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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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January 19, 2021

SBA Procedural Notice - Paycheck Protection Program Excess Loan Amount Errors

The Small Business Administration addresses questions related to good-faith errors made either by borrowers or lenders that result in loan amounts exceeding the eligible max. Borrowers may not receive forgiveness for excess loan amounts.

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January 19, 2021

SBA Procedural Notice - PPP Resubmissions of Loan Forgiveness Applications

The Small Business Administration released information for PPP lenders on the process for borrowers to resubmit loan forgiveness applications using the simplified Form 3508S if they had already applied using earlier forms.

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January 19, 2021

SBA Issues FAQs for the Paycheck Protection Program Re-Opening

The Small Business Administration (SBA), in consultation with the Department of the Treasury, is providing this guidance to assist businesses in calculating their revenue reduction and payroll costs (and the relevant documentation that is required to support each set of calculations) for purposes of determining their eligibility for and amount of a Second Draw PPP Loan.

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January 19, 2021

Consumer Financial Protection Bureau Issues Rule On Higher-Priced Mortgage Loan Escrow Exemption

The CFPB issued a final rule to implement a requirement of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA), exempting certain insured depository institutions and insured credit unions from the requirement to establish escrow accounts for certain higher-priced mortgage loans (HPMLs).

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January 19, 2021

Consumer Financial Protection Bureau Issues Final Rule on the Role of Supervisory Guidance

The CFPB issued a final rule regarding the Bureau’s use of supervisory guidance for its supervised institutions, which codifies the statement, with amendments, that the Bureau and other federal financial regulatory agencies issued in September 2018.

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January 15, 2021

FinCEN Proposed Rule: Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets

FinCEN has issued a notice of proposed rulemaking proposing requirements for banks and money services businesses related to certain transactions involving convertible virtual currency or digital assets with legal tender status; comments are due on February 1, 2021 for the proposed reporting requirements and March 1, 2021 for all other aspects of the proposed rule.

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Introducing: ACES PROTECT®

Introducing: ACES PROTECT®

Automated compliance tests to ensure compliance on more loans in less time

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January 15, 2021

CFPB Final Rule: Civil Penalty Inflation Adjustments

The CFPB is adjusting for inflation the maximum amount of each civil penalty within the Bureau's jurisdiction effective January 15, 2021.

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January 15, 2021

CFPB Advisory Opinion: Equal Credit Opportunity (Regulation B); Special Purpose Credit Programs

The CFPB issued an Advisory Opinion (AO) to address regulatory uncertainty regarding Regulation B, which implements the Equal Credit Opportunity Act, as it applies to certain aspects of special-purpose credit programs designed and implemented by for-profit organizations to meet special social needs.

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January 15, 2021

NCUA Proposed Rule: Overdraft Policy

The NCUA issued a proposed rule to amend to modify the requirement that an FCU's written overdraft policy establish a time limit that is both reasonable and applicable to all members (removing the current 45 calendar days limit), for a member to either deposit funds or obtain an approved loan from the FCU to cover each overdraft; comments are due on or before February 16, 2021.

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January 15, 2021

OCC Final Rule: Fair Access to Financial Services

The OCC issued a final rule to ensure fair access to banking services provided by large national banks, federal savings associations, and federal branches and agencies of foreign bank organizations; effective April 1, 2021.

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Learn Why Clients Love ACES

Learn Why Clients Love ACES

"ACES has shined a light on our productivity and empowered us to hold our teams accountable."

- Emilee Rada, Director of Lending Operations at Georgia's Own Credit Union

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January 14, 2021

Consumer Financial Protection Bureau and National Credit Union Administration Sign Memorandum of Understanding

The CFPB and NCUA announced a Memorandum of Understanding (MOU) agreement to improve coordination between the agencies related to the consumer protection supervision of credit unions over $10 billion dollars in assets.

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January 13, 2021

CFPB Encouraging Financial Institutions to Serve Consumers with Limited English Proficiency

The CFPB has issued guidance that encourages financial institutions to better serve limited English proficient (LEP) consumers, providing principles and guidelines to inform and assist financial institutions seeking to better serve LEP consumers in non-English languages.

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January 12, 2021

Proposed Rule: Computer-Security Incident Notification Requirements for Banking Organizations and Their Bank Service Providers

The OCC, FRS, and FDIC issued a notice of proposed rulemaking that would require a banking organization to provide its primary federal regulator with prompt notification of any “computer-security incident” that rises to the level of a “notification incident” as soon as possible and no later than 36 hours after the banking organization believes in good faith that the incident occurred; comments are due April 12, 2021.

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January 11, 2021

SBA releases PPP guidance and expansion rules

Buckley LLP

The Small Business Administration (SBA) has released guidance for accessing PPP capital for minority, underserved, veteran, and women-owned businesses, as well as two interim final rules implementing the various changes to the PPP made by the Economic Aid Act and addressing the PPP Second Draw.

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