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Mortgage Lenders Urge CFPB to Delay Project on Closing Process

February 18, 2014
Mortgage lender representatives urged the CFPB recently to delay its project to address the “pain points” associated with the mortgage closing process until after its integrated disclosure rule under the Real Estate Settlement Procedures Act and the Truth in Lending Act takes effect and is fully digested by the industry. “The new rule is intended to greatly simplify consumer disclosures, eliminate surprises at closing and broadly improve the consumer experience,” said the American Bankers Association, the Financial Services Roundtable of the...
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CFPB Enforcement Increasingly Likely to Originate With Compliance Issues Found During Examinations

February 13, 2014
Mortgage industry attorneys expect to see more Consumer Financial Protection Bureau enforcement actions in the future stemming from compliance deficiencies that were dug up during the supervisory examination process. “One of the things that we saw towards the last quarter of 2013 was a couple of enforcement actions which grew directly out of supervisory exams,” Allyson Baker, a partner in the litigation group at the Venable law firm, said during a webinar this week sponsored by Inside Mortgage Finance. Baker, formerly an enforcement attorney with the CFPB, was referencing...
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No Need to Reinvent the Wheel To Comply with New Disclosures

February 3, 2014
As mortgage lenders begin preparing for the new mortgage disclosure regime being instituted by the CFPB’s final rule, they should revisit lessons learned during their previous adventures with the Truth in Lending Act and the Real Estate Settlement Procedures Act. “RESPA reform from January 1, 2010, is still close in many of our minds, and we remember back to ’09 being a year that we spent a massive amount of time implementing that new regulation,” said Amy Thoreson Long, senior counsel in the consumer lending division at Wells Fargo. Then in 2010...
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Legal Pros Detail How to Handle the Challenges Presented by CFPB’s Integrated Disclosure Rule

January 23, 2014
Mortgage lenders may be suffering from compliance burnout these days after getting up to speed with major new rules from the Consumer Financial Protection Bureau. But they would do well to start preparing now for the bureau’s revolutionary integrated mortgage disclosure rule that aims to change the way consumers shop for such loans and how lenders go about originating them. “The integration of the Truth in Lending Act and the Real Estate Settlement Procedures Act mortgage disclosures has been a goal almost since the time the two statutes were issued, and certainly from the time the good-faith estimate began focusing on loan terms,” Benjamin Olson, counsel at BuckleySandler, said during a webinar sponsored this week by Inside Mortgage Finance. The new disclosures become mandatory Aug. 1, 2015. Joseph Kolar, a partner with BuckleySandler, pointed...
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Bureau Seeking Comments About Mortgage Closing ‘Pain Points’

January 6, 2014
The CFPB is seeking consumer comments on the mortgage closing process, specifically asking consumers to identify the key “pain points” associated with mortgage closing and how those pain points might by addressed by market innovations and technology. Specifically, the agency said it wanted comments on how to increase the use of technology and promote inventions that encourage a more streamlined mortgage closing process while also improving consumer knowledge. The agency said it is seeking information from market...
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HUD Issues Final Rule Defining Qualified Mortgage

December 13, 2013
The Department of Housing and Urban Development has released a final rule defining a “qualified mortgage” that is insured by the FHA. The final rule will be effective on Jan. 10, 2014. The HUD rule builds off the QM/Ability-to-Repay rule, which the Consumer Financial Protection Bureau finalized earlier this year. The Dodd-Frank Act requires HUD to propose a QM definition that is aligned with the ability-to-repay criteria set out in the Truth in Lending Act and with the agency’s mission to ...
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CFPB Mortgage Disclosure Rule Not as ‘Transformational’ as ATR

December 2, 2013
The CFPB has gone ahead and issued the last big piece to the mortgage finance puzzle it was mandated to manufacture by the Dodd-Frank Act, the integrated mortgage-disclosure rule under the Real Estate Settlement Procedures Act and the Truth in Lending Act and related forms. The good news for the mortgage finance industry – apart from the 20-month implementation period – is that the new rule and forms, part of the bureau’s “know before you owe” initiative, are not nearly as “transformational” towards the fundamental nature of the...
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Lenders Catch a Break as CFPB Issues Mortgage Disclosure Rule With 20-Month Phase-in Period

November 21, 2013
Mortgage lenders will have until Aug. 1, 2015, to implement the new integrated mortgage-disclosure forms and related rule issued by the Consumer Financial Protection Bureau this week. The new forms will replace the existing federal disclosures under the Real Estate Settlement Procedures Act and the Truth in Lending Act. Bureau officials hope they will help consumers better understand their options, choose the deal that’s best for them, and avoid costly surprises at closing. The new, three-page loan estimate form will be provided...
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CFPB Mortgage Disclosure Forms, Rule Could be Issued This Week

November 18, 2013
The CFPB’s much-anticipated integrated mortgage disclosure final rule and related forms could be issued as early as Wednesday, Nov. 20, when the bureau plans to conduct a public field hearing in Boston on the mortgage aspect of its broader “know before you owe” initiative. The event will feature remarks by CFPB Director Richard Cordray and testimony from consumer groups, industry representatives and members of the public. The purpose of the forthcoming rule and forms is to integrate and harmonize the mortgage disclosures consumers receive...
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Integrated Consumer Disclosure Rule Anticipated in Early December

November 4, 2013
The CFPB’s integrated mortgage disclosure rule under the Real Estate Settlement Procedures Act and the Truth in Lending Act might not be out until early December, an informed source told Inside the CFPB. For months, the expectation had been that an October release was in the offing, but it still has yet to come out, and bureau personnel say they don’t have a release date. “We were in a meeting at the beginning of October, and before that, there were some pretty heavy rumors that it was going to come out at the end of October,” said...
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