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Read articles below for analysis and discussion of recent trends by BM&G’s industry experts.

CFPB Issues Qualified Mortgage Points and Fees Cure Amendments

As a follow-up to our May 6, 2014, memorandum on the CFPB’s proposed rule to add a cure provision to the qualified mortgage points and fees limitation in §1026.43(e)(3) of Regulation Z, this is to inform you that on October 22, 2014, the CFPB issued a final rule to that effect (click here). This final rule will be published in the Federal Register in the near future and will become effective on the date(s) set out therein. We will update this memorandum on our website when the final rule is published in the Federal Register to advise you of that fact and of the final rule’s effective date(s).

Ability-to-Repay Interpretive Rule Issued by CFPB – Loan Assumption

On July 8, 2014, the CFPB issued an interpretive rule (click here) clarifying that when a person (“successor”) who has previously acquired title to the successor’s principal dwelling subsequently agrees to be added as obligor or substituted for the existing obligor on a consumer credit transaction secured by that dwelling (“loan”), the creditor’s written acknowledgement of the successor as obligor is not subject to the Ability-to-Repay Rule (ATR Rule) in §1026.43 of Regulation Z because that transaction is not an assumption as defined by §1026.20(b) of Regulation Z.

CFPB Publishes Qualified Mortgage Points and Fees Proposed Amendments in May 6, 2014

As a follow-up to our April 30, 2014, memorandum (click here) notifying you of the CFPB’s proposed rule to add a cure provision to the qualified mortgage points and fees limitation in §1026.43(e)(3) of Regulation Z, this is to inform you that the CFPB has now published this proposed rule for public comment in the May 6, 2014, issue of the Federal Register (click here). The text of the proposed amendments and their proposed official interpretations are set out below:

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