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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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May 31, 2019

Congress Again Temporarily Extends National Flood Insurance Program

Ballard Spahr LLP--Richard J. Andreano, Jr. 

Congress has once again temporarily extended the National Flood Insurance Program. As previously reported, at the end of 2018 Congress temporarily extended the Program until May 31, 2019. The recent legislation (S.1693) extends the Program to June 14, 2019. The temporary extension provides time for the House of Representatives to vote on H.R. 2157, which was passed by the Senate with an amendment. The bill would extend the Program until September 30, 2019.

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May 30, 2019

FTC launches dedicated FinTech web page

Ballard Sparh, LLP--Barbara S. Mishkin

The FTC has launched a dedicated FinTech page on its website where it has assembled FinTech-related materials.

The materials that can be accessed on the new page include Guidance (which consists of various FTC publications), Videos (which include excerpts from FTC workshops), Related Posts (which address ongoing FTC developments), and Legal Resources (which include staff reports and filings in enforcement actions).

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May 24, 2019

OCC NR 2019-54 Office of the Comptroller of the Currency Issues Final Rule to Enhance Business Flexibility for Federal Savings Associations

WASHINGTON — The Office of the Comptroller of the Currency (OCC) has issued a final rule that provides more business flexibility to federal savings associations.

“Federal savings associations need the ability to adapt to the needs of their customers and the marketplace,” Comptroller of the Currency Joseph Otting said. “Today’s rule implementing section 206 of the Economic Growth Act help ensures federal thrifts can remain a vibrant part of their communities, capable of evolving as the needs of their customers and communities change.”

The final rule implements section 206 of the Economic Growth, Regulatory Relief, and Consumer Protection Act. The Act requires the OCC to issue regulations to allow federal savings associations with total consolidated assets of $20 billion or less as of December 31, 2017, to elect to operate with national bank powers. Federal savings associations that make the election generally will have the same rights and privileges as a national bank and will be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that apply to national banks.

The final rule aims to provide federal savings associations with additional flexibility to adapt to new economic conditions and business environments without having to change their charters.

The final rule becomes effective on July 1, 2019.

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May 24, 2019

OCC BULLETIN 2019-25 Covered Savings Associations: Final Rule

Description: Final Rule

Summary

On May 24, 2019, the Office of the Comptroller of the Currency (OCC) issued a final rule to allow federal savings associations with total consolidated assets of $20 billion or less as of December 31, 2017, to elect national bank powers and operate as covered savings associations. The final rule aims to provide certain federal savings associations with additional flexibility to adapt to new economic conditions and business environments without changing their charters.

Note for Community Banks

This final rule applies to federal savings associations with total consolidated assets of $20 billion or less as of December 31, 2017.

Highlights

Section 206 of the Economic Growth, Regulatory Relief, and Consumer Protection Act created a new Section 5A in the Home Owners’ Loan Act that requires the OCC to issue regulations to allow federal savings associations with total consolidated assets of $20 billion or less as of December 31, 2017, to elect national bank powers and operate as covered savings associations.

Under the final rule, a covered savings association

  • generally has the same rights and privileges as a national bank with its main office in the same location as the home office of the covered savings association, with some exceptions.
  • is subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that apply to a national bank, with some exceptions.
  • retains its federal savings association charter and continues to be treated as a federal savings association for purposes of governance, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends.
  • is treated as a federal savings association for purposes of consolidation, merger, dissolution, conversion (including conversion to a stock bank or another charter), conservatorship, and receivership, and for other purposes set out in the final rule.

Further Information

Please contact Charlotte Bahin, Senior Advisor for Thrift Supervision, 202-649-6281; Lazaro Barreiro, Director for Governance and Operational Risk Policy, 202-649-6550; or Alison MacDonald, Special Counsel, 202-649-5490, or Demetria H. Springs, Special Counsel, 202-649-5500, Chief Counsel’s Office.

Jonathan V. Gould Senior Deputy Comptroller and Chief Counsel

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May 24, 2019

House Appropriations Subcommittee Approve FY2020 T-HUD Bill

MBA Newslink--Mike Sorohan

A House Appropriations subcommittee yesterday approved $137 billion in fiscal 2020 funding for HUD and Ginnie Mae that includes key Mortgage Bankers Association-supported provisions for staffing and technology.

The House Appropriations Subcommittee on Transportation, Housing and Urban Development and Related Agencies approved the FY 2020 bill by voice vote (https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20THUD%20Sub%20Markup%20Draft.pdf). In total, the legislation provides $137.1 billion in budgetary resources, an increase of $6 billion above the 2019 enacted level and $17.3 billion above the Trump Administration's budget request.

