The CFPB has been accelerating its enforcement actions in the past two months, and attorneys said Acting CFPB Director Mick Mulvaney is now defending the bureau’s enforcement power, with a new strategy and focus. “The enforcement actions are being announced more frequently now,” said Allen Denson, partner at Hudson Cook. “I expect the steady clip of settlements we’ve seen over the last two months to continue.” After Mulvaney took the reins at the ...
Mortgage lenders want the CFPB to exempt single-family residential construction loans from the Real Estate Settlement Procedures Act / Truth in Lending Act Integrated Disclosure Rule. The TRID rule implemented by former Director Richard Cordray expressly applies to most construction loans that are secured, closed-end consumer credit transactions. Such loans are subject to the same extensive cost and term TRID disclosures as permanent purchase ...
The preamble of the integrated mortgage disclosure rule creates confusion about whether certain charges qualify for a 10 percent tolerance, and compliance experts suggest that lenders wait to see if there’s further guidance from the CFPB. The CFPB released a rule a year ago finalizing amendments to the Real Estate Settlement Procedures Act and the Truth in Lending Act Integrated Disclosure Rule. The amended TRID rule took effect in October 2017, but the mandatory compliance date…
Mortgage lenders spent a considerable amount of money implementing the qualified-mortgage rule, and many are not keen about a major overhaul, according to a survey by Strategic Mortgage Finance Group. Some 54 percent of 122 respondents to the survey favored no or only modest changes to QM rules. There was little variation between banks and independents, or large and small lenders. However, lender attitudes on regulatory change vary significantly with the size of ...
The CFPB last week finalized a proposed amendment to its “Know Before You Owe” rule, fixing what is commonly known in the industry as the “black hole” issue. The final rule adopts a July 2017 proposal with only minor, technical changes. In broad terms, it gives lenders more flexibility in issuing revised closing disclosures that comply with the complex disclosure requirements mandated by Truth in Lending Act and Real Estate Settlement Procedures Act ...
Altisource Portfolio Solutions disclosed that the CFPB won’t take any enforcement action against the company regarding its relationship with Ocwen Financial Corp., which was sued by the bureau for mortgage misconduct last year. The vendor – started years ago by Ocwen and then spun off – revealed last week that it received a letter from the CFPB on April 3 that the bureau has completed the investigation of the service provider and is currently not recommending any enforcement ...
The Community Home Lenders Association called for regulatory streamlining for smaller independent mortgage bankers in a comment letter to the CFPB in response to its request for information on enforcement and supervision. The CHLA, which claims to be the only national association that exclusively represents IMBs, said the bureau should reduce burdens and compliance risks faced by IMBs “through targeted CFPB exam and enforcement exemptions.” Under current law, every nonbank ...
Congressional lawmakers are seeking ways to ease restrictions on payday loans and rescue the industry from what some lenders feel are onerous CFPB rules promulgated under past agency leadership. Sen. Lindsey Graham, R-SC, introduced a Congressional Review Act resolution to repeal the agency’s payday rule, and the House Financial Services Committee gave a green light to bank payday lending. The CFPB finalized its payday rule in October under former Director Richard Cordray with ...
The House of Representatives last week voted 271-145 to approve targeted legislation to address the disclosure of certain charges in the Truth in Lending Act/Real Estate Settlement Procedures Act integrated disclosure, or TRID. H.R. 3978, the TRID Improvement Act of 2017, would require the CFPB to allow for the calculation of discounted title insurance rates that companies may offer to consumers for policies that cover both the lender and the homeowner. The bill was introduced ...
The House of Representatives has passed H.R. 1153, “The Mortgage Choice Act,” legislation that would make two adjustments to the Truth in Lending Act definition of points and fees regarding title fees charged by affiliates of the lender. The bill aims to make more loans eligible for qualified-mortgage status by excluding points and fees paid for affiliated title charges and escrow charges for insurance and taxes. House Financial Services Committee Chairman Jeb Hensarling, R-TX, explained ...
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