CFPB: Plan to Review Rules Under the Regulatory Flexibility Act

Industry Update
May 13, 2019

Source: CFPB

WASHINGTON, D.C.
– Today the Consumer Financial Protection Bureau (CFPB) published a notice on how it plans to periodically review regulations under the Regulatory Flexibility Act (RFA) and to request public input. Additionally, the Bureau published a notice requesting public input as part of its first RFA review examining the 2009 Overdraft Rule.

In Section 610 of the RFA, Congress specified that agencies review certain rules within 10 years of their publication, and consider the rules’ effect on small businesses. The purpose of the review is to minimize any significant economic impact of the rules upon a substantial number of small entities, consistent with the stated objectives of applicable statutes. At the conclusion of each review, the Bureau will determine whether the rule should be continued without change, or should be amended or rescinded. The RFA requires each agency to invite public comment on each rule undergoing review and to consider specific factors, including:

• The continued need for the rule;
• The nature of public complaints or comments on the rule;
• The complexity of the rule;
• The extent to which the rule overlaps, duplicates, or conflicts with federal, state, or other rules; andz
• The time since the rule was evaluated or the degree to which technology, economic conditions, or other factors have changed the relevant market.

The public will have 60 days to comment on the CFPB’s plan after publication in the Federal Register.

The CFPB’s RFA 610 review plan can be found at: https://files.consumerfinance.gov/f/documents/cfpb_rfi_regulatory-flexibility-act.pdf

The Overdraft Rule

The CFPB is also announcing the launch of its first RFA 610 review, which is of the 2009 Overdraft Rule.

In 2009, the Federal Reserve Board issued a rule that limits the ability of financial institutions to assess overdraft fees for paying automated teller machine (ATM) and one-time debit card transactions that overdraw consumers’ accounts. The rule amends Regulation E, which implements the Electronic Fund Transfer Act (EFTA). The Bureau recodified Regulation E, including the amendments made by the Overdraft Rule, in 2011 when the Bureau assumed rulemaking responsibility under EFTA. Today’s notice seeks comment on the economic impact of the Overdraft Rule on small entities. The public will have 45 days to comment after publication of the notice in the Federal Register.

The CFPB’s notice of review and request for comment on the 2009 Overdraft Rule can be found at: https://files.consumerfinance.gov/f/documents/cfpb_rfi_overdraft-rule.pdf

CFPB: Director Kraninger Announces Deputy Director

Industry Update
May 13, 2019

Source: CFPB

Washington, D.C.
— Consumer Financial Protection Bureau (CFPB) Director Kathleen L. Kraninger today announced that Brian Johnson will serve as the Deputy Director. Mr. Johnson first joined the Bureau in December 2017 as Senior Advisor to the Director and was named Principal Policy Director in April 2018. Mr. Johnson has served as Acting Deputy Director since July 2018.

“I’m glad to announce officially that Brian will be the Bureau’s Deputy Director,” said Director Kraninger. “Not only has he done a fantastic job serving in the Acting capacity, he has been an invaluable part of the team. Brian’s extensive experience on consumer and financial policy will continue to serve the Bureau in its focus on preventing consumer harm and using all of the tools Congress gave us to protect consumers.”

Mr. Johnson joined the Bureau from the House Financial Services Committee where he spent over five years serving in various capacities including Senior Counsel, Chief Financial Institutions Counsel, and Policy Director. During his time on the Committee, Mr. Johnson led the policy and legislative work for the Financial Institutions and Consumer Credit Subcommittee on issues related to consumer protection and credit, mortgage origination, credit reporting, banking and data security. Prior to joining the Committee, Mr. Johnson worked for the Attorney General of Ohio and the White House Domestic Policy Council. He received his B.A. in economics, as well as his J.D., from the University of Virginia.

 

CFPB: Senior Leadership and Executive Team Additions

Industry Update
May 13, 2019

Source: CFPB

WASHINGTON, D.C.
– The Consumer Financial Protection Bureau (CFPB) today announced additions to its senior leadership and executive teams.

