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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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July 26, 2019

NCUA Issues Final Rule Regarding Real Estate Appraisals

Summary: 

The NCUA Board has amended the agency’s rule requiring real estate appraisals for certain transactions. The final rule accomplishes four objectives: 

(1) increasing the threshold below which appraisals are not required for commercial real estate transactions from $250,000 to $1,000,000;

(2) restructuring the rule to enhance clarity; 

(3) exempting from the rule certain federally related transactions involving real estate in a rural area; and 

(4) making conforming amendments to the definitions section. 

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July 25, 2019

Consumer Financial Protection Bureau Releases Qualified Mortgage ANPR

The CFPB has issued an Advance Notice of Proposed Rulemaking (ANPR) regarding the expiration of the temporary ATR/QM provision for loans eligible for purchase or guarantee by Fannie Mae and Freddie Mac.

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July 24, 2019

OCC BULLETIN 2019-37 Fraud Risk Management Principles

The OCC issued a bulletin announcing sound fraud risk management principles.

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July 23, 2019

OCC Bulletin 2019-34 Simplifications to the Capital Rule: Final Rule

A final rule has been published in the Federal Register that simplifies certain aspects of the capital rule.

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July 23, 2019

OCC Bulletin 2019-32 Volcker Rule: Final Rule

The final rule

  • excludes from the definition of “banking entity” for firms with total consolidated assets equal to or less than $10 billion or less and total trading assets and liabilities equal to 5% or less of total consolidated assets.
  • permits with conditions, a hedge fund or private equity fund to share the same name or a variation of the same name with an investment adviser that is not an insured depository institution, company that controls an insured depository institution, or bank holding company.
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July 23, 2019

Utah judge to halt FHA's down payment assistance rule changes

Housingwire--Jessica Guerin

A federal judge in Utah has granted a motion to delay the implementation of changes to FHA’s down payment assistance rule due to disputes continuing n federal court.

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July 22, 2019

Federal Bank Regulatory Agencies and FinCEN Improve Transparency of Risk-Focused BSA/AML Supervision

FINCen and its regulatory partners have issued a joint statement outlining common practices for assessing a bank’s money laundering/terrorist financing risk profile, assisting examiners in scoping and planning the examination and initially evaluating the adequacy of the BSA/AML compliance program.

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July 22, 2019

RHS Issues Final Rule for Single Close Combination Construction to Permanent Loans

The Rural Housing Service (RHS or Agency) published a proposed rule on June 20, 2018 to amend the current regulation for the Single-Family Housing Guaranteed Loan Program (SFHGLP) Single Close Combination Construction to Permanent Loans (aka “single close loans”), and now adopts the proposed changes in this final rule with some modifications.

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July 19, 2019

NCUA Board finalizes rules, issues ‘Second Chance’ proposal

Credit Union National Association

Yesterday the NCUA adopted a final rule on real estate appraisals increasing the threshold for requiring appraisals on commercial real estate transactions, as well as a fidelity bonds rule. 

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July 17, 2019

Federal Bank Regulatory Agencies Announce Coordination of Reviews for Certain Foreign Funds Under Volcker Rule

The Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency have announced the delay in applying Volcker Rule restrictions to certain foreign funds for an additional two years. 

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July 16, 2019

FDIC Board Finalizes Changes to Recordkeeping Requirements for Deposit Insurance Determinations

The Board of Directors of the Federal Deposit Insurance Corporation (FDIC) has approved amendments to two rules to simplify the process for making insurance determinations in the event a bank is placed into receivership.

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July 16, 2019

Notice of OFAC Sanctions Action

OFAC has published names of one or more persons that have been placed on OFAC's Specially Designated Nationals and Blocked Persons List.

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July 15, 2019

FDIC FIL-40-2019 Consolidated Reports of Condition and Income for Second Quarter 2019

FDIC has released the materials necessary to prepare the June 2019 Consolidated Reports of Condition and Income (Call Reports).

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July 15, 2019

FinCEN Updates: FinCEN Issues Advisory on the FATF-Identified Jurisdictions with AML/CFT Deficiencies and Relevant Actions by the U.S. Government

FinCEN has issued an advisory to financial institutions regarding an updated list of jurisdictions with strategic anti-money laundering and combating the financing of terrorism (AML/CFT) deficiencies and relevant actions by the U.S. Government. 

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