CFPB Issues Small Entity Compliance Guide on Ability-to-Repay and Qualified Mortgage Rule

The Consumer Financial Protection Bureau (“CFPB”) recently issued a Small Entity Compliance Guide on the Ability-to-Repay and Qualified Mortgage Rule (the “Rule”). The Rule was issued under Dodd-Frank. The Guide provides an overall summary of the Rule and discusses application of the Rule in a Q&A format. The CFPB issued the final rule on January 10, 2013, with an effective date of January 10, 2014.

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Regulators Issue Final Rule For Higher-Priced Mortgage Appraisals

The OCC, Federal Reserve, CFPB, FDIC, FHFA, and NCUA recently issued notice of a Final Rule establishing new appraisal requirements for “higher-priced mortgage loans” (HPMLs). The Final Rule is being implemented under the Federal Truth in Lending Act and was required under Dodd-Frank. We discussed an earlier proposed version of the rule last November. Whether a consumer mortgage loan is an HPML generally depends on if the interest rate exceeds 1.5% or 2.5% over prime (depending on principal amount) for a first-lien residential mortgage, or 3.5% over prime for a subordinate-lien residential mortgages. There are a number of significant exclusions from requirements under the Final Rule, for example, for property located in “rural counties” and for property acquired from servicemembers.

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CFPB Issues Final Rules Governing MLO Compensation Restrictions and Other Requirements under Regulation Z

The Consumer Financial Protection Bureau (“CFPB”) recently issued a final rule (the “Final Rule”) implementing restrictions on mortgage loan originator (“MLO”) compensation under Regulation Z (Truth in Lending), along with additional interpretive guidance. These restrictions, which prohibit MLO compensation based on mortgage loan terms, or “proxies” for such terms, were mandated under the Dodd-Frank Act. In a number of prior blogs, we discussed the CFPB’s evolving guidance on these restrictions. One issue of particular interest was whether profit-based retirement and bonus plans would be prohibited under the rationale that profit serves as a “proxy” for certain loan terms such as interest rate (a view taken by Federal Reserve staff members when the rule was first introduced).

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Regulators Propose New Appraisal Requirements For Higher-Risk Mortgages

The OCC, Federal Reserve, CFPB, FDIC, FHFA, and NCUA recently issued a joint notice of a proposed rule implementing new appraisal requirements for “higher-risk mortgages.” These requirements would apply under the Federal Truth in Lending Act and were imposed by Dodd-Frank. “Higher-risk” mortgages are defined to include first-lien residential mortgages that exceed an interest rate threshold of 1.5% or 2.5% greater than the average prime offer rate for a comparable transaction (depending on principal amount), and subordinate-lien residential mortgages with an interest rate in excess of 3.5% of the average prime offer rate. There are a number of exclusions from the definition of “higher-risk mortgage” in the proposed rule.

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Maine Regulation Z-2 Officially Repealed

Regulation Z-2 is now officially repealed in Maine. On December 1, 2011, the Maine Bureau of Consumer Credit Protection and Bureau of Financial Institutions jointly announced the conclusion of their rulemaking regarding Regulation Z-2, which was slated for repeal based on recent amendments to Maine’s Consumer Credit Code earlier this year.

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