As part of its revisions to HMDA the Consumer Financial Protection Bureau (CFPB) is considering whether there is an opportunity to level the playing field between bank and nonbank lenders. Today, banks that meet certain conditions must submit annual reports even if they make only a single loan. However, nonbank mortgage lenders generally are required to report only if they make 100 loans and meet other conditions. The CFPB is considering a rule intended to […]
Tag: Lending Compliance
WHERE’S HMDA HEADED – PART I – OVERVIEW
The Home Mortgage Disclosure Act (HMDA) was enacted by Congress more than 35 years ago to increase public scrutiny of access to credit and residential mortgage lending. HMDA data: Contains information about the vast majority of mortgage loans in this country; Shows whether lenders are serving the housing needs of their communities; Gives public officials information that helps them make decisions and policies; and Reveals lending patterns that could be discriminatory. The Consumer Financial Protection […]
COURTS – RESCISSION
If a creditor fails to provide a borrower with a rescission notice or accurate material disclosures for certain residential mortgage loans, the rescission period is extended from three business days to three years. Two recent decisions from the Eighth Circuit conclude that borrowers must file a lawsuit to preserve the statute of limitations. Hartman v. Smith, 734 F.3d 752 (8th Cir. 2013) and Jesinoski v. Countrywide Home Loans, Inc., 729 F.3d 1092 (8th Cir. 2013). […]
FLOOD INSURANCE – CHANGES TO MAXIMUM COVERAGE LIMITS
Section 100204 of the Biggert-Waters Flood Insurance Reform Act of 2012 revised the maximum limits of building coverage available for non-condominium residential buildings designed for use for five or more families (Other Residential) to match the limits of commercial and other non-residential properties insured under the Standard Flood Insurance Policy (SFIP) General Property Form. This is an increase of available building coverage from $250,000 per building to $500,000. New Business and Renewals The new coverage limits […]
HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT
On March 13 the Senate joined the House of Representatives by passing a bill to reverse flood insurance reforms and curb flood insurance premium increases. The “Homeowner Flood Insurance Affordability Act of 2013,” (HFIAA) is on its way to the White House for signature. The White House has expressed concern about rolling back the Biggert-Waters reforms. Opponents of the bill argued that the Biggert-Waters reforms and the law’s scaling back of premium subsidies, changes intended […]