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

CFPB Releases Second Update of Exam Procedures for Mortgage Rules

On August 15, 2013, the Consumer Financial Protection Bureau (CFPB) released a second update to its exam procedures in connection with the new mortgage regulations issued in January 2013, most of which go into effect in January 2014. The update covers Ability-to-Repay/Qualified Mortgages, high-cost mortgages, and appraisals for higher-priced mortgage loans, as well as new amendments related to the escrows rule. The update also covers recent changes to credit card rules. The exam procedures now cover the mortgage origination rules issued through May 29, 2013, and mortgage servicing rules issued through July 10, 2013.

Loan Originator Compensation

Please click on the video below to access the loan originator compensation presentation. Please make sure you have your speakers on to listen and follow the presentation materials. You may download the documents which are covered in the loan originator compensation presentation below within the “Downloads” section. For the best view of the documents open the following PDF file on your computer or download the PDF and follow along with the recorded presentation.

CFPB Proposed Amendments to the 2013 Mortgage Rules Under Regulation B, Regulation X, and Regulation Z

In the July 2, 2013 issue of the Federal Register (78 FR 39902) the Consumer Financial Protection Bureau (CFPB) published a proposed rule, click here, to clarify or revise regulatory provisions and official interpretations primarily relating to the 2013 Mortgage Servicing Final Rules (see, 78 FR 10695 (Reg. X) and 78 FR 10901 (Reg. Z), Feb. 14, 2013) and the 2013 Loan Originator Compensation Final Rule (see, 78 FR 11279, Feb. 15, 2013). The proposed rule also proposes modifications to the effective dates for provisions adopted by the 2013 Loan Originator Compensation Final Rule, and certain technical corrections and minor refinements to Regulations B, X, and Z. In the July 2, 2013 issue of the Federal Register (78 FR 39902) the Consumer Financial Protection Bureau (CFPB) published a proposed rule, click here, to clarify or revise regulatory provisions and official interpretations primarily relating to the 2013 Mortgage Servicing Final Rules (see, 78 FR 10695 (Reg. X) and 78 FR 10901 (Reg. Z), Feb. 14, 2013) and the 2013 Loan Originator Compensation Final Rule (see, 78 FR 11279, Feb. 15, 2013). The proposed rule also proposes modifications to the effective dates for provisions adopted by the 2013 Loan Originator Compensation Final Rule, and certain technical corrections and minor refinements to Regulations B, X, and Z.

Texas Home Equity Loans – Per Diem Interest, Discount Points and Powers of Attorney under the Texas Supreme Court Decision in Finance Commission of Texas v. Norwood

The recent Texas Supreme Court decision in Finance Commission of Texas v. Norwood, 2013 WL 3119481 (Tex. June 21, 2013) redefines interest for the purpose of fees and limits the locations where powers of attorney may be executed in connection with home equity loans authorized by Article XVI, Section 50(a)(6) of the Texas Constitution. We previously sent our clients an email alert regarding the Norwood opinion, advising of its effect on discount points for the purposes of the three percent fee cap in section 50(a)(6)(E) and the new limitation where home equity powers of attorney must be executed. The email alert may be found on our website under Articles.

CFPB Delays Effective Date of the Regulation Z Prohibition on Financing Single-premium Credit Insurance to January 10, 2014

For certain consumer credit transactions for which a creditor receives an application on or after June 1, 2013, the Consumer Financial Protection Bureau (CFPB) amended Regulation Z by adding Section 1026.36 (i) prohibiting the financing of single-premium credit insurance (see our memorandum dated April 10, 2013). The effective date of Section 1026.36(i) was scheduled to be June 1, 2013, but the CFPB by final rule issued today has delayed its effective date until January 10, 2014. The text of Section 1026.36(i) is reprinted below:

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