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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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December 17, 2021

FDIC Quarterly Banking Profile: Third Quarter 2021

The FDIC Quarterly Banking Profile for the third quarter of 2021 has been published and includes two articles:

  • Commercial Real Estate: Resilience, Recovery, and Risks Ahead
  • Implications of Record Deposit Inflows for Banks During the Pandemic
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December 17, 2021

FDIC: Technical Assistance Videos on the Mortgage Servicing Rules

The FDIC has updated five videos intended as a high-level overview to help FDIC-supervised institutions understand and comply with the mortgage servicing rules

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December 17, 2021

OCC Enforcement Actions and Terminations

The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations.

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December 17, 2021

CFPB Opens Inquiry into “Buy Now, Pay Later” Credit

The CFPB issued a series of orders to collect information on the risks and benefits of “buy now, pay later” (BNPL) credit to Affirm, Afterpay, Klarna, PayPal, and Zip due to concerns about accumulating debt, regulatory arbitrage, and data harvesting in a consumer credit market already quickly changing with technology.

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December 17, 2021

OCC Seeks Feedback on Climate-Related Financial Risk Management for Large Banks

The Office of the Comptroller of the Currency (OCC) announced draft principles designed to support the identification and management of climate-related financial risks by banks with more than $100 billion in total consolidated assets and is seeking feedback through February 14, 2022, on all aspects of these draft principles.

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December 17, 2021

Agencies release annual asset-size thresholds under CRA regulations

The Federal Reserve Board and the Federal Deposit Insurance Corporation today announced the 2022 updated asset-size thresholds used to define "small bank" and "intermediate small bank" under their Community Reinvestment Act (CRA) regulations:

  • Small bank means an institution that, as of December 31 of either of the prior two calendar years, had assets of less than $1.384 billion.
  • Intermediate small bank means a small institution with assets of at least $346 million as of December 31 of both of the prior two calendar years and less than $1.384 billion as of December 31 of either of the prior two calendar years.
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December 16, 2021

Federal Agencies Make No Changes to QRM Definition

The OCC, FRB, FDIC, SEC, FHFA, and HUD have made no changes to the definition of qualified residential mortgage (QRM), the community-focused residential mortgage exemption, and the exemption for qualifying three-to-four unit residential mortgage loans in the Credit Risk Retention Regulations, thus maintaining alignment with the CFPB definition of qualified mortgage (QM).

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December 14, 2021

OCC Issues Final Rule Rescinding 2020 CRA Rule

The Office of the Comptroller of the Currency (OCC) issued a final rule to rescind the June 2020 Community Reinvestment Act (CRA) rule and replace it with a rule based on the rules adopted jointly by the Federal banking agencies in 1995, as amended.

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December 14, 2021

CFPB Publishes Fall 2021 Rulemaking Agenda

The Agenda lists the regulatory matters that the CFPB plans to pursue during the period from November 1, 2021 to October 31, 2022

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December 13, 2021

OCC Reports Improvement in Mortgage Performance

The Office of the Comptroller of the Currency (OCC) announced that the performance of first-lien mortgages in the federal banking system improved during the third quarter of 2021.

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December 13, 2021

CFPB Issues Final Rule to Facilitate Transition from LIBOR

The CFPB has finalized a rule facilitating the transition away from the LIBOR interest rate index for consumer financial products.

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December 13, 2021

FDIC December 2021 Consumer News- Overdraft and Account Fees

The FDIC has published its December Consumer News article regarding overdraft and account fees.

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December 10, 2021

OCC Bulletin 2021-60: Revised Comptroller’s Licensing Manual Booklets

The OCC has issued revised licensing booklets which reflect recent updates to 12 CFR 5 and other regulations, as applicable; remove references to outdated guidance and provide current references; and make other minor modifications and corrections throughout.

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December 10, 2021

Acting Comptroller Issues Statement on HUD Guidance for Special Purpose Credit Programs

Office of the Comptroller of the Currency

Michael J. Hsu, the acting Comptroller of the Currency, issued a statement that encouraged national banks and federal savings associations to explore the opportunities available through special-purpose credit programs.

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