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Inside the CFPB

August 1, 2011

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CFPB Disclosure Project Raises Questions

The new Consumer Financial Protection Bureau is making substantial progress on its initiative to meld the mortgage disclosure forms under the Truth in Lending Act and the Real Estate Settlement Procedures Act into one, more simplified disclosure. Still, a number of questions are being raised in the process, not the least of which has to do with what kind of regulation will eventually accompany the forms. “The first issue is that these forms just don’t reflect the regulatory and statutory requirements in many ways,” said Steve Kaplan, a partner with law firm K&L Gates LLP in its Washington, DC, office during a webinar last week sponsored by Inside Mortgage Finance Publications. “So someone who is a practitioner and who’s been dealing with these issues for years will say, ‘What is this form? This is great and dandy but do I get a safe harbor? Do I still violate the statute by providing this form?’” ... Read More

CFPB Takes the Regulatory Field Sans QB

The Consumer Financial Protection Bureau officially began functioning as a banking regulator last week, and even though it doesn’t yet have a director confirmed by the Senate, it’s already one of the most powerful regulators in the federal government, having both complete regulatory authority over the entire industry and supervisory responsibility for large banks. Among the laws the CFPB will now be in charge of enforcing are the Alternative Mortgage Transaction Parity Act, the Community Reinvestment Act, the Equal Credit Opportunity Act, the Fair Credit Billing Act, the Fair Credit Reporting Act (except sections 615(e), 624 and 628),and the Fair Debt Collection Practices Act. ... Read More

Senate Panel to Consider CFPB Director Nominee This Week

The Senate Banking Committee plans a hearing on Thursday to consider President Barack Obama's nomination of Richard Cordray, the former Ohio attorney general and current chief of enforcement at the Consumer Financial Protection Bureau, to be the first official director of the CFPB. “With [this] hearing, I will begin the process of moving Mr. Cordray’s nomination forward to confirmation,” said Sen. Tim Johnson, D-SD, chairman of the committee. “The CFPB opened its doors as an independent agency on July 21st, and it is off to a strong start promoting an equitable and transparent consumer financial marketplace. However, until it has a director, the CFPB will not be able to use its full powers to protect consumers and level the playing field for community banks and credit unions.” ... Read More

Warren Deputy Date In for Now As Warren Returns to Harvard

Elizabeth Warren last week ended her controversial term as special advisor to the Treasury and President Obama’s point person for the Consumer Financial Protection Bureau to return to academia, to be replaced by one of her top deputies, Raj Date. Date currently is the CFPB’s associate director of research, markets and regulations, where he is responsible for the management of several offices, such as research, regulations, credit card markets, mortgage markets, credit… Read More

FTC Targets Deceptive Mortgage Advertisements in New Rule

The Federal Trade Commission issued a final rule to strengthen consumer protections by banning deceptive claims about consumer mortgages in advertising or other types of commercial communications. The new rule lists 19 examples of prohibited deceptive claims, including misrepresentations about the existence, nature, or amount of fees or costs to the consumer associated with the mortgage; the terms, amounts, payments, or other requirements relating to taxes or insurance associated with the mortgage; and the variability of interest, payments, or other terms of the mortgage. ... Read More

FTC Gives Brokers, Agents a Break On Obtaining Short Sales

The Federal Trade Commission announced last month that it will not enforce most provisions of its Mortgage Assistance Relief Services rule against real estate brokers and their agents who help struggling homeowners obtain short sales from their lenders or servicers. The stay applies only to real estate professionals who are licensed and in good standing under state licensing requirements; comply with state laws governing the practices of real estate professionals; and assist or attempt to assist consumers in obtaining short sales in the course of securing the sales of their homes. ... Read More

CFPB Issues Numerous Interim Final Rules for Public Comment

The new Consumer Financial Protection Bureau has issued a number of interim final rules in just its first week of official business as a new federal regulator, including one that establishes the procedures for the public to obtain information under the Freedom of Information Act, the Privacy Act and in legal proceedings. This interim final rule also establishes the CFPB’s rules regarding the confidential treatment of information obtained from persons in connection with the exercise of its authorities under federal consumer financial law. ... Read More

FHA Sanctions 240 Lenders For Alleged Program Violations

The FHA’s Mortgagee Review Board last week announced it has taken various administration actions against 240 lenders for failing to meet FHA program requirements. The sanctions include reprimands, probations, suspensions, withdrawals of approval, and civil money penalties. Since 2009, the MRB has taken more than 2,300 administrative actions against lenders, including 1,600 in 2010 – a record. ... Read More

State Roundup

Massachusetts. State Attorney General Martha Coakley reportedly plans to obtain documentation filed by Mortgage Electronic Registration Systems as part of the broader investigation by a 50-state coalition of attorney generals into potentially unlawful foreclosure practices. New Jersey. Former mortgage broker Ara Mesropian, 39, of Paramus, NJ, pleaded guilty to charges that he participated in a mortgage fraud scheme which defrauded lenders and generated millions of dollars in fraudulent mortgage loans. ... Read More

Federal Roundup

Federal Deposit Insurance Corp. Martin Gruenberg nomination. The Senate Banking, Housing and Urban Affairs Committee considered the nomination of Martin Gruenberg to be the chairman and a member of the Board of Directors of the Federal Deposit Insurance Corp. on Tuesday, July 26. A vote on his nomination has yet to be scheduled. Federal Housing Finance Agency. Suit against UBS, related defendants. The Federal Housing Finance Agency has sued UBS Americas, Inc., and related defendants in federal district court alleging violations of federal securities laws in the sale of residential non-agency mortgage-backed securities to Fannie Mae and Freddie Mac. ... Read More

Worth Noting

Wells Fargo was fined $85 million by the Federal Reserve late last month over allegations that Wells did not adequately detect and prevent instances of fraudulent loan applications and the steering of prime borrowers into higher-cost nonprime loans.The Federal Trade Commission said it is mailing 450,177 refund checks worth almost $108 million to homeowners who were allegedly overcharged by Countrywide Home Loans, Inc. ... Read More

CRA “Needs to Improve” Grades Kept Increasing Through 2011

The number of lending institutions whose performance under the Community Reinvestment Act “needs to improve” has skyrocketed over the last two years, according to an analysis by Inside Regulatory Strategies of CRA ratings provided by the federal banking regulatory agencies from 2003 through mid-year 2011. In 2003, 0.64 percent of institutions received such a grade. And by 2009, a year after the market’s collapse, that percentage increased to 1.67 percent. ... Read More

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