"This year's T-HUD bill makes forward-looking investments in our housing and transportation infrastructure, while ensuring concerted attention to safety, the needs of the most vulnerable and resilience," said Subcommittee Chairman David Price, D-N.C. "It will benefit all American communities--urban and rural--and lays the foundation for economic growth and opportunity."

Ahead of the vote, the Mortgage Bankers Association yesterday sent a letter to committee members urging the bill's approval, noting it provides FHA with key staffing and technology upgrades.

MBA Senior Vice President of Legislative and Political Affairs Bill Killmer said the appropriations bill is critical to providing FHA with "resources, both in staffing and systems upgrades, it requires to maintain its important, countercyclical role as a government-backed mortgage insurer."

The letter taps on a number of funding issues, including:

Staffing, Project Management. Killmer noted MBA has long been a proponent of adequate funding for staffing, project management and potential improvements that would allow the agency to better manage its operations and the risks associated with its Mutual Mortgage Insurance Fund, but notes the FY 2020 appropriations provide $130 million instead of HUD's budget request of $150 million. "While appreciating the $130 million the Subcommittee has provided for FHA's administrative contract expenses, we continue to support HUD's initial budgetary request for $150 million," Killmer said.

Cybersecurity & Information Technology Fund. Killmer said MBA appreciates and supports the $300 million within the bill allocated to HUD's Cybersecurity and Information Technology Fund to help the agency better meet its acute information technology needs on a broad basis, as well as the specified $20 million from that Fund to be used in the ongoing upgrade of FHA's decades-old single family IT infrastructure. "These IT systems have long been in need of modernization, and the directed funds represent another crucial step forward to help the FHA improve its quality assurance controls and the integrity of its systems," he said.

FHA Multifamily & Healthcare Finance Programs. Killmer commended the committee for including $30 billion in commitment authority for the General and Special Risk Insurance Fund in its FY 2020 proposal, as well as adequate funding for rental assistance, particularly Section 8 Project Based Rental Assistance. "Together, these programs permit private sector lenders to continue to finance workforce and affordable apartments and residential healthcare facilities that serve millions of Americans," he said.

Ginnie Mae. MBA continues to support an increased level of funding for staffing, training and technology needs. Killmer noted while the $27 million proposed in the T-HUD budget is consistent with FY 2019, MBA believes Ginnie Mae's full request for $28.4 million for these purposes is more appropriate. "Given Ginnie Mae's stated role in providing liquidity targeted to low- and moderate-income families, first-time homebuyers, renters, veterans and rural households, this funding level is necessary to prudently manage the increased loan volume in the single-family and multifamily mortgage markets," he said.

In addition, MBA noted in recent years the market share for FHA, VA Home Loans Program, and Rural Housing Service single-family lending has continued to shift towards a more diversified base of smaller lenders. "MBA believes this to be a positive trend for Ginnie Mae that reduces concentration risk in the program, but cautions it may require increased oversight or funding in the near future to support Ginnie Mae's ongoing counterparty risk management of the expanded issuer base," Killmer said.

Prohibition on Federal Funds in Eminent Domain Seizures. MBA reiterated its support for the bill prohibiting use of federal funds being used to facilitate eminent domain seizures of performing mortgage loans for the sixth consecutive year, noting by enacting this prohibition for the past five fiscal years, Congress was able to effectively defuse this threat. "If the ban were not to be not renewed, the threat posed by these schemes would undoubtedly return," Killmer said. "The introduction of this new risk to the housing finance system would severely impact the return of private capital to our markets, and would undermine future congressional efforts to successfully transition to a new housing finance system.

Housing & Homeownership Counseling. MBA urged the Subcommittee to fully adopt the recommendation to provide an increased $60 million for this purpose. "These funds are critical to assisting homeowners facing foreclosure, helping first-time homebuyers navigate the challenges of the purchase process and counseling for reverse mortgages (a program requirement) for seniors, a traditionally high-risk group for financial fraud," Killmer said.

The bill next heads to the full Committee for markup.

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May 24, 2019

OCC Final Rule Covered Savings Associations

AGENCY:

Office of the Comptroller of the Currency (OCC), Treasury.

ACTION:

Final rule.

SUMMARY:

The OCC is issuing a final rule to implement a new section of the Home Owners' Loan Act (HOLA). The Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) amended HOLA to add a new section that allows a Federal savings association with total consolidated assets equal to or less than $20 billion, as reported by the association to the Comptroller as of December 31, 2017, to elect to operate as a covered savings association. A covered savings association has the same rights and privileges as a national bank and is subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations as a national bank. A covered savings association retains its Federal savings association charter and existing governance framework. The new section of HOLA requires the OCC to issue rules that, among other things, establish streamlined standards and procedures for elections to operate as covered savings associations and clarify requirements for the treatment of covered savings associations.

