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Federal Legislation

This topic consolidates legislative summaries of proposed and final regulatory rules impacting the mortgage banking industry today. This includes rules promulgated by federal regulatory agencies as well as up-to-the-minute legislative actions out of Washington, DC.

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August 22, 2022

Engagement in Crypto-Asset-Related Activities by Federal Reserve-Supervised Banking Organizations

The Federal Reserve Board has issued supervisory letter SR 22-6 recommending steps that federally supervised banking organizations should take that engage in or are seeking to engage in crypto-asset-related activities.

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August 19, 2022

FDIC: Supervisory Guidance on Multiple Re-Presentment NSF Fees

The Federal Deposit Insurance Corporation (FDIC) is issuing guidance to ensure that supervised institutions are aware of the consumer compliance risks associated with assessing multiple nonsufficient funds (NSF) fees arising from the re-presentment of the same unpaid transaction.

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August 03, 2022

FDIC Supervisory Highlights- Summer 2022 Edition

The Summer 2022 issue of Supervisory Insights features two articles of interest to examiners, bankers, and supervisors as well as the Regulatory and Supervisory Roundup, an overview of recently released regulations and other items of interest.

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July 29, 2022

CFPB and Justice Department Issue Joint Letter to Auto Finance Companies about Servicemember Protections

The Department of Justice and the Consumer Financial Protection Bureau (CFPB) issued a joint letter reminding auto finance companies of their responsibilities to recognize important legal protections for military families under the Servicemembers Civil Rights Act (SCRA).

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July 28, 2022

CFPB Adds New Section to Debt Collection Rule FAQs

The Consumer Financial Protection Bureau (CFPB) has issued new FAQs to address questions related to the electronic communication and unusual or inconvenient time and place provisions in the Debt Collection Rule.

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July 28, 2022

MBA Applauds House Passage of Remote Online Notarization Bill

On July 27, 2022, the House passed legislation creating federal minimum standards to allow notaries in all states to perform remote online notarization transactions.

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July 26, 2022

Federal Reserve Board issues proposal on benchmark replacements for contracts that use LIBOR

Ballard Spahr LLP--John L. Culhane, Jr. & Richard J. Andreano, Jr.

The Federal Reserve Board is proposing default rules known as the Adjustable Interest Rate (LIBOR) Act to establish benchmark replacements in certain contracts that use LIBOR, which will be discontinued in 2023.

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July 25, 2022

FDIC Updates Enforcement Actions Manual: Minimum Standards for Termination of Cease-and-Desist and Consent Orders

The Federal Deposit Insurance Corporation (FDIC) has updated chapters one and four of its Formal and Informal Enforcement Actions Manual regarding the agency’s minimum standards for terminating cease and desist and consent orders issued under Section 8(b) of the Federal Deposit Insurance (FDI) Act.

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July 20, 2022

FDIC Regulatory Relief: Guidance to Help Financial Institutions Affected by Severe Storm and Flooding in Areas of Montana

The FDIC has announced a series of steps intended to provide regulatory relief to financial institutions and facilitate recovery in areas of Montana affected by a severe storm and flooding.

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July 13, 2022

Fannie, Freddie NPL Sales at 155,000

Mortgage Bankers Association

On July 12, 2022, the Federal Housing Finance Agency reported the GSEs had sold nearly 155,000 non-performing loans with a total unpaid principal balance of $28.7 billion since 2014.

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July 11, 2022

FHFA Provides Foreclosure, Refi, REO Updates

DS News – Eric C. Peck

The Federal Housing Finance Agency (FHFA) has published its 2022 first-quarter Foreclosure Prevention and Refinance Report.

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July 07, 2022

CFPB Advisory Opinion Fair Credit Reporting; Permissible Purposes for Furnishing, Using, and Obtaining

The CFPC has issued an Advisory Opinion to highlight the Fair Credit Reporting Act’s permissible purpose requirements that explains that the FCRA’s permissible purpose requirements are consumer specific and that under certain permissible purpose provisions, a consumer reporting agency may not provide a consumer report to a user unless it has reason to believe that all of the consumer report information it includes pertains to the consumer who is the subject of the user’s request.

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July 06, 2022

OCC Bulletin 2022-18- BSA/AML Joint Statement on the Risk-Based Approach to Assessing Customer Relationships and Conducting Customer Due Diligence

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Financial Crimes Enforcement Network, and the National Credit Union Administration (collectively, the agencies) today issued a joint statement to remind banks of the risk-based approach to assessing customer relationships and conducting customer due diligence (CDD).

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July 06, 2022

CFPB Issues Rule Affirming States’ Ability to Protect Residents

DS News - Demetria Lester

The Consumer Financial Protection Bureau has issued an interpretive rule affirming states’ ability to protect their residents through fair credit reporting laws.

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