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As we originally reported in Spring 2014 the Supreme Court of the United States (SCOTUS) granted review in the case of Jesinoski v. Countrywide Home Loans. In the case, argued on November 4, 2014, and decided January 13, 2015, SCOTUS reversed and remanded the decision of the Eighth Circuit Court of Appeals. In a unanimous opinion delivered by Justice Scalia, the court held that a “borrower exercising his right to rescind under the Act need only provide written

On January 29, 2015 the Consumer Financial Protection Bureau (CFPB) proposed several changes to Regulation Z that impact small creditors, particularly in rural and underserved areas. The proposal would increase the number of financial institutions able to offer certain types of Qualified Mortgages (QM) in rural and underserved areas. Ability -to-Repay rules, which took effect in January 2014, require lenders to make a reasonable and good-faith determination that prospective borrowers have the ability to repay

On January 18, 2015 the Consumer Financial Protection Bureau (CFPB) approved final changes to Regulations X and Z. The changes are effective on August 1, 2015. The final rule: Extends the timing requirement for revised disclosures when consumers lock a rate or extend a rate lock after the Loan Estimate is provided; Clarifies placement of the Nationwide Mortgage Licensing System and Registry ID (NMLSR ID) on the integrated disclosures; Permits certain language related to construction

The Department of Housing and Urban Development (HUD) released an updated Servicemembers Civil Relief Act (SCRA) Notice, form HUD-92070, in late December 2014 to replace the SCRA Notice which expired on November 30, 2014. The updated SCRA Notice issued in December included information contradictory to the timeframe of protections afforded to servicemembers in the SCRA, as amended. The SCRA Notice, form HUD-92070, provides information on the following: 1) legal rights and protections under SCRA; 2)

A number of different federal lending compliance regulations use the term “manufactured home.” For example, the appraisal rules in Section 1026.35(c) of Regulation Z contain exemptions for both mobile home and manufactured homes, but the exemptions differ for one category of home versus the other. For HMDA and Regulation C lenders must gather and submit information regarding, among other categories, the property type. There seems to be much confusion regarding the definition of “manufactured home.”