DATES:

The final rule takes effect on July 1, 2019.

FOR FURTHER INFORMATION CONTACT:

For additional information, contact Charlotte Bahin, Senior Advisor for Thrift Supervision, 202-649-6281, Lazaro Barreiro, Director for Governance and Operational Risk Policy, 202-649-6550, Alison MacDonald, Special Counsel, 202-649-5490, Demetria H. Springs, Special Counsel, 202-649-5500, Chief Counsel's Office, for persons who are deaf or hearing impaired, TTY, 202-649-5597, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.

[For complete details, see final rule]

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Learn Why Clients Love ACES

Learn Why Clients Love ACES

"ACES has shined a light on our productivity and empowered us to hold our teams accountable."

- Emilee Rada, Director of Lending Operations at Georgia's Own Credit Union

Hear Why

May 21, 2019

FinCEN Reissues Real Estate Geographic Targeting Orders for 12 Metropolitan Areas

Contact Public Affairs, 703-905-3770

Immediate Release

May 15, 2019

WASHINGTON—The Financial Crimes Enforcement Network (FinCEN) today 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.  The purchase amount threshold remains $300,000 for each covered metropolitan area.

GTOs continue to provide valuable data on the purchase of residential real estate by persons possibly involved in various illicit enterprises.  Reissuing the GTOs will further assist in tracking illicit funds and other criminal or illicit activity, as well as inform FinCEN’s future regulatory efforts in this sector.

Today’s GTOs cover certain counties within the following major U.S. metropolitan areas:  Boston; Chicago; Dallas-Fort Worth; Honolulu; Las Vegas; Los Angeles; Miami; New York City; San Antonio; San Diego; San Francisco; and Seattle. 

FinCEN appreciates the continued assistance and cooperation of the title insurance companies and the American Land Title Association in protecting the real estate markets from abuse by illicit actors.

Any questions about the Orders should be directed to the FinCEN Resource Center at FRC@FinCEN.gov .

A copy of the GTO is available here.

Frequently asked questions regarding these GTOs are available here.

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May 16, 2019

FCC Proposes Call Blocking as Default Setting for Providers in Newest Effort to Combat Robocalls

insideARM--Katie Grzechnik Neill

Yesterday, the Federal Communications Commission’s (FCC) Chairman Ajit Pai proposed a new avenue to combat illegal robocalls: a declaratory ruling allowing phone companies to establish a default setting to block unwanted calls. In addition to default blocking, the proposition would allow customers to opt in to more aggressive call blocking tools, such as the ability to block calls from numbers not on the customer’s contact list. The FCC’s announcement also proposes a safe harbor for phone providers that implement a “network-wide blocking of calls that fail caller authentication under the SHAKEN/STIR framework once it is implemented.” The FCC’s fact sheet contains more detail about each of these propositions.

Chairman Pai states:

Allowing call blocking by default could be a big benefit for consumers who are sick and tired of robocalls. By making it clear that such call blocking is allowed, the FCC will give voice service providers the legal certainty they need to block unwanted calls from the outset so that consumers never have to get them … And, if this decision is adopted, I strongly encourage carriers to begin providing these services by default—for free—to their current and future customers. I hope my colleagues will join me in supporting this latest attack on unwanted robocalls and spoofing.

According to the FCC’s press release on the issue, uncertainty about whether call blocking tools are legal under the FCC’s rules caused many voice providers to hold off on development. The proposed declaratory ruling seeks to remedy this.

The FCC will be seeking comments on its Further Notice of Proposed Rulemaking on the safe harbor provisions regarding SHAKEN/STIR.

These issues will be heard at the FCC’s June meeting, which will be held on June 6 at 10:30AM EDT. A live webcast will be available on the FCC’s website.

insideARM Perspective

For industries that rely on telephone communications with their customers, the FCC’s proposed declaratory ruling could have a big impact. While nobody is denying that illegal robocalls are an issue, a solution for default blocking—especially when the procedures are not yet refined or accurate for figuring out which calls are from legitimate businesses versus from illegal robocallers—seems premature and could have broader unintended consequences. One way to make sure the FCC views the full picture is for stakeholders to provide comments to the Commission prior to its June meeting.

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May 16, 2019

Industry Reacts: Lawmakers Introduce Guaranteed Fee Bill

MReport--Seth Welborn

In an attempt to prevent increases in fees paid by individuals seeking a mortgage through the GSEs when those fees are used to fund unrelated federal spending, Senators David Perdue and Bob Menendez, Chairman and Ranking Member of the Senate Banking Committee’s Subcommittee on Housing, Transportation, and Community Development, released a bill to regulate the usage of guaranteed fees (G-Fees).

