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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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November 19, 2020

HUD Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2020

HUD has published it's quarterly Federal Register notices of all regulatory waivers granted by HUD during the period beginning on April 1, 2020 and ending on June 30, 2020.

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November 18, 2020

Final Rule: Consumer Leasing (Regulation M) Annual Threshold Adjustments

The FRS and CFPB published a final rule announcing the Consumer Leasing (Regulation M) exemption threshold will remain at $58,300 effective January 1, 2021.

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November 18, 2020

Final Rule: Truth in Lending (Regulation Z) Threshold Adjustments

The FRS and CFPB published a final rule announcing the Truth in Lending (Regulation Z) Threshold will remain at $58,300 effective January 1, 2021.

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November 18, 2020

Final Rule: Appraisals for Higher-Priced Mortgage Loans Exemption Threshold Adjustment

The OCC, FRS, and CFPB published a final rule announcing the Higher-Priced Mortgage Loans exemption threshold will remain at $27,200, effective January 1, 2021.

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November 06, 2020

FDIC FIL-104-2020 Interagency Statement LIBOR Transition for Loans

FDIC, OCC, and FRS have issued a joint statement reiterating that a bank should include fallback language in its lending contracts that provides for use of a robust fallback rate if the initial reference rate is discontinued.

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November 05, 2020

FinCEN Reissues Real Estate Geographic Targeting Orders for 12 Metropolitan Areas

FinCEN announced the renewal of its Geographic Targeting Orders (GTOs) that require U.S. title insurance companies to identify the natural persons behind shell companies used in all-cash purchases of residential real estate, effective November 6, 2020 and ending on May 4, 2021.

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QC Now: CFPB’s Proposed Mortgage Servicing Rule Amendments

QC Now: CFPB’s Proposed Mortgage Servicing Rule Amendments

Presented by ACES Quality Management's EVP of Compliance, Amanda Phillips, and Ballard Spahr's Reid Herlihy, Richard Andreano, Jr., and Matthew Morr.

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October 30, 2020

Consumer Financial Protection Bureau Issues Final Rule to Implement the Fair Debt Collection Practices Act

The CFPB has issued a final rule to restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt under the Fair Debt Collection Practices Act (FDCPA), effective one year after publication in the Federal Register (date pending).

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October 30, 2020

OCC Final Rule: National Banks and Federal Savings Associations as Lenders

OCC issued a final rule to determine when a national bank or Federal savings association (bank) makes a loan and is the “true lender,” including in the context of a partnership between a bank and a third party, such as a marketplace lender, effective December 29, 2020.

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October 29, 2020

Final Rule: Treatment of Certain Emergency Facilities in the Regulatory Capital Rule and the Liquidity Coverage Ratio Rule

The OCC, FRS, and FDIC adopted final revisions to the regulatory capital rule and the liquidity coverage ratio (LCR) rule made under three interim final rules published in the Federal Register on March 23, April 13, and May 6, 2020; the final rule is effective December 28, 2020.

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October 29, 2020

Consumer Financial Protection Bureau Issues Final Rule, Improves Clarity and Transparency by Amending Disclosure of Records and Information Regulation

The CFPB issued a final rule finalizing changes to its regulations regarding the disclosure of records and information, addressing the confidential treatment of information obtained from persons in connection with the exercise of its authorities under federal consumer financial law.

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October 29, 2020

Agencies propose regulation on the role of supervisory guidance

The OCC, FRS, FDIC, NCUA and CFPB issued a proposed rule to codify the agencies' use of supervisory guidance for regulated institutions, formalizing an announcement from 2018 that declared that guidance does not carry the force of law.

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October 29, 2020

NCUA Issues Proposed Rule - Derivatives Rule

NCUA issued a proposed rule to amend the NCUA's Derivatives rule. This proposed rule is intended to modernize the NCUA's Derivatives rule and make it more principles-based; comments are due by December 28, 2020.

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October 27, 2020

FDIC Updated the Risk Management Manual of Examination Policies (RMS Manual)

FDIC updated the Risk Management Manual of Examination Policies (RMS Manual); specifically, Section 22.1 includes revisions to the Credit Card Related Merchant Activities, Electronic Funds Transfer Risk Assessment, Trust, and Trust - Abbreviated ED modules to clarify certain procedures and to address other technical edits.

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October 23, 2020

Lawmaker tells Kraninger to pump the breaks

Mortgage Professional America – Ryan Smith

Senator Sherrod Brown (D-Ohio) request that CFPB postpone a planned reorganization of its Division of Supervision, Enforcement, and Fair Lending (SEFL) until after the presidential election.

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