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HMDA CLARIFICATION

Posted by jholzknecht on  April 13, 2017
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On April 13, 2017 the Consumer Financial Protection Bureau published 150-page proposed update to Regulation C. The changes should help financial institutions comply with the 2015 HMDA Final Rule by clarifying the information they are required to collect and report about their mortgage lending. The proposal contains a number of clarifications, technical corrections, and minor changes to the HMDA regulation. These include clarifying certain key terms, such as “temporary financing” and “automated underwriting system.” The

HMDA – HUGE ERRORS, HUGE PENALTIES

Posted by jholzknecht on  April 11, 2017
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Recently the Consumer Financial Protection Bureau (CFPB) ordered Nationstar Mortgage LLC, of Coppell, Texas, to pay a $1.75 million civil penalty for violating the Home Mortgage Disclosure Act (HMDA) by consistently failing to report accurate data about mortgage transactions for 2012 through 2014, and to take the necessary steps to improve its compliance management and prevent future violations. This is the largest HMDA penalty ever imposed by the CFPB. According to 2014 data, Nationstar was

ANOTHER REDLINING CASE – REALLY?

Posted by jholzknecht on  March 28, 2017
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On March 10 the U.S. Department of Housing and Urban Development (HUD) announced an agreement with Alpine Bank & Trust resolving allegations the Northern Illinois-based lender discriminated against African American and Hispanic mortgage applicants. HOPE Fair Housing Center of Wheaton, Illinois filed a complaint with HUD claiming the lender’s business service areas excluded majority African-American and Hispanic neighborhoods. The Fair Housing Act makes it unlawful for any person or other entity whose business includes residential real estate-related

SETBACK FOR CFPB

Posted by jholzknecht on  March 28, 2017
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Category: Uncategorized
On June 6 2016 the CFPB sued Intercept Corporation, a payment processor, and two of its executives, Bryan Smith and Craig Dresser, for allegedly enabling unauthorized and other illegal withdrawals from consumer accounts by their clients. In the suit filed in federal district court, the CFPB alleges that Intercept turned a blind eye to blatant warning signs of potential fraud or lawbreaking by its clients. These include actions by federal and state authorities, and sky-high

PROPOSED CHANGES TO REGULATION B

Posted by kowsley on  March 27, 2017
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The CFPB released proposed changes to Regulation B on Friday, March 24th.  The proposal, a mere 56 pages, is designed to permit creditors additional flexibility in complying with Regulation B, in order to facilitate compliance with Regulation C – HMDA.  This proposal was not unexpected. In October 2015, the CFPB issued final rules to implement changes to Regulation C that allow an applicant to self-identify using disaggregated ethnic and racial categories.  These rules are generally
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