All in Regulatory Update

On May 5, 2022, the federal bank regulatory agencies issued a joint proposal to strengthen and modernize regulations implementing the Community Reinvestment Act (CRA) to better achieve the purposes of the law. CRA is a landmark law that encourages banks to help meet the credit needs of their local communities, including low- and moderate-income (LMI) neighborhoods, in a safe and sound manner.

On May 3, 2022, the FHFA announced that Fannie Mae and Freddie Mac will require lenders to use the Supplemental Consumer Information Form (SCIF) as part of the application process for loans that will be sold to the said Enterprises. The purpose of the SCIF is to collect information about the borrower's language preference, if any, and on any homebuyer education or housing counseling the borrower received, to help lenders facilitate communications with borrowers in their preferred language. Lenders will be required to adopt these changes and reporting requirements for loans with application dates on or after March 1, 2023.

On April 29, 2022, OFAC re-issued the amended the Ukraine-Related Sanctions Regulations, 31 C.F.R. part 589, renaming it to Ukraine-/Russia-Related Sanctions Regulations. This administrative action replaces the regulations that were published in abbreviated form on May 8, 2014 with a more comprehensive set of regulations that includes additional interpretive and definitional guidance, general licenses, and other regulatory provisions that will provide further guidance to the public.

On April 26, 2022, CFPB Director Rohit Chopra testified before the Senate Committee on Banking, Housing, and Urban Affairs in conjunction with the CFPB’s submission of the Semiannual Report to Congress. In his speech, Chopra enumerated the CFPB’s efforts to align with the objectives that Congress set out for the agency.

On April 25, 2022, the CFPB announced that it is invoking a largely unused legal provision to examine nonbank financial companies that pose risks to consumers. Through the use of this dormant authority, the CFPB believes that it will protect consumers and level the playing field between banks and nonbanks. In addition, the CFPB is seeking public comments on a procedural rule to make this process more transparent.