The Consumer Financial Protection Bureau (“Bureau”), pursuant to its authority to extend its supervision to persons that offer or provide any consumer financial product or service that poses a risk to consumers, has adopted a...more
Two insurance industry trade groups, the American Insurance Association and the National Association of Mutual Insurance Companies, recently filed suit against the U.S. Department of Housing and Urban Development (HUD)...more
Below is a link to A Strategic Guide to the ATR/QM Rules (Guide), Dechert LLP’s analysis for the American Bankers Association (ABA) of the Ability-to-Repay (ATR) and Qualified Mortgage (QM) rules adopted by the Consumer...more
Senators Bob Corker (R-TN) and Mark Warner (D-VA) have introduced a bi-partisan bill to reform the U.S. housing finance market. Entitled the “Housing Finance Reform and Taxpayer Protection Act of 2013” (the “Reform Bill” or...more
In This Presentation:
- The Qualified Mortgage (QM) Rule
- Small Creditor QM Proposal
- The Ability-to-Repay (ATR) Rule: What It Says and What It Means
- Liability for Failure to Comply with the ATR and QM...more
4/16/2013
/ Ability-to-Repay ,
Consumer Financial Protection Bureau (CFPB) ,
Disparate Impact ,
Fair Lending ,
HUD ,
Lenders ,
Loans ,
Mortgages ,
Qualified Mortgage Rule ,
Safe Harbors ,
Underwriting
Originally published in BNA’s Banking Report, 100 BBR 617 on 04/02/2013.
Overall Trends & Outlook -
In 2012, the federal banking agencies, including the Federal Deposit Insurance Corporation (‘‘FDIC’’), Office...more
4/4/2013
/ Anti-Money Laundering ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Fair Lending ,
FDIC ,
FinCEN ,
Mortgage Reform ,
OCC ,
Office of Foreign Assets Control (OFAC) ,
Unfair or Deceptive Trade Practices
The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more
The U.S. Consumer Financial Protection Bureau (the “Bureau”) has released a proposal (the "Proposal") to amend the Bureau's recently issued final rules (the “Rules”) on the definition of a qualified mortgage (“QM”) and the...more
Congress in the Dodd-Frank Act responded to concerns about the quality of mortgage loans by establishing incentives for lenders to seek to ensure that borrowers had the ability to repay mortgage loans made to them. In...more
1/16/2013
/ Ability-to-Repay ,
Borrowers ,
Consumer Financial Protection Bureau (CFPB) ,
Damages ,
Dodd-Frank ,
Foreclosure ,
Lenders ,
Loans ,
Mortgages ,
Penalties ,
Qualified Mortgage Rule ,
Rebuttable Presumptions ,
Safe Harbors ,
Truth in Lending Act (TILA)
The U.S. Department of Treasury (Treasury) recently issued a report that reviewed the implementation of Treasury guidelines for streamlining distressed homeowners’ communications with mortgage lenders. The Treasury...more