All in Regulatory Update

On 5/11/21, the Federal Deposit Insurance Corporation (FDIC) published its 2021 Risk Review, which outlines a list of emerging risks in the U.S. banking system. According to the FDIC’s release, they began reporting key banking sector risks in its Risk Review publication in 2019, and this year’s report expands coverage of key risks during a time of heightened uncertainty.

On 5/4/2021, the CFPB released two reports where the CFPB explains that more work needs to be done to help mortgage borrowers coping with the COVID-19 pandemic and economic downturn. The first report documents that Black and Hispanic mortgage borrowers are much more likely to be delinquent or in a forbearance program than white borrowers. In a second report, the CFPB reports that overall mortgage complaints to the CFPB have risen to their highest level in three years.

On 4/29/2021, the Financial Crimes Enforcement Network (FinCEN) announced the renewal of a set of Geographic Targeting Orders (GTOs) that have been renewed several times now, the last renewal being in November 2020. These GTOs require U.S. title insurance companies to identify the natural persons behind shell companies used in all-cash purchases of residential real estate and only apply to title companies in certain metropolitan areas. The purchase amount threshold remains $300,000 for each covered metropolitan area.

On 4/29/2021, the OCC released Bulletin 2021-22 to announce they had issued a revised “Credit Card Lending” booklet of the Comptroller’s Handbook, which is prepared for use by OCC examiners in connection with the examination and supervision of national banks, federal savings associations, and federal branches and agencies of foreign banking organizations (collectively, banks).

On 4/28/2021, the CFPB issued a bulletin that analyzes complaints submitted by consumers in counties nationwide. In their release, the CFPB explains that, in 2019 and 2020, it received more complaints on a per-capita basis from consumers living in predominantly minority counties than from consumers in predominantly white, non-Hispanic counties. Consumers in counties with the highest percentage of minority population submitted complaints at over four times the rate compared to counties with the lowest percentage of minority population.

On 4/27/2021, the CFPB officially delayed the mandatory compliance date of the General Qualified Mortgage (QM) final rule from July 1, 2021 to October 1, 2022. In their release, the CFPB states it is taking this action to help ensure access to responsible, affordable mortgage credit, and preserve flexibility for consumers affected by the COVID-19 pandemic and its economic effects.

On 4/27/21, the Consumer Financial Protection bureau (CFPB) announced that it had taken action against Nationwide Equities Corporation for sending deceptive loan advertisements to hundreds of thousands of older borrowers. In their release, the Bureau explained that it had found that advertisements from Nationwide Equities misled consumers about how much money they could receive from a reverse mortgage, the fees and costs associated with the products, and the consequences of nonpayment. In addition, the advertisements violated the Mortgage Acts and Practices Advertising Rule (MAP Rule), the Truth in Lending Act (TILA), and the Consumer Financial Protection Act of 2010 (CFPA). The CFPB is ordering the company to pay a penalty, cease its illegal conduct, and implement a compliance plan to affirmatively review every advertisement to ensure they do not violate federal law.

on 4/22/21, the FDIC issued a proposed rule implementing its statutory authority to prohibit any person or organization from making misrepresentations about FDIC deposit insurance or misusing the FDIC’s name or logo. This statutory authority allows the FDIC to bring formal enforcement actions, such as cease and desist orders or civil money penalties, against individuals or entities for violations.

On 4/20/21, the U.S. Department of Housing and Urban Development (HUD) announced that wass charging an owner of a six-bedroom rental home in Frisco, Texas, with violating the Fair Housing Act by refusing to rent to a woman and her ten children. HUD’s charge alleges that the owner stated that he could not rent the home to a family with eleven people, even though the mother, a HUD Housing Choice Voucher recipient, was qualified to rent the home.