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Inside the CFPB

January 22, 2018

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After Expected Denial, English Makes Her Case to Appeals Court

In recent days, Judge Timothy Kelly of the U.S. District Court for the District of Columbia circuit ruled, as expected, to deny CFPB Deputy Director Leandra English’s personal legal bid soliciting a preliminary injunction to unseat Acting Director Mick Mulvaney and install her in the job. For multiple reasons, “including that English has not demonstrated a likelihood of success on the merits [of her case] or shown that she will suffer irreparable injury absent injunctive relief, her request for a preliminary injunction is denied,” the judge wrote. Further, “The president has designated Mulvaney the CFPB’s acting director, the CFPB has recognized him as the acting director, and it is operating with him as the acting director,” he continued. “Granting English ... Read More

Sen. Warren Asks if Data Collection Limits Are Restricting Examiners

Sen. Elizabeth Warren, D-MA, recently questioned whether CFPB Acting Director Mick Mulvaney is intentionally trying to undermine the bureau, utilizing some Inspector General concerns about the agency’s data security as a pretext. In a letter to Mulvaney and Leandra English, the deputy director of the federal regulator, Warren said the CFPB cannot fulfill its core functions without collecting personally identifiable information. “When a consumer submits a complaint, the CFPB asks for information such as their name and account number to enable the agency to help resolve the dispute,” Warren said. “CFPB bank examiners and enforcement lawyers regularly use account-level data provided by regulated institutions to detect improper and unlawful activity.” Similarly, the bureau’s Office of Fair Lending collects and analyzes ... Read More

Mulvaney Asks for Zero Funding, Saying Current Funds are Adequate

In another historic move, CFPB Acting Director Mick Mulvaney late last week shocked defenders of the bureau under Richard Cordray by announcing he had submitted to the Federal Reserve the bureau’s quarterly appropriations request for the second quarter of fiscal year 2018, requesting zero funds. In a letter to departing Fed chief Janet Yellen, Mulvaney spelled out his rationale. “The reason for this is straightforward: I am informed that the projected second quarter expenses for the bureau are approximately $145 million. “During my review of the financial condition of the bureau, I learned that, as of the beginning of the fiscal year 2018, the bureau had a balance [in its fund] at the Federal Reserve Bank of New York in ... Read More

AD Issues Call for Evidence Bureau Is Fulfilling Statutory Obligations

Last week, the CFPB put out a call for evidence to make sure it is “fulfilling its proper and appropriate functions to best protect consumers.” The agency said it will soon publish in the Federal Register a series of Requests for Information (RFIs) seeking comment on enforcement, supervision, rulemaking, market monitoring, and education activities. The bureau’s expectation is that the RFIs will provide an opportunity for the public to submit feedback and suggest ways to improve outcomes for both consumers and covered entities. “In this New Year, and under new leadership, it is natural for the bureau to critically examine its policies and practices to ensure they align with the bureau’s statutory mandate,” said Acting Director Mick Mulvaney. “Moving forward, ... Read More

Mulvaney Keeps Pressure on Nationwide Biweekly Admin

Despite the fear expressed by consumer advocates that CFPB Acting Director Mick Mulvaney might give financial service industry participants a “get out of jail free” card upon request, the bureau recently filed a motion in opposition to the request of Nationwide Biweekly Administration, a biweekly mortgage payment company, to alter, amend or vacate the prior judgment against the firm. This past September, the CFPB won one and lost one in a ruling from the U.S. District Court for the Northern District of California in the case. The agency won a $7.9 million civil penalty from the defendants. However, it lost out on $74 million in sought-after restitution. The bureau also originally insisted the defendants post a bond, even though that ... Read More

CFPB Drops Litigation Against Payday Lenders. Is the Rule Next?

