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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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October 22, 2020

Consumer Financial Protection Bureau Releases Advance Notice Of Proposed Rulemaking On Consumer Access To Financial Records

The CFPB issued an advance notice of proposed rulemaking (ANPR) requesting information related to consumer access to financial records, requesting feedback specifically on implementing Section 1033 of the Dodd-Frank Act; comments are due within 90 days after the ANPR’s publication in the Federal Register.

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October 21, 2020

IRS Form 4506-C IVES Request for Transcript of Tax Return

On September 19, 2020, the IRS formally published Form 4506-C (September 2020), specific for use by lenders utilizing IVES (Income Verification Express Service).

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October 20, 2020

FDIC PR-116-2020 Agencies Issue Final Rule to Strengthen Resilience of Large Banks (Liquidity Rule)

The OCC, FRS, and FDIC have issued a net stable funding ratio, or NSFR, final rule that will require large banks to maintain a minimum level of stable funding, relative to each institution’s assets, derivatives, and commitments effective July 1, 2021.

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October 20, 2020

Consumer Financial Protection Bureau Issues Final Rule Extending the GSE Patch

The CFPB issued a final rule to extend the GSE Patch, originally scheduled to expire on January 10, 2021, until the mandatory compliance date of a final rule amending the General Qualified Mortgage (QM) loan definition in Regulation Z.

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October 20, 2020

FDIC PR-114-2020 The FDIC Approves Interim Final Rule to Provide Temporary Relief from Part 363 Audit and Reporting Requirements

The FDIC issued an interim final rule that allows insured depository institutions to who have experienced large cash inflows resulting from COVID-19 government stimulus efforts to use the consolidated total assets as of December 31, 2019 to determine whether they are subject to the requirements of Part 363 of the FDIC’s regulations for fiscal years ending in 2021.

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October 19, 2020

CFPB Publishes 2021 Reportable HMDA Data: A Regulatory and Reporting Overview Reference Chart

The CFPB published a reference tool for HMDA data required to be collected and recorded in 2021 and reported in 2022.

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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

Hear Why

October 16, 2020

Are regulators 'asleep at the switch'?

Mortgage Professional America – Ryan Smith

As the COVID-19 pandemic threatens the housing market and the broader economy, top Democrat accuses the agencies of not doing enough to prepare for threats to financial stability.

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October 14, 2020

NCUA Final Rule: Real Estate Appraisals

NCUA is adopting as final an interim final rule previously published to defer the requirement to obtain an appraisal or written estimate of market value for up to 120 days following the closing of certain residential and commercial real estate transactions, excluding transactions for acquisition, development, and construction of real estate, effective October 14, 2020, through December 31, 2020.

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October 09, 2020

FDIC FIL-95-2020 Bank Secrecy Act: Customer Identification Program Rule Exemption for Insurance Premium Finance Loans

The FDIC, FRS, OCC, and NCUA, in conjunction with FinCEN, rant an exemption from the requirements of the customer identification program (CIP) rules for loans extended by banks and their subsidiaries to all customers to facilitate purchases of property and casualty insurance policies.

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October 09, 2020

Regulatory Capital Rule: Temporary Changes to and Transition for the Community Bank Leverage Ratio Framework

The OCC, FRS, and FDIC are adopting, without change, final revisions to the community bank leverage ratio framework made under two interim final rules issued April 23, 2020 effective November 9, 2020.

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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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October 07, 2020

CFPB Rescinds Bulletin 2015-05 RESPA Compliance and Marketing Services Agreements

The CFPB rescinded Compliance Bulletin 2015-05, RESPA Compliance and Marketing Services Agreements as the Bureau has provided in FAQs that whether a particular MSA violates RESPA Section 8 will depend on specific facts and circumstances, including how the MSA is structured and implemented.

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October 07, 2020

CFPB Issues RESPA FAQs on Marketing Services Agreements (MSAs)

The CFPB published a set of Frequently Asked Questions (FAQs) discussing topics under the Real Estate Settlement Procedures Act (RESPA) and Regulation X; specifically, Section 8 addressing the application of these provisions to gifts and promotional activities and also to marketing services agreements (MSAs).

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October 07, 2020

4th Circuit reverses dismissal of RESPA property tax suit

Buckley

The dismissal of a class action lawsuit that the mortgage servicer is obligated under RESPA to pay the property taxes as they become due has been reversed by the the U.S. Court of Appeals for the Fourth Circuit.

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October 06, 2020

NCUA Issues Final Rule Regarding Technical Amendments

The NCUA has issued a final rule that makes technical amendments correcting minor technical problems and to improve clarity.

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