The leadership positions announced today are:

Kate Fulton will serve as the Chief Operating Officer, a critical position managing the Operations Division as well as supporting all aspects of the Bureau’s operations. Ms. Fulton first joined the Bureau in 2013 serving as Senior Counsel in the Legal Division and later in the Office of Supervision, Enforcement and Fair Lending. In 2016, she was named Deputy Chief of Staff and Senior Counsel. In all of these positions, Ms. Fulton led high priority Bureau-wide initiatives, providing legal and subject matter expertise on operational matters. For the last year, she has also served as the Acting Chief Operating Officer. Prior to joining the Bureau, Ms. Fulton served as Attorney Advisor at the U.S. Customs and Border Protection and at a law firm representing federal employees in a wide array of employment matters. Kate earned her J.D. from the Boston University School of Law and a B.A. in Communications from the University of Maryland.

Yasaman Sutton will serve as Senior Advisor and Counselor to the Director. Ms. Sutton continues her civil service career at CFPB with over 14 years in the Executive Branch, where she provided advice and representation on legal matters affecting the Office of Management and Budget, the White House, the Department of Defense, and the Department of Justice. She has extensive experience advising high-level government officials in complex and evolving environments on a range of issues including civil and criminal litigation, public international law, ethics, and compliance. During law school, she worked in the Housing Unit at Greater Boston Legal Services representing homeless families before the Massachusetts Department of Transitional Assistance. Prior to law school, she worked at Bank of America in New York City. Ms. Sutton is a graduate of the University of Michigan, Harvard University, and the State University of New York at Buffalo Law School.

The executive positions announced today are:

Melissa Brand will serve as the Director of the Office of Civil Rights. Ms. Brand has extensive experience in federal sector equal employment opportunity, including almost 10 years at the U.S. Equal Employment Opportunity Commission. While at the Commission, Melissa wrote approximately 1,000 federal sector appellate decisions on whether or not discrimination occurred following complaints from federal employees. She also worked as an Administrative Judge while at the Commission and presided over hearings for federal sector complaints of discrimination. She has been the Bureau’s Equal Employment Opportunity (EEO) Complaints Program Manager since 2016. She holds a B.A. in Political Science from Fairleigh Dickinson University and a J.D. from the University of Denver Sturm College of Law.

Jim Rice will serve as the Assistant Director of the Office of Servicemember Affairs. Mr. Rice brings over three decades of experience serving in the U.S. Army. He initially served as an enlisted medic, followed by enlisted and commissioned service with the Wisconsin Army National Guard in the Field Artillery. After ROTC, Jim served for over thirty years in the Army Medical Service Corps as a Medical Evacuation officer. He commanded at every level from platoon to brigade, including as the first Army Medical Department officer to command at both the battalion and brigade level in Operation Iraqi Freedom. He later served as the Director of the U.S. Army Wounded Warrior program and in his final military assignment, Jim served as the Chief of the Health Services Division for the Chairman of the Joint Chiefs of Staff. Jim holds advanced degrees from Troy State University and the Army War College.

Fannie Mae: SVC-2019-03: Servicing Guide Updates

Investor Update
May 15, 2019

Source: Fannie Mae

The Servicing Guide has been updated to include changes related to the following:

• Mortgage Insurance (MI) Termination Solicitations*
• Document Custodian Updates
• Miscellaneous Revisions

*Policy change not applicable to reverse mortgage loans. Mortgage Insurance (MI) Termination Solicitations

In response to servicer feedback, we are clarifying Servicing Guide B-8.1-04, Termination of Conventional Mortgage Insurance to indicate that a servicer is authorized to solicit a borrower for MI termination based on original value only.

Effective Date
This policy clarification is effective immediately.

Document Custodian Updates

We have updated our Selling and Servicing Guides to remove all references to Fannie Mae’s designated document custodian (DDC); now, all Fannie Mae-approved custodians are equipped to certify all mortgage loan types. Each custodian arrangement must be evidenced by the execution of a Master Custodial Agreement (Form 2017) in accordance with Selling Guide A3-3-04, Document Custodians. Various topics have been updated in the Servicing Guide to reflect one, consolidated procedure where there were previously different instructions for our DDC versus a third-party document custodian.

Effective Date
Servicers must document each custodian arrangement through the execution of a Master Custodial Agreement (Form 2017) by September 30, 2019.

