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

Proposed Rule Amending Regulation Z HOEPA Loan Coverage – Comment Period Extended By Consumer Financial Protection Bureau

On August 15, 2012, this firm issued a memorandum (click here) on the proposed rule to amend the HOEPA Loan Coverage in §1026.32(a)(1)(i) and (b)(1)(i) of Regulation Z, which was published in the August 15, 2012 issue of the Federal Register by the Consumer Financial Protection Bureau (CFPB). The proposed rule’s comment period for this amendment was originally stated to end on September 7, 2012. The CFPB has reconsidered and in yesterday’s issue of the Federal Register (77 FR 54844) published a notice that it is extending the comment period for the proposed amendments to §1026.32(a)(1)(i) and (b)(1)(i) to November 6, 2012.

Proposed Rule Amending Regulation Z §1026.4 (Finance Charge) Comment Period Extended By Consumer Financial Protect Bureau

On August 24, 2012, this firm issued a memorandum on the proposed rule to amend the definition of finance charge in §1026.4 of Regulation Z, which was published in the August 23, 2012 issue of the Federal Register by the Consumer Financial Protection Bureau (CFPB). The proposed rule’s comment period was originally stated to end on September 7, 2012. The CFPB has reconsidered and in today’s issue of the Federal Register (77 FR 54843) has published notice that it is extending the comment period for the proposed amendments to §1026.4 to November 6, 2012. Except for the above extension of the comment period, all other statements in our August 24, 2012 memorandum remain unchanged.

Proposed Rule on Property Appraisals for Higher-Risk Mortgage Loans

In today’s Federal Register (77 FR 54722), the six federal financial regulatory agencies – Board of Governors of the Federal Reserve System (FRB), Bureau of Consumer Financial Protection (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), National Credit Union Administration (NCUA), and Office of the Comptroller of the Currency (OCC) – published a proposed rule amending Regulation Z to establish appraisal requirements for higher-risk mortgage loans.

Proposed Regulation Z Rules §§1026.1(c)(5) and 1026.4

On August 23, 2012, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register (77 FR 51116) the following proposed rule: “Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z)”. The proposed rule’s comment period ends on September 7, 2012, for proposed §§1026.1(c) and 1026.4. The proposed rule’s comment period ends on November 6, 2012, for all other proposed amendments to Regulation Z and Regulation X. This memo will address the proposed §§1026.1(c) and 1026.4, whose comment period ends September 7, 2012.

CFPB Issues Proposed Rule in Federal Register to Amend Regulation B Rules on Providing Appraisals to Loan Applicants

In the August 21, 2012 Federal Register (77 FR 50390), the Bureau of Consumer Financial Protection (CFPB) issued a proposed rule that would amend §1002.14 of Regulation B, the Form C-9 Notice, and the Official Interpretations to §1002.14 to require creditors to provide free copies of all written appraisals and valuations developed in connection with an application for a loan to be secured by a first lien on a dwelling. The proposed rule also would require creditors to notify applicants in writing of the right to receive a copy of each written appraisal or valuation at no additional cost. This proposed rule has a comment period that ends on October 15, 2012, and was the subject of our August 17, 2012 memorandum prior to the issuance of the proposed rule in the Federal Register.

Proposed Rule Amending Sections 1026.25 and 1026.36 of Regulation Z Affecting Mortgage Loan Origination, Compensation, and Licensing

In an August 17, 2012 press release, the Bureau of Consumer Financial Protection (CFPB) released a proposed rule that would amend §§1026.25 (Record Retention) and 1026.36 (Prohibited Acts or Practices – dwelling secured credit) of Regulation Z that would generally: (1) Add new three year record retention requirements for loan originator compensation paid by or to mortgage brokers and loan originators, the “zero-zero loan alternative” and good faith determination (discussed below), and the bona fide interest rate reduction (discussed below). (2) Amend the definitions for “loan originator,” “mortgage broker,” and “creditor” and add a definition for “compensation.”

Proposed Rule on Property Appraisals for Higher-Risk Mortgage Loans

In an August 15, 2012 press release, the six federal financial regulatory agencies – Board of Governors of the Federal Reserve System (FRB), Bureau of Consumer Financial Protection (CFPB), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), National Credit Union Administration (NCUA), and Office of the Comptroller of the Currency (OCC) – issued a proposed rule to establish appraisal requirements for higher-risk mortgage loans.

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