“It’s time for Congress to cut the budget gimmicks and back-door tax hikes on middle class Americans,” said Senator Perdue, a member of the Senate Banking and Budget Committees, in a statement. “Any increase of guarantee fees should be used to protect taxpayers from mortgage losses, not as an artificial offset whenever Congress decides to spend more money. Ultimately, the federal government should budget responsibly for its needs, just like people in the real world.”

The bill has received support from key real estate and mortgage experts.

“The National Association of Realtors commends Senators David Perdue and Bob Menendez for taking action to secure America’s housing finance system,” said National Association of Realtors President John Smaby. “By preventing Congress from using GSE revenues to fund unrelated federal government spending, this legislation will help to protect taxpayers and countless potential homebuyers, ensuring Fannie Mae and Freddie Mac can continue helping families and credit worthy individuals achieve the American Dream. This is the mission Congress outlined for the GSEs when they were first chartered, and NAR will continue working with Congress to support the critical role Fannie and Freddie play in our housing market.”

“MBA applauds Senators Perdue and Menendez for their commitment to protect current and future homeowners from unnecessary costs,” said Mortgage Bankers Association President and CEO Bob Broeksmit. “Guarantee fees are a critical risk management tool used by Fannie Mae and Freddie Mac to protect against losses. Any increase of these fees that is not related to housing is effectively a tax on home ownership. MBA will continue to advocate on behalf of policies that both ensure a healthy real estate market and provide consumers with affordable, sustainable housing choices.”

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May 16, 2019

More Time for the National Flood Insurance Program

DSNews--Mike Albanese 

The U.S. House of Representatives passed four bills on Tuesday offered by House Financial Services Committee Members, including H.R. 2578, the National Flood Insurance Program Extension Act of 2019.

The piece of legislation was introduced by Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services Committee, and Congressman Patrick McHenry (R-NC). The bill extends the National Flood Insurance Program’s (NFIP) authorization to Sept. 30.

Authorization was due to expire on May 31.

“The NFIP plays an important role in disaster preparedness and resiliency by providing flood maps, setting standards for floodplain management, and investing in mitigation for our homes, businesses, and infrastructure. According to the Federal Emergency Management Agency, everyone is at risk of flooding,” Waters said of the bill. “That means that this is not just a coastal issue—we all have an interest in ensuring a strong National Flood Insurance Program.

Waters added a “long-term re-authorization” was needed to provide certainty to homeowners and businesses. She also said more needs to be done to address unaffordable premium costs for low-income households, the program’s debt and lower costs of fees on policyholders.

“Secondly, we need to invest more heavily in mapping, floodplain management, and mitigation, which will save taxpayer dollars in the long run by helping to reduce the damage that occurs when floods hit,” Waters said.

She added that work must be done to ensure there are safeguards in place for “greater accountability and oversight,” as Hurricane Sandy exposed issues in claims processing and fraud.

The issue of flood insurance was raised by a ValuePenguin.com report earlier this month, which found just 7% of homeowners have a flood insurance policy, despite floods being the most common natural disaster.

The ValuePenguin report stated that 44% of homeowners in Louisiana have flood insurance, which is the highest in the nation. Louisiana was followed by Florida ( 36%), Hawaii (23%), South Carolina (16%) and New Jersey (11%).Minnesota and Utah have the lowest rate of flood insurance at 0.6%. Rhode Island, Connecticut, Vermont, Massachusetts and Pennsylvania are the most expensive states to purchase flood insurance, with premiums 69-100% more than the national average.

The average cost of a flood insurance policy through the NFIP is $699 a year.

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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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May 16, 2019

OFAC Notice of OFAC Sanctions Actions

AGENCY:

Office of Foreign Assets Control, Treasury.

ACTION:

Notice.

SUMMARY:

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing the names of five persons that have been placed on OFAC's Specially Designated Nationals and Blocked Persons List based on OFAC's determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. Additionally, OFAC is publishing an update to the identifying information of an entity currently on the Specially Designated Nationals and Blocked Persons List.

DATES:

See SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT:

OFAC: Associate Director for Global Targeting, tel.: 202-622-2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; Assistant Director for Licensing, tel.: 202-622-2480; Assistant Director for Regulatory Affairs, tel.: 202-622-4855; or the Department of the Treasury's Office of the General Counsel: Office of the Chief Counsel (Foreign Assets Control), tel.: 202-622-2410.