Miscellaneous Revisions

Eliminations and Rescissions of Foreclosure Sales Process Update.
We have updated the Servicing Guide to reflect that servicers must access the Eliminations/Rescissions Daily Report on Fannie Mae Connect. We will no longer send the report to servicers via email.

In addition, while the process to submit a request for elimination and/or a rescission remains the same, the Elimination/Rescission Request Template has been updated to require the 9-digit Seller/Servicer ID number for each mortgage loan.

Updated Servicing Guide Topics

E-4.1-02, Eliminations and Rescissions of Foreclosure Sales
F-4-01, References to Fannie Mae’s Website

Effective Date
The use of Fannie Mae Connect for the Elimination/Rescissions Daily Report is effective immediately. However, servicers may contact elimination_questions@fanniemae.com if there are questions about this report.

Reimbursement of Recording Costs in Connection with Charge-Offs**. In response to inquiries from our customers,
we are updating the Servicing Guide to clarify that we will reimburse servicers for the cost to record a required release of
lien in the real property records in connection with an approved mortgage loan charge-off.

Updated Servicing Guide Topics

C-1.2-04, Satisfying the Mortgage Loan and Releasing the Lien
C-1.2-05, Charging for a Release of Lien
D1-1-02, Evaluating a First Lien Mortgage Loan for Charge-Off and Release of Lien
F-1-05, Expense Reimbursement
F-1-25, Requesting Fannie Mae’s Approval via Fannie Mae’s Servicing Solutions System
F-4-01, List of Contacts

Effective Date
This policy clarification is effective for applicable recording costs that servicers incur on or after May 15, 2019.

**Policy change also applies to Home KeeperTM mortgage loans but is not applicable to Home Equity Conversion
Mortgage (HECM) loans.

Contact your Fannie Mae account team, Portfolio Manager, or Fannie Mae’s Single-Family Servicer Support Center at
1-800-2FANNIE (1-800-232-6643) with any questions regarding this Announcement.

Malloy Evans
Senior Vice President and
Chief Credit Officer for Single-Family

Baltimore Ransomware Attack Cripples City’s Mortgage Operations

Industry Alert
May 14, 2019

Source: The Baltimore Sun

The ransomware attack on Baltimore city’s government computers has shut down systems essential for completing home sales, putting a halt to property deals during one of the real estate industry’s busiest times of year.

People buying homes rely on the city to verify that properties are free of liens and to complete the recording of new deeds. Title companies also use information from the city to calculate outstanding water bills. Those processes have been disrupted by the hack, according to real estate agents and a bulletin from a title insurance company.

The disruption also stands to hold up the city’s collection of transfer and property taxes and water bills.

Amy Caplan, the operations manager at Broadview Title, said city systems her company relies on shut down Friday. Then Monday, the companies that underwrite title insurance began issuing notices telling their agents to put a stop to deals in Baltimore.

“It’s crippling the entire city for sure,” Caplan said. “There’s just no resolution. It seems like there’s no contingency plan in place for Baltimore city.”

In a briefing for City Council members on the attack Monday, Mayor Bernard C. “Jack” Young said officials were “working to minimize any impact on real estate transactions.”

On Tuesday, a spokesman for the mayor said the city’s finance department was trying to gain access to its mainframe system “to accurately provide an accounting of outstanding liens against properties scheduled for closings.”

“They’re working with outside experts and hope to gain access to the information as quickly as possible,” spokesman Lester Davis said in an email.

Georgiana Tyler, president of the Greater Baltimore Board of Realtors, said the organization has been in regular contact with city officials who understand the seriousness of the situation. Tyler said the city appears to have a plan for how to gain access to the necessary data and that she’s hopeful the problem “will be solved sooner rather than later.”

In the meantime, hundreds of property sales could be affected. A real estate agent with access to industry data said at least 1,500 sales are pending in Baltimore.

Realtor Joy Sushinsky said she had lost one deal already because of the computer problems and had several more on the line. If a second deal scheduled for Wednesday doesn’t go through, she said, the buyer and seller could be on the hook for some $2,600 in extra costs. And Sushinsky said because of lost revenue, she’s dipping into savings to pay her assistant.

“It’s just a mess,” she said.

