CFPB Proposes New Rules Governing Servicing of Consumer Mortgage Loans

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The Consumer Financial Protection Bureau (CFPB) has proposed amendments to Regulation X (Real Estate Settlement Procedures Act) and Regulation Z (Truth in Lending Act) that create new disclosure requirements and uniform guidance to servicers of consumer home mortgages.

The rules, which the CFPB expects to finalize in January 2013, cover nine subjects: 

  • Clearer periodic billing statements, including a breakdown of all payments, fees owed, and due dates
  • Early notice of interest rate adjustments, including alternatives and counseling resources available if the consumer is unable to pay
  • Prompt crediting of payments and sending of payoff balances
  • Options for avoiding force-placed insurance and providing advance notice and pricing information before charging for that insurance
  • Error resolution and information requests
  • Information management policies and procedures
  • Early notice to delinquent borrowers of loss-mitigation options
  • Provision of dedicated contact personnel to delinquent borrowers
  • Loss-mitigation procedures

The proposed rules do not apply to home equity lines of credit, reverse mortgages, or mortgages that are not secured by land. They also include proposed exemptions and modifications for "small servicers."

A summary of the proposed rules can be found here, and the Bureau's statement on the proposed rules, including links to the rules, can be found here.

The public comment period is open until October 9, 2012, and e-mail comments should be submitted here.


Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we inform you that any advice (including in any attachment) (1) was not written and is not intended to be used, and cannot be used, for the purpose of avoiding any federal tax penalty that may be imposed on the taxpayer, and (2) may not be used in connection with promoting, marketing or recommending to another person any transaction or matter addressed herein.

Published In: Administrative Agency Updates, Consumer Protection Updates, Finance & Banking Updates, Commercial Real Estate Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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