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Treasury Department Calls for End of QM ‘Patch’

September 9, 2019
The Treasury Department in its housing-finance reform plan has asked the CFPB to end the qualified mortgage “patch” as scheduled and establish a bright-line rule in its place.
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CFPB-Ocwen Suit in Peril for Shotgun Pleading

September 9, 2019
Yemeng Yang
A Florida federal judge termed a CFPB lawsuit against Ocwen Financial for widespread mortgage servicing failures as “shotgun pleading.” The court, however, allowed the CFPB to amend and refile the suit.
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Other News in Brief

February 25, 2019
CFPB Releases Small Entity Compliance Guide for Payday Rule; CFPB Updates List of Rural and Under-served Counties; CFPB Seeks Assistant Director for the Office of Regulations.
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Lenders Prepared for TRID 2.0, Seeking Further Clarification

October 1, 2018
The revised integrated mortgage disclosure rule takes effect this month, and compliance experts said the industry is ready despite some remaining uncertainty. The CFPB last year finalized amendments to its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule. The revised rule, dubbed TRID 2.0 by the industry, became effective in October 2017, but the agency set Oct. 1, 2018, as the mandatory compliance date ...
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Secondary Market Unsettled About Liability Under TRID 2.0

October 1, 2018
The uncertainty about liability and cure mechanisms under the TRID 2.0 disclosure regime could have a negative impact on the secondary market, said compliance experts. Industry groups had sought clarification of liabilities for specific TRID violations, as well as additional cure provisions and bona fide error defenses, during the comment period for proposed amendments to the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated ...
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Mortgage Groups Seek Changes to LO Compensation Rule

October 1, 2018
Mortgage trade groups are asking the CFPB to reopen the loan originator compensation rule to reduce lenders’ regulatory burden and better serve consumers. A dozen industry trade groups – including the American Bankers Association, the Mortgage Bankers Association and the Real Estate Service Providers Council – recently wrote to Acting CFPB Director Mick Mulvaney with suggested changes to the agency’s LO compensation rule under the ...
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Disclosure Sandbox Benefits Mortgages; OCC Fintech Charter

October 1, 2018
The CFPB’s recent efforts to create a regulatory sandbox for financial technology (fintech) companies would benefit the mortgage industry, said a former CFPB attorney. Ever since the agency hired Paul Watkins, a lawyer who helped establish the nation’s first regulatory sandbox for fintech companies, to lead its Office of Innovation in July, fintech regulation has become an area of focus at the bureau. The CFPB in August joined a global fintech regulatory initiative ...
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CFPB Files First Ever Lawsuit Under Mulvaney, With Some Issues

September 17, 2018
Almost 10 months into Acting Director Mick Mulvaney’s tenure at the CFPB, the bureau filed its first new lawsuit. The CFPB last week filed charges against Future Income Payments (FIP), Irvine, CA, in federal district court in the Central District of California. The bureau alleged that FIP’s pension-advance products were loans with interest rates “that are substantially higher than credit card interest rates,” according to the complaint, which also names the company's owner ...
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Bill to Expand Mortgage Access for ‘Gig’ Workers Introduced in Senate

September 4, 2018
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 ...
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CFPB Announces Annually Adjusted Dollar Amounts Under TILA

September 4, 2018
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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