Bank Law Monitor

Bank Law Monitor

A Legal Blog for the Financial Services Industry

Category Archives: Regulatory Developments

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Citing Operational Challenges, CFPB May ReWrite TRID

Posted in CFPB, Compliance Resources, Mortgage Servicing, Regulatory Developments, TILA/RESPA, Trending News
Today, the CFPB issued a letter to various industry trade groups, including the Mortgage Bankers Association, the American Bankers Association, and the Independent Community Bankers of America,  acknowledging that the implementation of the “Know Before You Owe” rule  (otherwise known as “TRID”) poses many “operational challenges.”   Many financial institutions and industry participants do not have… Continue Reading

Regulators Refocus on Commercial Real Estate Lending

Posted in Commercial Real Estate, Compliance Resources, Regulatory Developments
On December 18, 2015, the Office of the Comptroller of the Currency (OCC), along with the Board of Governors of the Federal Reserve System (FRB) and the Federal Deposit Insurance Corporation (FDIC, together with the FRB and the OCC, the “Banking Agencies”) issued the Interagency Statement on Prudent Risk Management for Commercial Real Estate Lending… Continue Reading

Monday Morning Quarterbacking

Posted in Regulatory Developments
Back to the Future As I prepare for a presentation at the WIB Annual Directors Conference, it strikes me that it has been seven years since the financial meltdown. While our economy has improved, it still has not completely recovered and the Fed and other banking agencies are fearful of an instant replay. The Fed,… Continue Reading

CFPB Issues Final Home Mortgage Disclosure Act Rule

Posted in CFPB, HMDA, Mortgage Servicing, Regulatory Developments, Trending News
The CFPB issued a final rule changing Regulation C, which implements the Home Mortgage Disclosure Act (HMDA) today. This is significant because HMDA requires certain institutions to collect, report, and disclose information about their mortgage lending activity. The CFPB and other banking regulators will use the reported data to determine whether financial institutions are serving… Continue Reading

Beware: Data Breaches May Expose You to UDAP Liability

Posted in CFPB, Cybersecurity, Regulatory Developments, Trending News, UDAAP
Recently, the U.S. Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (“FTC”) may pursue a lawsuit against Wyndham Worldwide Corporation, a hotel and time share operator for “unfair and deceptive” cybersecurity practices. In its complaint, the FTC alleged that Wyndham “unreasonably and unnecessarily” exposed consumers’ personal data in more than… Continue Reading

Mortgage Loan Rate Locks: A New Risk Environment Under TRID

Posted in CFPB, Mortgage Servicing, Regulatory Developments, TILA/RESPA
The Consumer Finance Protection Bureau’s (the “CFPB”) amendments to the 2013 TILA-RESPA Integrated Disclosure Rule (“TRID”) will become effective on October 3, 2015.  The amendment extends the timing requirement for revised disclosures when consumers of mortgage loans lock a rate or extend a rate lock after the Loan Estimate is provided.  Lenders can now provide… Continue Reading

Updated Compliance Resources for the TILA-RESPA Integrated Disclosure Rule

Posted in CFPB, Compliance Resources, Mortgage Servicing, Regulatory Developments, TILA/RESPA, Trending News
As many of you know, the effective date of the TILA-RESPA Final Rule and the related TILA-RESPA Amendments has been delayed to October 3, 2015. Please take note of the following updates from the CFPB: Freddie Mac and Fannie Mae Data Standards Freddie Mac and Fannie Mae have released a common industry dataset, called the… Continue Reading

CFPB Fines PayPal $25 Million for Violations of UDAAP

Posted in CFPB, Regulatory Developments, UDAAP
On May 19, 2015, the CFPB announced that it was filing a complaint and proposed consent order in federal court against PayPal, Inc., based on allegations that PayPal Credit (fka “Bill Me Later”), had violated the prohibition against unfair, deceptive, abusive acts and practices (UDAAP).  This filing is noteworthy for two reasons. First, it was… Continue Reading

