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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 18, 2020

Consumer Financial Protection Bureau Issues Final Rule on Consumer Disclosures Related to Debt Collection

The CFPB issued a second Debt Collection final rule, which clarifies the information that a debt collector must provide to a consumer at the outset of debt collection communications and provides a model notice containing such information, prohibits debt collectors from bringing or threatening to bring a legal action against a consumer to collect a time-barred debt, and requires debt collectors to take certain actions before furnishing information about a consumer’s debt to a consumer reporting agency; effective November 30, 2021.

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December 17, 2020

OCC Proposes Rule Regarding Exemptions to Suspicious Activity Report Requirements

The OCC issued proposed rules that would allow the agency to issue exemptions from Suspicious Activity Report requirements where it deems appropriate, in an effort to help reduce regulatory burden on banks while encouraging innovation in BSA/AML compliance; comments are due 30 days after publication in the Federal Register.

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December 17, 2020

OFAC Introduction of the Non-SDN Menu-Based Sanctions (NS-MBS) List

OFAC has introduced a new Non-SDN Menu-Based Sanctions (NS-MBS) List designed as a reference tool that identifies persons subject to certain non-blocking menu-based sanctions that have been imposed under statutory or other authorities.

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December 17, 2020

FFIEC Releases 2021 CRA Asset-Size Threshold Adjustments

FFIEC has updated the CRA website to publish the annual release of the CRA asset-size thresholds used to define large institutions, intermediate small institutions, and small institutions

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December 16, 2020

FDIC Releases New 2020 Community Banking Study

The FDIC released a new large-scale study on the state of the nation’s community banks, finding that the banks played a critical role in providing access to credit in several key areas of the U.S. economy, particularly through lending to support commercial real estate, small businesses and agriculture.

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December 16, 2020

Consumer Financial Protection Bureau Releases Report On Implementing The Dodd-Frank Act's Small Business Lending Data Collection Requirement

The CFPB released a panel report on its rulemaking process under Dodd-Frank Act Section 1071 governing the collection and reporting of small business lending data.

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Learn Why Clients Love ACES

Learn Why Clients Love ACES

"We are already ahead of the game and without having to add additional FTEs."

- Julie Baril, QC Manager at Norcom Mortgage

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December 14, 2020

CFPB completes overhaul of two QM loan rules

Mortgage Professional America – Candyd Mendoza

The Consumer Financial Protection Bureau (CFPB) completes an overhaul for two proposed rules that change the lending requirements for qualified mortgage loans to expand consumer access and affordability.

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December 12, 2020

OCC Bulletin 2020-108 Swap Margin Rule: Joint Statement Regarding Treatment of Certain Legacy Swaps Affected by Brexit and the Swap Margin Rule

The OCC and Federal Reserve Board issued a joint statement to address the ability of a covered swap entity subject to the OCC’s or Federal Reserve Board’s jurisdiction, respectively, to service the covered swap entity’s cross-border clients.

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December 11, 2020

CFPB Fall 2020 Rulemaking Agenda

The CFPB published its Fall 2020 Rulemaking Agenda, including key regulatory activities planned over the course of the next year: an additional final rule on debt collection (disclosures related to the validation notice and time-barred debt); LIBOR retirement rulemaking; interagency final rules to regulations to implement the amendments made by the Dodd-Frank Act to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) concerning appraisals; possible amendments to mortgage servicing rules to address actions required of servicers working with borrowers affected by natural disasters or other emergencies; and more.

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December 11, 2020

SBA addresses Loan Necessity Questionnaire review process

Buckley LLP

The SBA has updated the Paycheck Protection Program Loans Frequently Asked Questions (FAQs) to address the SBA’s Loan Necessity Questionnaire.

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Learn Why Clients Love ACES

Learn Why Clients Love ACES

"ACES has made my life so much easier from a QC perspective. It's life-changing"

- Kelly Cooper Spencer, QC & Business Intelligence Data Manager at Thrive Mortgage

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December 11, 2020

FinCEN Further Extends FBAR Deadline for Certain Financial Professionals

The Financial Crimes Enforcement Network (FinCEN) today announced a further extension of time for certain Report of Foreign Bank and Financial Accounts (FBAR) filings in light of the notice of proposed rulemaking FinCEN issued on March 10, 2016, which proposes to revise the regulations implementing the Bank Secrecy Act regarding FBARs.

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December 11, 2020

FRS Final Rule Reserve Requirements of Depository Institutions

The Federal Reserve is amending Regulation D, Reserve Requirements of Depository Institutions, to reflect the annual indexing of the reserve requirement exemption amount at $21.1 million of reservable liabilities and the low reserve tranche at $182.9 million for 2021.

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December 11, 2020

OCC Final Rule Licensing Amendments

The OCC published a final rule amending licensing requirements to update and clarify the policies and procedures, eliminate unnecessary requirements consistent with safety and soundness, and make other technical and conforming changes; the final rule is effective on January 11, 2021, except for instruction 15g which is effective on December 11, 2020.

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December 10, 2020

CFPB Final Rule Issued for Seasoned Qualified Mortgage (QM) Loans

The CFPB issued a final rule adding a Seasoned QM loan definition in Regulation Z; creating a new category of Seasoned QMs for first-lien, fixed-rate covered transactions that have met certain performance requirements, are held in portfolio by the originating creditor or first purchaser for a 36-month period, comply with general restrictions on product features and points and fees, and meet certain underwriting requirements. The Seasoned QM Final Rule will apply to covered transactions for which creditors receive an application on or after the effective date.

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