All in Regulatory Update

On July 25, 2019, the CFPB announced an Advance Notice of Proposed Rulemaking (ANPR) seeking information relating to the expiration of the temporary qualified mortgage (QM) provision applicable to certain mortgage loans eligible for purchase or guarantee by the Government Sponsored Enterprises (GSE - i.e. Fannie Mae & Freddie Mac). This provision, also known as the GSE patch, is scheduled to expire no later than Jan. 10, 2021.

As the ANPR states that the Bureau currently plans to allow the GSE Patch to expire around January 2021, financial institutions…

At the Compliance Cohort, we understand that keeping up with regulatory changes is one of the most challenging aspects for you as a compliance professional. On one hand, you have hundreds of daily tasks that must get done and you really don’t even have time to do them all. On the other hand, changing rules are somewhat difficult to keep up on and can take considerable amounts of time to both comprehend and then understand how a rule applies to your specific organization.

To assist you and your financial institution with “regulatory change management,” we have created our Quarterly Compliance Update program. The way this program works is that each quarter, we release a new training class that covers all of the regulatory activity from the prior quarter of the year. For example, our 2Q 2019 Quarterly Compliance Update covers all of the regulatory changes that took place during the months of April, May, and June - and boy was there quite a bit of activity. (The full curriculum for the program can be viewed at the link below.)

Using our “virtual classroom approach,” we deliver each Quarterly Compliance Update class with you in mind, answering these two questions: what has happened and what do you need to know? Our goal is to save you considerable amounts of time sifting through regulatory updates and provide you with the need-to-know information so that you can take quick and efficient action. We want to make your job easier, and we try to focus everything in this program around this focus. We’ve been told that our program not only helps you understand new rules, but also helps you understand what needs to be done - helping you to form a game-plan to tackle regulatory change.

If you think that our Quarterly Compliance Update might be beneficial for you, be sure to check out our new 2Q 2019 class as it available at a pretty nice discounted price now through Thursday August 1, 2019.

https://www.compliancecohort.com/video-webinar-2q2019-quarterly-compliance-update

On July 22, 2019, the joint agencies issued a statement to improve transparency of risk-focused BSA/AML supervision. The statement outlines common practices for assessing a bank's money laundering/terrorist financing risk profile, assisting examiners in scoping and planning the examination and initially evaluating the adequacy of the BSA/AML compliance program. Using this approach, the agencies generally are able to allocate more resources to higher-risk areas and fewer resources to lower-risk areas when conducting BSA/AML examinations. The statement does not establish new requirements, and also notes that having a risk-based compliance program enables a bank to allocate compliance resources commensurate with its risk.

On July 18, 2019, the NCUA released a rule that amends their policy requiring appraisals for certain transactions, including increasing the threshold below which appraisals are not required for commercial real estate transactions from $250,000 to $1,000,000. In addition to this, the rule does three other things: (1) it restructurs the rule to enhance clarity; (2) it exempts from the rule certain federally related transactions involving real estate in a rural area; and (3) is makes conforming amendments to the definitions section. The rule is not yet final, but will be so 90 days after publication in the federal register.

On June 28, 2019, the CFPB released their annual report on fair lending.  Coming just seven months after the last annual report to congress (12/4/18), this annual report to Congress describes the Bureau’s fair lending activities in innovation, outreach, prioritization, guidance and rulemaking, supervision, and enforcement for calendar year 2018.  This is the first report released under new CFPB Director, Kathleen Kraninger.

NOTE: The 2018 CFPB fair lending report to Congress will be included in our 2Q 2019 Regulatory Update program, which will be released in July of 2019, covering all of the regulatory changes that a compliance professional needs to be aware of from the activity that occurred during the 2nd Q of 2019.

On 7/2/19, the FDIC announced updates to their Consumer Compliance Examination Manual (CEM) which examiners utilize when conducting compliance examinations. The manual contains exam procedures for consumer compliance regulations, the Community Reinvestment Act rules, and other supervisory requirements and helps to provide consistency among examiners when conducting examinations.

On June 25, 2019, the CFPB held a symposium on abusive acts or practices. This symposium was the first in a series aimed at stimulating a proactive and transparent dialogue to assist the Bureau in its policy development process, including possible future rulemakings. The CFPB has explained that the format of each symposium will include a discussion panel of experts with a variety of viewpoints on the topic. The recent abusive acts or practices symposium included two panels of UDAAP experts and also included

On June 12, 2019, the Federal Housing Finance Agency (FHFA), Fannie Mae, and Freddie Mac announced that the optional use period for the redesigned Uniform Residential Loan Application (URLA) form has been delayed again.  It was planned that the redesigned URLA could be used starting on July 1, 2019 with required use by January 1, 2020. This announcement delays the optional use period for the new URLA, meaning that lenders should not yet begin using this form.