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Inside the CFPB

August 20, 2018

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States to Focus on Mortgage Servicing, Risks on Inconsistency

The state of Washington recently tightened its rules for mortgage servicers, another indicator that state regulators may pick up the slack from a perceived pullback by federal regulators regarding mortgage servicing. The Washington Department of Financial Institutions earlier this month amended its regulations under the Consumer Loan Act, requiring servicers to inform the DFI if the company’s capital falls below levels required by Fannie Mae or Freddie Mac, or if their ... Read More

Will CFPB Do Less or More In Mortgage Servicing?

Experts disagree on whether the CFPB would pull back in the enforcement of mortgage servicing. Jaret Seiberg, a financial services and housing policy analyst for Cowen Washington Research Group, said there is a huge shift in regulating financial services since Republicans gained control of the White House. Loan servicers, particularly, could see “material differences” in the way federal agencies treat their businesses. “We have seen far less enforcement ... Read More

Senate Committee to Take a Vote on CFPB Nomination This Week

Kathy Kraninger’s nomination to head the CFPB is expected to be approved by the Senate Banking, Housing Urban Affairs Committee this week, but the outlook for a floor vote is iffy, said attorneys. The Senate banking panel has scheduled a vote on the Trump administration’s CFPB nominee for Aug. 23. The committee had delayed the vote earlier this month because of a short Senate summer recess. Despite the contentious confirmation hearing in ... Read More

Senate Dems Want CFPB to Keep Military Lending Act Protections

All 49 Democratic senators last week signed a letter to Acting CFPB Director Mick Mulvaney, urging him to continue protecting servicemembers and their families under the Military Lending Act. The letter follows reports that Mulvaney plans to suspend examining lenders for MLA compliance. The senators called on Mulvaney not to halt military lending checks or take steps that would potentially harm servicemembers and their families. “The CFPB should not be abandoning ... Read More

State Regulators Adopt Uniform Single MLO Licensing Test

The Conference of State Bank Supervisors recently announced that all states and U.S. territories now use a single, common exam to assess mortgage loan originators. In the past, a mortgage license candidate would need to take the national exam and a separate test for each state license. Now, MLOs only need take a national test – the National SAFE MLO Test with Uniform State Content – to hold a license. State regulators started to test a uniform national exam five years ago ... Read More

CFPB Finalizes Exceptions on Sending Annual Privacy Notices

The CFPB recently finalized its proposed amendment to allow certain financial institutions to be exempt from sending annual privacy notices to their customers. The Gramm-Leach-Bliley Act generally requires financial institutions to provide customers with annual notices regarding their privacy policies. If the institution shares consumer information with third parties, the annual notice must provide customers with an opportunity to opt out of such sharing. The CFPB issued ... Read More

CFPB to Appeal the Ruling That Its Structure is Unconstitutional

The CFPB recently signaled it will seek to appeal the constitutionality ruling by a New York federal judge. The CFPB has filed a letter with Judge Loretta Preska of the U.S. District Court for the Southern District of New York, requesting the court to “enter a final judgement” in the RD Legal Funding case. If this request is granted, the CFPB will be able to appeal Preska’s ruling that the CFPB’s structure is unconstitutional to the U.S. Court of Appeals for the Second Circuit ... Read More

CFPB Joins Global Fintech Network; OCC Fintech Charter Controversial

The CFPB recently joined with a group of foreign regulators to cooperate on the regulation of fintech, with the aim to facilitate responsible cross-border experimentation of new ideas. The group proposed to create the Global Financial Innovation Network to help new technology grow in a more relaxed regulatory environment worldwide. “The network will seek to provide a more efficient way for innovative firms to interact with regulators, helping them navigate ... Read More

CFPB Likely to Delay Payday Rule Compliance Date by Rulemaking

A federal court in Texas recently refused for the second time to delay the compliance date of the CFPB’s payday lending rule, which generally leaves the agency only one option to delay the date: through notice-and-comment rulemaking procedures. “There is a significant likelihood that the bureau might extend the compliance deadline” through rulemaking, said Quyen Truong, a partner at Stroock & Stroock & Lavan. Two payday lending trade groups earlier this year ... Read More

Seventh Settlement: CFPB Fines Online Payday Lenders $69M

The CFPB recently imposed a $69 million judgement against two individuals and a group of payday lending entities controlled by them for cash-grab scams, although most of it will be waived. This is the seventh enforcement action brought by the CFPB so far this year, and also the third involving payday lenders. The U.S. District Court for the Western District of Missouri Western Division recently entered an order effectuating a settlement between the CFPB ... Read More

Other News in Brief: HMDA Verification Tool; Mulvaney's Job Addresses; CFPB Reform

CFPB Announces HMDA File Format Verification Tool and New 2017 Dataset. The CFPB earlier this month released the 2018 File Format Verification Tool (FFVT) which tests whether HMDA reporters’ files meet certain formatting requirements needed to submit data to the HMDA platform. Specifically, the FFVT will test whether the file is pipe-delimited, has the proper number of data fields, and has data fields formatting as integers, where necessary ... [Includes three briefs] Read More

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