Consumer Financial Protection Bureau (CFPB)

CFPB Proposes Mortgage Servicing Changes to Prevent Wave of COVID-19 Foreclosures

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On April 5, the Consumer Financial Protection Bureau (CFPB) proposed rule changes intended to prevent avoidable foreclosures as emergency federal foreclosure protections put in place due to the global pandemic expire. The rules aim to assist both borrowers and servicers to navigate an expected surge of borrowers exiting forbearance. The proposed rules (1) provide a pre-foreclosure review period that generally prohibits servicers from starting foreclosure until after December 31, 2021; (2) permit servicers to offer certain streamlined loan modification options to borrowers with COVID-19-related hardships based on the evaluation of an incomplete application; and (3) update required servicer communications to keep borrowers informed of their options. Release.

CFPB Issues Two Final Rules to Promote Access to Responsible, Affordable Mortgage Credit

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On December 10, the Consumer Financial Protection Bureau (CFPB) issued two final rules related to qualified mortgage (QM) loans. The first final rule, the General QM Final Rule, replaces current requirements for measuring a consumer’s ability to repay General QM loans based on the consumer’s debt-to-income ratio, and instead adopts a price-based approached. The second final rule creates a new category called “Seasoned QMs” for first-lien, fixed-rate covered transactions that have met certain performance requirements, are held in portfolio by the originating creditor or first purchaser for a 36-month period, comply with general restrictions on product features and points and fees, and meet certain underwriting requirements. Release.

Agencies Announce Threshold for Smaller Loan Exemption from Appraisal Requirements for Higher-Priced Mortgage Loans

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On November 18, the Consumer Financial Protection Bureau (CFPB), the Federal Reserve Board (FRB), and the Office of the Comptroller of the Currency (OCC) (collectively, the “Agencies”) announced that the threshold for exempting loans from special appraisal requirements for higher-priced mortgage loans during 2021 will remain at $27,200, as it was in 2020. Release.

CFPB Amends Records and Information Disclosure Requirements

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On October 29, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending its disclosure of records and information regulation. The new rule intends to increase protection of confidential information and improve clarity and transparency with agency partners and others. Final Rule.

CFPB Issues Interim Final Rule on Loss Mitigation Options for Homeowners Impacted by COVID-19

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On June 23, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule that amends Regulation X by temporarily permitting mortgage servicers to offer certain loss mitigation options to borrowers impacted by the COVID-19 pandemic without first obtaining a completed loss mitigation application from the borrower. Release. Interim Final Rule.

Federal and State Banking Agencies Encourage Financial Institutions to Meet Financial Needs of Customers and Members Affected by Coronavirus

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On March 9, the Federal Reserve Board, FDIC, OCC, Consumer Financial Protection Bureau (CFPB), National Credit Union Administration (NCUA) and Conference of State Bank Supervisors (CSBS) issued a joint statement encouraging financial institutions to work constructively with borrowers and other customers in communities affected by the coronavirus. The agencies also pledged to provide appropriate regulatory assistance to affected institutions subject to their supervision, including by working with affected institutions to expedite certain requests and minimize disruptions or burdens in connection with examinations. Release.

CFPB Releases Qualified Mortgage ANPR

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The Consumer Financial Protection Bureau (CFPB) is soliciting comments on possible amendments to the Ability to Repay/Qualified Mortgage (ATR/QM) Rule. In particular, the CFPB is considering revising the current definition of a qualified mortgage under the Truth in Lending Act to use alternative methods to debt-to-income ratio to measure a consumer’s financial capacity. These considerations are prompted by the January 2021 expiration of rules in which certain mortgage loans eligible for purchase or guarantee by Freddie Mac or Fannie Mae, which do not otherwise meet the debt-to-income ratio requirements, fall under the current definition of qualified mortgage. Release.

CFPB Proposes to Provide Flexibility in Collecting Information

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On March 24, 2017, the Consumer Financial Protection Bureau (“CFPB“) released a proposal to amend Equal Credit Opportunity Act regulations. The proposal would provide flexibility for lenders in collecting information about mortgage applicants’ ethnicity, race and sex. The CFPB’s proposal is meant to provide clarity to mortgage lenders regarding their obligations under the law and to promote compliance with rules intended to ensure that consumers are treated fairly. The proposal is open for public comment for 30 days after its publication in the Federal Register. Press Release. Proposal.