[See Notice for complete details]

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May 16, 2019

FRS Notice: Potential Modifications to the Federal Reserve Banks' National Settlement Service and Fedwire Funds Service to Support Enhancements to the Same-Day ACH Service

AGENCY:

Board of Governors of the Federal Reserve System.

ACTION:

Notice and request for public comment.

SUMMARY:

The Board of Governors (Board) is requesting comment on potential modifications to the Federal Reserve Banks' (Reserve Banks) payment services to facilitate adoption of a later same-day automated clearinghouse (ACH) processing and settlement window. Specifically, the Reserve Banks would extend the daily operating hours of the National Settlement Service (NSS) to allow the private-sector ACH operator to settle its in-network transactions resulting from the later same-day ACH window. To support these new NSS operating hours, the Reserve Banks would extend the daily operating hours of the Fedwire® Funds Service, creating implications for extension policies for contingencies that might result in more frequent delays to the reopening of the Fedwire® Funds Service. Finally, the Board is requestingStart Printed Page 22124comment on corresponding changes to the Federal Reserve Policy on Payment System Risk related to a new posting time and an increase to the daylight overdraft fee rate.

DATES:

Comments must be received by July 15, 2019.

ADDRESSES:

You may submit comments, identified by Docket No. OP-1664, by any of the following methods:

All public comments are available from the Board's website at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, unless modified for technical reasons or to remove personally identifiable information at the commenter's request. Accordingly, comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room 146, 1709 New York Avenue NW, Washington, DC 20006, between 9:00 a.m. and 5:00 p.m. on weekdays.

FOR FURTHER INFORMATION CONTACT:

Michael Ballard, Senior Financial Institution and Policy Analyst (202-452-2384); Mark Magro, Manager (202-452-3944), Division of Reserve Bank Operations and Payment Systems; or Evan H. Winerman, Senior Counsel (202-872-7578), Legal Division; for users of Telecommunication Devices for the Deaf (TDD) only, contact (202-263-4869).

[See the Notice for complete details]

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May 15, 2019

OCC NR 2019-46 Comptroller of the Currency Discusses Banking Regulatory Reform

WASHINGTON—Comptroller of the Currency Joseph M. Otting today discussed the common sense, bipartisan reforms that are reducing unnecessary burden on banks while ensuring they operate in a safe, sound, and fair manner.

During testimony before the Senate Committee on Banking, Housing, and Urban Affairs, the Comptroller discussed implementation of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, the condition of the federal banking system, and risks the agency is monitoring.

Related Links

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May 15, 2019

CFPB Seeking Comment on Overdraft Rule

AGENCY:

Bureau of Consumer Financial Protection.

ACTION:

Notice of section 610 review and request for comments.

SUMMARY:

The Bureau of Consumer Financial Protection (Bureau) is conducting a review of the OverdraftStart Printed Page 21730Rule consistent with section 610 of the Regulatory Flexibility Act. As part of this review, the Bureau is seeking comment on the economic impact of the Overdraft Rule on small entities. These comments may assist the Bureau in determining whether the Overdraft Rule should be continued without change, or amended or rescinded to minimize any significant economic impact of the rules upon a substantial number of such small entities, consistent with the stated objectives of applicable statutes.

DATES:

Comments must be received by July 1, 2019.

ADDRESSES:

You may submit responsive information and other comments, identified by Docket No. CFPB-2019-0023, by any of the following methods:

  •  Electronic: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
  •  Email: 2019-Notice-RFAReviewOverdraft@cfpb.gov. Include Docket No. CFPB-2019-0023 in the subject line of the message.
  •  Mail: Comment Intake, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
  •  Hand Delivery/Courier: Comment Intake, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

Instructions: The Bureau encourages the early submission of comments. All submissions must include the document title and docket number. Please note the specific rule or topic on which you are commenting at the top of each response (you do not need to address all rules or topics). Because paper mail in the Washington, DC area and at the Bureau is subject to delay, commenters are encouraged to submit comments electronically. In general, all comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public inspection and copying at 1700 G Street NW, Washington, DC 20552, on official business days between the hours of 10 a.m. and 5 p.m. eastern time. You can make an appointment to inspect the documents by telephoning 202-435-7275.

All submissions in response to this request for information, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Proprietary information or sensitive personal information, such as account numbers or Social Security numbers, or names of other individuals, should not be included. Submissions will not be edited to remove any identifying or contact information.

FOR FURTHER INFORMATION CONTACT:

Joseph Baressi and Gregory Evans, Senior Counsels, Office of Regulations, at 202-435-7700. If you require this document in an alternative electronic format, please contact CFPB_Accessibility@cfpb.gov.

[See Notice for complete details]

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