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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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February 13, 2023

CFPB Issues Guidance to Protect Mortgage Borrowers from Pay-to-Play Digital Comparison-Shopping Platforms

The CFPB has issued an advisory opinion “to address the applicability of the Real Estate Settlement Procedures Act (RESPA) section 8 to operators of certain digital technology platforms that enable consumers to comparison shop for mortgages and other real estate settlement services, including platforms that generate potential leads for the platform participants through consumers’ interaction with the platform (Digital Mortgage Comparison-Shopping Platforms).”

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February 09, 2023

CFPB publishes HMDA Regulatory and Reporting Overview Reference Chart for Data Collected in 2023

The CFPB has published the Regulatory and Reporting Overview Reference Chart for HMDA Data Collected in 2023.

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February 07, 2023

CFPB Advisory Opinion Digital Mortgage Comparison Shopping Platforms May Violate RESPA

The Consumer Financial Protection Bureau (CFPB) has issued an Advisory Opinion clarifying how digital mortgage comparison-shopping platforms may violate the Real Estate Settlement Procedures Act (RESPA) by steering consumers to lenders or service providers in violation of Section 8.

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February 01, 2023

CFPB Proposed Credit Card Late Fee Rule

The Consumer Financial Protection Bureau has proposed a rule that would impose limits on the amounts of late fees charged on credit card payments.

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January 23, 2023

FinCEN Issues Final Rule Regarding Civil Monetary Penalties Inflation Adjustment

The Financial Crimes Enforcement Network (FinCEN) issued a final rule to reflect inflation adjustments to its civil monetary penalties effective January 19, 2023.

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January 05, 2023

Filing Period for 2022 HMDA Data Open

The CFPB has announced that the filing period for HMDA data collected in 2022 opened on January 1, 2023, and all submissions will be considered timely if received on or before Wednesday, March 1, 2023.

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December 30, 2022

CFPB Civil Penalty Inflation Adjustments Under the Federal Civil Penalties Inflation Adjustment Act

The CFPB has announced the annual adjustments for inflation to the Bureau’s civil penalty amounts, as required by the Federal Civil Penalties Inflation Adjustment Act, as amended and effective on January 15, 2023.

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December 30, 2022

CFPB Announces Asset-Size Threshold Adjustments Under TILA (Regulation Z)

The CFPB has announced the asset-size exemption thresholds for certain creditors under the escrow requirements and small creditor portfolio and balloon-payment qualified mortgage requirements, and the small creditor exemption from the prohibition against balloon-payment high-cost mortgages under Regulation Z, effective January 1, 2023.

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December 30, 2022

CFPB Announces Asset-Size Threshold Adjustments Under HMDA (Regulation C)

The CFPB has issued the annual threshold adjustment final rules relating to the asset-size exemption thresholds for depository institutions under Regulation C, effective on January 1, 2023.

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December 28, 2022

FDIC Issues Notice of Proposed Rulemaking Regarding Advertising Requirements

The FDIC has issued a notice of proposed rulemaking (NPR) with regard to rules governing use of the official FDIC sign and insured depository institutions’ advertising statements. Public comments must be received no later than Wednesday, February 21, 2023.

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December 28, 2022

CFPB Issues Technical Amendment to HMDA Threshold for Closed-End Mortgages

The CFPB issued a technical amendment resulting from the U.S. District Court for the District of Columbia decision to vacate the 2020 HMDA Rule that increased the closed-end mortgage loan reporting threshold from 25 loans to 100 loans in each of the two preceding calendar years, which was effective July 1, 2020. The reporting threshold for closed-end mortgage loans has been set back to 25 loans, as established by the 2015 HMDA Rule. The amendment is effective on December 21, 2022.

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December 19, 2022

FRB Enacts Final Rule: Adjustable Rate (LIBOR) Act

The Federal Reserve Board has adopted a final rule implementing the Adjustable Interest Rate (LIBOR) Act which identifies benchmark rates based on SOFR (Secured Overnight Financing Rate) to replace LIBOR after June 30, 2023.

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December 14, 2022

CFPB Issues HMDA Technical Amendment.

On December 13, 2022, the Consumer Financial Protection Bureau issued a technical amendment update to HMDA Regulation C to reflect the closed-end mortgage loan threshold under a recent court decision.

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December 06, 2022

CFPB Addresses HMDA Threshold Change from September 2022

CFPB Blog- Woody Anglade, Patrice Alexander Ficklin, and Timothy Lambert

A blog post issued by the CFPB indicates supervisory expectations regarding a change made to the closed-end HMDA reporting threshold that resulted from a US District Court decision in the District of Columbia on September 23, 2022.

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