Mortgage and Home Equity

Mortgage and home equity products have received increased regulatory and legislative scrutiny over the past few years. Historically, CBA has focused on home equity as a major retail product of our members. However, the Dodd-Frank Act’s elimination of federal preemption standards previously afforded to operational subsidiaries has forced many depository institutions to internalize their primary mortgage products, making them a more traditional retail issue. CBA is focused primarily on the efforts of the CFPB to regulate in this space, including TILA-RESPA reform, Qualified Mortgage (QM) rulemaking, and Dodd-Frank Title 14 rulemaking.
  • November 20, 2017
    On Monday, November 20, 2017, the CFPB, Federal Reserve and OCC announced an increase to the threshold for exempting loans from special appraisal requirements for higher-priced mortgage loans. During 2018, the threshold will increase from $25,500 to $26,000 effective January 1, 2018, according to the Federal Register . The threshold change was based on the annual percentage increase in the...
  • November 20, 2017
    On Monday, November 20, 2017, the Federal Reserve, FDIC and OCC announced amendments to their respective Community Reinvestment Act (CRA) regulations. The changes conform to conforming to amendments made by the CFPB to Regulation C, implementing the Home Mortgage Disclosure Act (HMDA). In addition, the final rule contains technical corrections and removes obsolete references to the Neighborhood...
  • October 30, 2017
    On Monday, October, 30, 2017, the CFPB launched a mortgage performance trends tool tracking nationwide delinquency rates, and showing mortgage delinquency rates are at their lowest point since the financial crisis. The tool measures the delinquency rates in two general categories: Borrowers who are 30-89 days behind on mortgage payments, meaning they have missed one or two payments; and Serious...
  • October 20, 2017
    October 20, 2017 Legislative and Regulatory Activities Division Office of the Comptroller of the Currency 400 7 th St. SW, Suite 3E-218 Washington, DC 20219 Via electronic submission Re: OCC Community Reinvestment Act Regulations (Docket ID OCC-2017-0008) To Whom It May Concern, The Consumer Bankers Association (“CBA”) [1] appreciates the opportunity to respond to the Office of the Comptroller of...
  • October 17, 2017
    On Tuesday, October 17, 2017, the OCC issued a bulletin to inform national banks, federal savings associations, and insured federal branches and agencies of foreign banks about key fields examiners will typically use to validate the accuracy and reliability of home mortgage loan data collected beginning in 2018 pursuant to the Home Mortgage Disclosure Act (HMDA) rule issued October 15, 2015. The...
  • October 17, 2017
    On Tuesday, October 17, 2017, the OCC, the Board of Governors of the Federal Reserve, the FDIC, and the National Credit Union Administration issued a press release exempting real estate-related transactions from appraisal requirements in major disaster areas as declared by President Trump. The exemptions will be in effect for a three-year period from the date of declaration. Included are parts of...
  • October 6, 2017
    On Wednesday, October 4, 2017, the CFPB released an interim final rule amending the Mortgage Servicing Rule, which allows for more flexibility around the timing of early intervention notices sent to borrowers who have invoked their cease communication rights under the FDCPA. Under the 2016 Mortgage Servicing Final Rule, a servicer subject to the FDCPA with respect to a borrower’s loan must...
  • September 29, 2017
    On Friday, September 29, 2017, the OCC reported that their Performance of first-lien mortgages improved during the second quarter of 2017 compared with a year earlier. The OCC Mortgage Metrics Report , Second Quarter 2017, showed 95.4 percent of mortgages included in the report were current and performing at the end of the quarter, compared with 94.7 percent a year earlier. The report also showed...
  • September 27, 2017
    On Wednesday, September 27, 2017, the CFPB took action against Meridian Title Corporation , a real estate settlement services provider for allegedly steering consumers to a title insurer owned in part by several of Meridian’s executives without making disclosures about each businesses’ affiliation with one another. The CFPB found Meridian failed to disclose its relationship with the title insurer...
  • September 20, 2017
    On Wednesday, September 20, 2017, the CFPB took two actions regarding the pending HMDA reporting changes which: Finalized the amendments to Regulation B (ECOA) to permit the collection of ethnicity, race and gender information under the new HMDA rules, without violating the Regulation B prohibition; and Proposed for comment guidelines to address the privacy issues under the new regulation (i.e...

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