CFPB Allows Consumers to Publish Complaint Narratives in CFPB’s Public Database

Posted in CFPB, Compliance Resources, Regulatory Developments
Dodd-Frank empowered CFPB to treat consumer complaints as an integral part of CFPB’s mission. As of March 1, 2015, CFPB has handled 558,800 complaints on many consumer financial products, including credit cards, mortgages, bank accounts, private student loans, vehicle and other consumer loans, credit reporting, money transfers, debt collection and payday loans. Despite objections from… Continue Reading

Why Banks Should Care about Bitcoin and New York’s Proposed Virtual Currency Regulation

Posted in Banking Technology, Regulatory Developments, Trending News, Virtual Currency
On February 25, 2015, the New York Department of Financial Services (NYDFS) published its proposal to regulate virtual currencies in the New York Federal Register. Since the issuance of its initial proposal in July, 2014, the NYDFS received over 3000 public comments on its proposed regulation. Superintendent Benjamin Lawsky claims that the reproposed legislation incorporates… Continue Reading

Spotlight on TILA’s Duty to Provide Timely Mortgage Payoff Statements

Posted in CFPB, Mortgage Servicing, Regulatory Developments, TILA/RESPA
Given the growing complexity of the mortgage servicing rules faced by both bank and non-bank mortgage servicers, it is worthwhile to shine a spotlight on some rules which at first glance seem fairly straight forward, but upon scrutiny, require more analysis. As previously discussed on this blog, the CFPB amended the Truth in Lending Act (TILA)… Continue Reading

Bank Regulatory Agencies Develop Automated Tool to Calculate Risk-Based Capital Requirements for Securitizations

Posted in Basel III, Compliance Resources, Regulatory Developments
            Today, the Office of the Comptroller of the Currency (“OCC”) issued a regulatory capital bulletin (“Bulletin”) stating that the OCC, the Federal Reserve Board, and the Federal Deposit Insurance Corporation have developed an automated tool to help national banks and federal savings associations calculate risk-based capital requirements for securitization exposures.   This automated tool is… Continue Reading

Mortgage Industry Continues to Face New Regulatory Proposals in 2015

Posted in Basel III, CFPB, Mortgage Servicing, Regulatory Developments, TILA/RESPA
CFPB Proposes to Give Relief to Small Lenders        On January 29, 2015, in response to comments from industry groups and stakeholders, the CFPB proposed amendments to certain mortgage rules that were issued in 2013.  The CFPB will take comments until March 30, 2015 on these proposed rules.  The proposed rule expands the CFPB’s definition… Continue Reading

CFPB Issues Regulations Governing the Use and Disclosure of Confidential Supervisory Information

Posted in CFPB, Regulatory Developments
Yesterday, the CFPB issued CFPB Compliance Bulletin 2015-01 (“Bulletin 2015-01”).  The purpose of the bulletin was two-fold.  First, the CFPB reminded “supervised” financial and nonbank institutions that are in possession of confidential information, including Confidential Supervisory Information (“CSI”) that they may not disclose such information to third parties.  Second, the CFPB warned these entities that… Continue Reading

Washington Supreme Court Confirms Guarantor Liability Following Foreclosure

Posted in Debt Collection, Foreclosure, Graham & Dunn, Regulatory Developments
The Washington Supreme Court has confirmed a personal guarantor’s liability to a lender following the lender’s nonjudicial foreclosure of its borrower’s real property collateral.  In Washington Federal v. Harvey/Washington Federal v. Gentry, Nos. 90078-7, 90085-0, slip op. at 2-3 (Wash. Jan. 8, 2015), the Court held that “guarantors of commercial loans whose own property has… Continue Reading

The Adverse Impact of Basel III on the Retention of Mortgage Servicing Assets

Posted in Basel III, Mortgage Servicing, Regulation AB, Regulatory Developments
 Basel III                            As we start of the New Year, I think it is a good idea to assess Basel III’s impact on banks.  We have just finished Year 1 of the 5 year phase in of Basel III.   As many of you are well aware, when the Federal Reserve Board approved the Basel III Regulatory Capital… Continue Reading