The CFPB has decided to abandon its pursuit of a group of payday lenders it had accused of misleading consumers about the true extent of the costs associated with its loans, which purportedly carried interest rates as high as 950 percent a year. The agency gave no explanation about its decision to reverse course. An interesting twist is that payday lenders are generally regulated at the state level, and since the lenders in this case happen to be associated with a Native American tribe, they can argue that state laws do not apply to them. Payday Lending Rule Kaput? Also last week, the CFPB indicated it might just deep-six its controversial payday lending rule. “Jan. 16, 2018, is the effective ... Read More

House Panel Green Lights Multiple Mortgage-Related Measures

The House Financial Services Committee last week advanced a number of bills for a vote by the full House, including legislation that would expand the qualified mortgage box for smaller entities and exempt many institutions from the rules and regulations issued by the CFPB. One of the bills passed was H.R. 2226, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY. The measure would amend the Truth in Lending Act to allow certain mortgage loans that are originated and retained in portfolio by an insured depository institution or an insured credit union with less than $10 billion in total consolidated assets to be considered as qualified mortgages. Then there was H.R. 1264, the Community Financial Institution ... Read More

Compliance Attorneys Expect Easing of Reg, Enforcement

Some top compliance attorneys are optimistic that the CFPB under Acting Director Mick Mulvaney, or another President Trump appointee, will provide greater regulatory relief and clarity for lenders, and an easing of enforcement activity. Included in that mix could well be a return to the more traditional interpretation the Department of Housing and Urban Development had for the Real Estate Settlement Procedures Act. Gerald Sachs, formerly senior counsel for policy and strategy at the bureau and now a partner with the Venable law firm in Washington, DC, told Inside the CFPB recently he anticipates that “mortgage rules would be amended or revised to lessen the regulatory burden, clarify industry concerns or issues, and allow more access to credit.” In addition, ... Read More

Will ATR, Servicing ‘Look Backs’ Bring Big Change to the Industry?

It’s likely that mortgage lenders and servicers will get some degree of consideration and accommodation from the CFPB during the Trump administration, thanks to some reviews the bureau is required to make of its major rulemaking as per the Dodd-Frank Act. “The Dodd-Frank Act requires the CFPB to look back and conduct an assessment of each significant rule not later than five years after its effective date,” said former CFPB official Benjamin Olson, now a partner in the Washington, DC, office of the Buckley Sandler law firm, during a webinar last week sponsored by Inside Mortgage Finance. The purpose of this assessment is to look at the effectiveness of the rule in meeting its purposes and objectives under the statute ... Read More

Consumer Mortgage Complaints Plunge Broadly by Double Digits

Consumer complaints to the CFPB about mortgage-related issues are on the verge of a free-fall, with volumes dropping by double digits, quarterly and annually, in every category tracked, according to a new analysis and ranking by Inside the CFPB. For starters, total gripes fell 15.9 percent from the third quarter of 2017 to the fourth quarter, and by 27.8 percent year over year. Digging into specific kinds of complaints, criticisms about loan modifications mirrored those trend lines, dropping 15.3 percent from 3Q17 to 4Q17, and by 29.2 percent on an annual basis. When it came to mortgage servicing, consumer kvetching was on a parallel track, down 13.0 percent and 26.4 percent, quarter over quarter and year over year, respectively. In ... Read More

Other News in Brief: The CFPB is Still Open/Cordray to Face Kucinich/CFPB Adjusts Civil Penalties for Inflation

The CFPB is Still Open, Government Shutdown and Mick Mulvaney Notwithstanding. Much of the federal government in Washington, DC, is back in shutdown mode, after last-minute budgetary brinkmanship on Capitol Hill failed to keep the requisite funds flowing. ... Cordray to Face Kucinich in Contest for Democrat Nomination for Ohio Governor. Former Rep. Dennis Kucinich, D-OH, recently filed paperwork with the Ohio Secretary of State’s office officially declaring his candidacy for the Democrat nomination for governor, an indication that former CFPB Director Richard Cordray will face plenty of opposition for the position.... Read More

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