CFPB: New Consumer Protections Proposed for Homeowners Seeking Clean Energy Financing
Proposed rule would guard against unscrupulous practices and prevent unnecessary mortgage foreclosures The Consumer Financial Protection Bureau (CFPB) proposed a rule to implement a Congressional mandate to establish consumer protections for residential Property Assessed Clean Energy (PACE) loans. PACE loans, secured by a property tax lien on the borrower’s home, are often promoted as a…
CFPB: Rule Issued to Facilitate the Orderly Wind Down of LIBOR
Today, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule amending the agency’s 2021 LIBOR transition rule. The interim final rule contains updates to reflect the subsequent enactment of the Adjustable Interest Rate (LIBOR) Act and issuance of an implementing regulation by the Board of Governors of the Federal Reserve Board System. This…
FDIC: Supervisory Guidance Issued on Charging Overdraft Fees for Authorize Positive, Settle Negative Transactions
The FDIC is issuing supervisory guidance to its supervised institutions to ensure that supervised institutions are aware of the consumer compliance risks associated with assessing overdraft fees on a transaction that was authorized against a positive balance but settled against a negative balance (APSN). Statement of Applicability: The contents of, and material referenced in, this FIL…
OCC: Guidance Issued on Overdraft Protection Programs
The Office of the Comptroller of the Currency (OCC) today issued guidance to address the risks associated with bank overdraft protection programs. The guidance provides background information on overdraft protection programs and identifies certain practices that may result in heightened risk exposure. These practices include assessing overdraft fees on “authorize positive, settle negative” transactions and…
CFPB: Guidance Issued to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages
It is illegal for debt collectors to sue or threaten to sue to collect debts past the statute of limitations Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. The advisory opinion…
HUD: Public Comments Sought on Potential Changes to Regulation Requiring Accessibilty and Prohibiting Discrimination on the Basis of Disability in HUD-Assisted Programs
Today, the U.S. Department of Housing and Urban Development (HUD) published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register. HUD is considering revising the Section 504 of the Rehabilitation Act of 1973 (Section 504) implementing regulation at 24 C.F.R. part 8 and requests public comment to assist HUD in considering potential revisions. Section 504…
FHFA: Notice of Proposed Rulemaking on Fair Lending Oversight Issued
Today, the Federal Housing Finance Agency (FHFA) announced that it is seeking comment on a proposed rule that would formalize many of the Agency’s existing practices and programs regarding fair housing and fair lending oversight of its regulated entities. Specifically, the proposed rule would codify in regulation: FHFA’s fair lending oversight requirements for Fannie Mae…
OCC: FFIEC’s 2023 “A Guide to HMDA Reporting: Getting It Right!” Released
The Office of the Comptroller of the Currency (OCC) is announcing the issuance of the Federal Financial Institutions Examination Council’s (FFIEC) revised “A Guide to HMDA Reporting: Getting It Right!” (2023 guide). The 2023 guide provides resources to help banks1 comply with the Home Mortgage Disclosure Act (HMDA) and Regulation C, its implementing regulation (12 CFR…
SBA: Rules Implemented to Address Persistent Capital Access Gaps
Loan program updates will advance equity for rural, veteran, women, and minority-owned businesses The U.S. Small Business Administration has finalized two rules to address persistent gaps in access to capital impacting small business owners in underserved communities as part of the Biden-Harris Administration’s effort to grow the economy from the middle out and bottom-up, not…
FHFA: Final Rule Announced Amending the Enterprise Duty to Serve Underserved Markets Regulation
Enterprise activities in all colonia census tracts are eligible for Duty to Serve credit The Federal Housing Finance Agency (FHFA) today published a final rule to amend the Enterprise Duty to Serve Underserved Markets regulation. The final rule allows Fannie Mae and Freddie Mac’s (together, the Enterprises) activities in all colonia census tracts to be…