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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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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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November 28, 2022

CFPB Fair Credit Reporting Act Disclosures

The CFPB has announced the annual adjustment to the maximum amount consumer reporting agencies may charge consumers for making a file disclosure to a consumer under FCRA Section 612(f) will increase to $14.50, effective for 2023.

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November 22, 2022

CFPB: FCRA Charge Annual Adjustment

The annual adjustment for the maximum "reasonable charge" on a consumer for making a disclosure to the consumer pursuant to section 609 of the FCRA is increased from $13.50 to $14.50 for 2023.

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November 21, 2022

FTC Extends Deadline by Six Months for Compliance with Some Changes to Financial Data Security Rule

The Federal Trade Commission has extended to June 9, 2023, the deadline for parts of the changes implemented to improve the data security of their customers’ personal information.

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November 21, 2022

CFPB Supervisory Examinations Find Credit Reporting Failures, Junk Fees, and Mishandling of COVID-19 Protections

The CFPB released a new Supervisory Highlights report on legal violations identified during the CFPB’s supervisory examinations in the first half of 2022 detailing key findings, Fair Credit Reporting Act (FCRA) violations, charging of impermissible fees when homeowners went to make their mortgage payments as well as policies and procedures that may have resulted in loss of pandemic relief benefits due to garnishments or setoff practices.

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November 16, 2022

CFPB Issues Guidance Regarding Disputes of Consumer Report Information

A review of consumer report disputes by the Consumer Financial Protection Bureau (CFPB) indicated that many consumer reporting agencies and information furnishers are failing to adequately investigate disputes leading to higher costs and difficulties for consumers in obtaining credit; guidance on expectations involving disputes was published.

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November 16, 2022

CFPB Finalizes Changes to Nonbank Supervision Procedural Rule

A recent risk determination by the Consumer Financial Protection Bureau (CFPB) led to changes in the procedural rule related to nonbank supervision in an effort to increase transparency.

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November 03, 2022

CFPB Issues Corrections to Final Rule Regarding Fair Debt Collection Practices (Regulation F)

The CFPB issued corrections to a final rule regarding Debt Collection Practices (Regulation F) that was published in the Federal Register on January 19, 2021 with the corrections being effective as of November 1, 2022.

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October 28, 2022

Feds Aim to Return Financial Data Rights to Consumers

DS News--Kyle G. Horst

The CFPB is proposing new options to strengthen consumers’ access to and control over their financial data as a first step before issuing a proposed data rights rule that would implement section 1033 of the Dodd-Frank Act.

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