Archive

How CRA, Section 1071, and Fair Lending Intersect

With the introduction of Section 1071’s final rule earlier this year and the anticipation of the interagency update to CRA, compliance departments across the country are grappling with the regulatory frameworks that support fair lending and consumer protection. Here’s an overview of how these three components, Section 1071, CRA, and Fair Lending, relate to each other: Section 1071 Data Collection Through the collection and reporting of data related to lending practices, specifically for small businesses […]

NATIONAL COMMUNITY REINVESTMENT COALITION – APPRAISAL DISCRIMINATION

In early November, the National Community Reinvestment Coalition (NCRC) filed two complaints against appraisers with the Department of Housing and Urban Development asserting different treatment based on race in violation of the Fair Housing Act. The first complaint, against RMC Appraisal Services, asserts different service levels based on race; and The second complaint, against Atlantic Appraisers & Associates, addresses home valuations that differ based on race. Mystery Shoppers The Complaints evolved from mystery-shopping regarding appraisals […]

REDLINING IS ERUPTING

On October 22, 2021 redlining hell broke loose. Trustmark – The Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ), in cooperation with the Office of the Comptroller of the Currency (OCC), took action today to put an end to alleged redlining by Trustmark National Bank. The CFPB and DOJ allege that Trustmark discriminated against Black and Hispanic neighborhoods by deliberately not marketing, offering, or originating home loans to consumers in majority-Black and […]

CFPB KICKS ENFORCEMENT INTO HIGH GEAR

The Consumer Financial Protection Bureau (CFPB) will name Eric Halperin, a longtime consumer advocacy attorney and former official with the U.S. Department of Justice during the Barack Obama administration, to serve as its new enforcement director. This is according to original reporting at Bloomberg Law, based on conversations with internal CFPB sources who wished to remain unnamed. It is expected that Halperin will be appointed by CFPB Director Rohit Chopra in the coming days, according […]

CFPB FEELING PRESSURE FROM NINE-YEAR DELAY IN ISSUING REGULATIONS

Section 1071  of the Dodd-Frank Act required the Consumer Financial Protection Bureau (CFPB) to issue rules, by July 21, 2011, to implement requirements for HMDA-like data collection and reporting for small businesses and for women-owned and minority-owned businesses. Recently the California Reinvestment Coalition, the National Association for Latino Community Asset Builders, and two individual small business owners filed suit seeking a declaration that the CFPB’s failure to issue regulations implementing Section 1071 violates the Administrative […]