Proposed Expansion of Military Lending Act Protections Would Increase Burden on Banks and Credit Unions

Posted in CFPB, Regulatory Developments
In a previous blog post, we noted that the Department of Defense (“DOD”) has proposed expanding the scope of Military Lending Act (“MLA”) protections to servicemembers and their dependents on all payday loans, vehicle title loans, refund anticipation loans, deposit advance loans, installment loans, unsecured open-ended lines of credit, and credit cards. In 2007, the… Continue Reading

CFPB Proposes Additional Restrictions for Mortgage Servicers

Posted in CFPB, Mortgage Servicing, Regulatory Developments
On November 20, 2014, the CFPB proposed several amendments to the mortgage servicing rules under Regulation X and Regulation Z, after previously implementing amendments to these regulations in January, 2014.  As previously described in this blog, the prior amendments addressed 9 key areas and included rules governing the transfer of servicing between servicers.  The new… Continue Reading

NON-DISPARAGEMENT CLAUSES PROHIBITED IN CALIFORNIA

Posted in Regulatory Developments
On September 9, 2014, Governor Jerry Brown of California signed Bill No. 2365 which prohibits a contract or proposed contract for the sale or lease of consumer goods or services from including “non-disparagement clauses” in the contract.  “Non-disparagement clauses” are clauses that waives a person’s right to review: the seller, lessor or its employees or agents;… Continue Reading

CFPB Pursuing Mortgage Servicers with UDAAP

Posted in CFPB, Mortgage Servicing, Regulatory Developments, UDAAP
  On September 29, 2014, the CFPB took action against Flagstar Bank for violating the CFPB’s new mortgage servicing rules by “illegally blocking borrowers’ attempts to save their homes.” The CFPB focused on the Flagstar’s actions from 2011 to present and found that Flagstar failed to devote sufficient resources to administering loss mitigation programs for… Continue Reading

CFPB: Big Changes to the Mortgage Servicing Rules

Posted in CFPB, Mortgage Servicing, Regulatory Developments, TILA/RESPA
On October 22, 2014, the CFPB finalized amendments granting nonprofit small servicers an exemption from new mortgage servicing rules. These mortgage servicing rules are part of several rules regulating mortgages, including the Ability-to-Repay rules, that went into effect on January 10, 2014.   The servicing related changes impacts nine key areas: Periodic billing statements Interest rate… Continue Reading

Welcome to Bank Law Monitor: A Legal Blog for the Financial Services Industry

Posted in Auto Finance, CFPB, Compliance Resources, Credit Cards, Debt Collection, Marijuana, Mortgage Servicing, Overdrafts, Regulation AB, Regulatory Developments, TILA/RESPA, Trending News, UDAAP
Welcome! Graham & Dunn’s Financial Services team is pleased to announce the launch of Bank Law Monitor, a legal blog for the financial services industry. Bank Law Monitor will analyze regulatory developments, report on significant news and market trends, and monitor upcoming regulatory changes that impact the financial services industry. Our goal is to help… Continue Reading

Department of Defense Coordinates with CFPB to Expand Military Lending Act Protections

Posted in CFPB, Regulatory Developments
On September 29, 2014, the Department of Defense (DOD) published a proposed rule amending the Military Lending Act, which expands the scope of the Military Lending Act Protections. The CFPB appeared to be taking a strong role in developing the DOD’s proposal by issuing a press release of its own supporting the DOD’s actions. The proposal would… Continue Reading

Final Rules relating to Regulation AB II Unanimously Adopted by the SEC

Posted in Regulation AB, Regulatory Developments
On August 27, 2014, the SEC unanimously adopted the final rules under Regulation AB that substantially revises the offering process, disclosure and reporting requirements for registered offerings of asset-backed securities. While the rules implement many key reforms, the SEC deferred taking action on several aspects of its original rule proposals. For a copy of the… Continue Reading