The Consumer Financial Protection Bureau (CFPB) published a report Tuesday detailing 16 large mortgage servicers’ response to the COVID-19 pandemic. The report’s data metrics include call handling and loan delinquency rates and highlight the industry’s widely varied response to the pandemic.
Update: CFPB Finalizes Pandemic Mortgage Servicing Rules | Insights gtlaw.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from gtlaw.com Daily Mail and Mail on Sunday newspapers.
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The CFPB recently published its latest semiannual agenda of planned rulemaking activities as part of the Executive Branch’s Spring 2021 Unified Agenda of Federal Regulatory and Deregulatory Actions. The agenda lists the regulatory actions that the Bureau reasonably anticipates that it will consider during the period from May 1, 2021, to April 30, 2022. This is the first rulemaking agenda published by the Bureau during the Biden Administration.
The new agenda lists two items as in the “final rule stage”:
Debt collection. Due in part to the “societal disruption” caused by the COVID-19 pandemic, in April 2021, the CFPB issued a notice of proposed rulemaking (NPRM) that would extend by 60 days the effective date of Part I and Part II of its final debt collection rule. Both Parts of the debt collection rule are scheduled to take effect on November 30, 2021.
Wednesday, June 30, 2021
On June 28, 2021, the Consumer Financial Protection Bureau (CFPB, or the Bureau) issued its Final Rule amending RESPA Regulation X to provide significant foreclosure protections to borrowers. Our April GT Alert discussed this proposed rule, and how it reflected the Bureau’s sharpened focus on mortgage servicing, in particular how it could use its rulemaking and enforcement powers to prevent “avoidable foreclosures.” The Final Rule, which only applies to mortgage loans secured by a property that is a borrower’s principal residence, largely tracks the Bureau’s April 2021 proposal, although it contains several carve-outs from the foreclosure moratorium that were only suggested in the earlier proposal.
Headlines
CFPB Issues Interim Final Rule to Support CDC Moratorium on Evictions
FEMA Announces Changes to National Flood Insurance Program Pricing
Proposed Rule Would Establish Mandatory Terms for Tax Allocation Agreements
Other Developments: Paycheck Protection Program and Qualified Mortgages
1. CFPB Takes Steps to Avoid a Possible Wave of Home Mortgage Loan Foreclosures
The CFPB has issued guidance to mortgage servicers, including banks that service mortgage loans for third-party noteholders, that the CFPB expects servicers to dedicate sufficient resources and staff to reduce avoidable foreclosures in coming months. According to the guidance issued on April 1, Compliance Bulletin 2021-02, the CFPB believes consumer home mortgage borrowers needing loss mitigation assistance as the COVID-19 foreclosure moratoriums and forbearances end will face heightened risks of foreclosure. The CFPB’s guidance urges mortgage servicers to dedicate resources and staff to ensure that they can