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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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June 25, 2021

Agencies Release List of Distressed or Underserved Nonmetropolitan Middle-Income Geographies

The Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation today announced the availability of the 2021 list of distressed or underserved nonmetropolitan middle-income geographies.

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June 25, 2021

HUD Proposed Rule Reinstatement of HUD's Discriminatory Effects Standard

HUD issued a proposed rule to recodify its previously promulgated rule titled, “Implementation of the Fair Housing Act's Discriminatory Effects Standard” (“2013 Rule”), which, as of the date of publication of this Proposed Rule, remains in effect due to the U.S. District Court for the District of Massachusetts preliminary injunction in 2020.

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June 23, 2021

FDIC Statement of Policy Regarding Minority Depository Institutions

FDIC published a Final Rule issuing a Statement of Policy Regarding Minority Depository Institutions that updates, strengthens, and clarifies the agency's policies and procedures related to minority depository institutions effective August 23, 2021.

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June 21, 2021

Federal and State Regulators Release Updates to the BSA/AML Examination Manual

The FFIEC released updates to four sections of the Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual (Manual).

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June 21, 2021

CFPB Spring 2021 Rulemaking Agenda

The CFPB has published the Spring 2021 Rulemaking Agenda which lists the regulatory matters that, to further our consumer protection mission and mandate, we are currently pursuing under interim leadership pending the appointment and confirmation of a permanent Director.

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June 18, 2021

FDIC FIL-44-2021 Observation of New Federal Holiday, Juneteenth National Independence Day

FDIC issued guidance that FDIC-supervised institutions should comply with applicable requirements of their state chartering authority and consider the impact on customers when determining how to proceed with the federal government observation of the new Juneteenth federal holiday on Friday, June 18.

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June 17, 2021

Juneteenth bill creates Truth in Lending Act issue

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

Juneteenth National Independence Day has been signed into law on June 17, 2021 creating an important change under the Truth in Lending Act (TILA) and Regulation Z in relation to the definition of "business day.".

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June 17, 2021

FFIEC Announces the Availability of the 2020 HMDA Data

The FFIEC announced the availability of data on 2020 mortgage lending transactions at 4,475 U.S. financial institutions (including banks, savings associations, credit unions, and mortgage companies) reported under the Home Mortgage Disclosure Act (HMDA).

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June 17, 2021

CFPB to Restart Military Lending Act Supervision

ABA Banking Journal

The Consumer Financial Protection Bureau released an interpretive rule stating that it has statutory authority to conduct Military Lending Act supervision activities and signaled that it would resume MLA examinations.

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June 16, 2021

Consumer Financial Protection Bureau Issues Interpretive Rule on Authority to Resume Examinations Regarding the Military Lending Act

The CFPB issued an interpretive rule that explains the basis for its authority to examine supervised financial institutions for risks to active-duty servicemembers and their dependents (i.e. military borrowers) from conduct that violates the Military Lending Act (MLA).

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June 16, 2021

HUD Interim Final Rule Restoring Affirmatively Furthering Fair Housing Definitions and Certifications

HUD published an interim final rule to restore certain definitions and certifications that have been through notice-and-comment scrutiny and that are grounded in legal precedent to its regulations implementing the Fair Housing Act's requirement to affirmatively further fair housing (AFFH) and reinstate a process by which HUD will provide technical assistance and other support to funding recipients who are engaged in fair housing planning to support their certifications; effective July 31, 2021.

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June 16, 2021

U.S. Treasury Awards $1.25 Billion to CDFIs to Support Economic Relief in Underserved Communities Affected by COVID-19

U.S. Department of the Treasury

The U.S. Department of the Treasury announced $1.25 billion COVID-19 relief funds to 863 community development financial institutions (CDFIs).

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June 15, 2021

CFPB Will Assess the 2015 HMDA Rule and Not Pursue Other HMDA Rulemakings

Ballard Spahr Richard J. Andreano, Jr.

The CFPB stated that it would not take up other HMDA rulemakings; it will assess the October 2015 significant amendments to Regulation C under the Home Mortgage Disclosure Act (HMDA).

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June 09, 2021

RHS Proposed Rule: Single Family Housing Guaranteed Loan Program

The Rural Housing Service (RHS) proposes to amend the current regulation for the Single-Family Housing Guaranteed Loan Program (SFHGLP) to update the requirements for Federally supervised lenders, minimum net worth and experience for non-supervised lenders, approved lender participation requirements, treatment of applicants with delinquent child support payments and builder credit requirements; comments must be submitted on or before August 9, 2021.

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