Over the years many of you have heard me discuss the rescission rules contained in Regulation Z. I always explained that if the lender screws up and fails to give the notice, fails to give a timely notice, fails to give the correct notice, fails to properly complete the notice, fails to wait three days before distributing the form, fails to give timely and accurate TIL disclosures, or makes any one of several other errors […]
Category: Lending Compliance
DISABILITY DISCRIMINATION
On February 27, 2012 the Department of Housing and Urban Development (HUD) charged Bank of America (BOA) with discriminating against disabled homebuyers. The Fair Housing Act makes it illegal to discriminate in the terms and conditions of a loan to an individual based on a disability, including imposing different application or qualification criteria, and also makes it illegal to inquire about the nature or severity of a disability except in limited circumstances. “Holding homebuyers with […]
HMDA THRESHOLD – BETTER LATE THAN NEVER
Today the Consumer Financial Protection Bureau (CFPB) published the HMDA asset threshold. The exemption threshold has been adjusted to $41 million from $40 million. The adjustment is based on the 3.43 percent increase in the average of the CPI-W for the twelve-month period ending in November 2011. Therefore, depository institutions with assets of $41 million or less as of December 31, 2011 are exempt from collecting HMDA data in 2012. Remember, HMDA was previously implemented […]
CFPB’S SEMI-ANNUAL REPORT TO THE PRESIDENT AND CONGRESS
The Consumer Financial Protection Bureau (CFPB) recently presented its first Semi-Annual Report to the President and Congress. Among other issues, the report includes the CFPB’s agenda for the next six months. It is aggressive and includes items that will represent a lot of work for our readers. The agenda includes: Final rules defining the lender’s obligation to assess the borrower’s ability to repay mortgage loans; Proposed mortgage loan disclosures, which combine Truth in Lending disclosures […]
2012 – THE YEAR OF FAIR LENDING ISSUES
2012 is going to be a big year for Fair Lending issues. In late December 2011 the Department of Justice (DOJ) entered into the largest residential fair lending settlement in the agency’s history. The $335 million settlement resulted from the lender charging higher rates and fees to African-American and Hispanic borrowers than non-Hispanic white borrowers. Attorney General Eric Holder has made clear that DOJ is gearing up for additional fair lending suits. DOJ has filed […]