also is no link on the committee’s website to the FHFA’s website. Meanwhile, neither fhfb.gov nor ofheo.gov have...
The Consumer Financial Protection Bureau’s effort to go after corporate executives in connection with its financial-crisis enforcement actions so far has led to 12 cases in which individuals were named as defendants or respondents. Individuals who have been included in CFPB complaints are primarily decision-makers or a party to the consumer transaction. Under the law, they include not only providers of consumer financial products or services, but also those with managerial responsibilities and a “material” participant in the transaction. Individual accountability is...
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