The Greater Baltimore Board of Realtors said in a statement that it was seeking an emergency meeting with city officials. Al Ingraham, the group’s director, said in a subsequent email that he did not expect to know anything more until late Wednesday.

The board’s statement said most major title insurance companies had told their agents not to issues policies until the city’s computer issues are resolved. Without such a policy, a transaction involving a mortgage can’t be closed.

First American Title Insurance Co. was among those firms instructing agents not to close any deals in Baltimore.

“While the City is aware of the problems created by the inability to accept or process real property sales and loan transactions and is working on a solution, it is unable to give a time frame on when it will be able to re-open. We have been told to check in weekly,” the company wrote.

“We understand that the situation presents difficulties for our agents, but feel that under the circumstances, declining to insure until systems are back in full service is the only way to approach the problem.”

An official at the city’s housing department has said its ability to cut checks for home-buying incentive programs also has been affected by the hack.

The ransomware was detected May 7. Hackers locked up files on city computers, demanding a payment to turn over the keys, but officials have said they won’t pay.

The disruption to the computer network has caused widespread problems in city government. City employees do not have access to email, leading some to create private accounts to get work done. The hack has affected the city’s ability to accept payments, and officials have said they are suspending late fees. Several agencies are developing workarounds to continue offering services that typically rely on computers.

Officials have said it could take weeks to restore all the computer systems.

“This is a very unfortunate situation, but other cities have had this exact circumstance happen,” said Cindy Ariosa, treasurer for Bright MLS, the region’s multiple listing service for real estate. “It’s a sign of the times.”

She said a workaround could involve a paper system or a tech-driven solution.

In the meantime, she said, “people will be impacted, but the city is at risk, too. People have to pay thousands in transfer taxes; they pay property taxes; they pay water bills and ground rent.”

Spencer Stephens, corporate counsel for the title company Bay County Settlements Inc., said his firm has a few transactions that are being held up by the ransomware attack.

“If you’re buying and you gave notice at your apartment and you’re planning on moving at the end of May, that timing is in question,” Stephens said. “If you’re a seller, it’s a problem because you want to move to your new house, and you want to get the funds out of our old home and make moving arrangements.”

And the problems with home sales in Baltimore could ripple through the housing industry. Alyssia Essig, a realtor and former president of the Realtors’ board, said that’s because each property sale is like one in a set of dominoes. Each must fall in turn.

“The house that is due to close in Canton is the beginning domino for that person who is buying a home in Towson, and that person is buying a home in New York, and that person is buying a home in Canada,” Essig said.

Clifford Rossi, professor in the University of Maryland Robert H. Smith School of Business and former executive in the financial services industry, said governments need to be better prepared. Hackers know they aren’t, which is why they target them.

“Not just Baltimore City, but most governments don’t run themselves as a business and businesses would have a solid business continuity plan in place,” he said.

“They’d have backup systems, dedicated data warehousing for sensitive information,” he said. “I’m not casting aspersions on these folks … but at the same time continuity plans and redundancy and back-up plans are critical, particularly in this day and age.”

A certain number of people will walk away once the lock-in period in their home purchase contracts expires, he said. That is at least delayed revenue to city coffers and potentially lost revenue, and, he said “another black mark for Baltimore.”

Baltimore Sun reporter Meredith Cohn contributed to this article.

FHFA: New Staff Appointments

Investor Update
May 13, 2019

Source: FHFA

Washington, D.C.
 – The Federal Housing Finance Agency (FHFA) has announced that Clinton Jones, Lynn Fisher and Matt Grinney will join the Agency.  Jones has been named Senior Advisor for Legal Affairs and Policy, Fisher will serve as Senior Advisor for Economics and Grinney will be a Senior Communications and Policy Advisor.

Jones comes to FHFA from Capitol Hill, where he served most recently as Senior Counsel and Staff Leader for Insurance and Housing at the U.S. House of Representatives Financial Services Committee.  He has extensive housing and legal experience including Capitol Hill, the U.S. Department of Housing and Urban Development and Fannie Mae.  An adjunct faculty member at Howard University, Jones is a graduate of the University of North Carolina at Chapel Hill and holds a Juris Doctor from the University of North Carolina School of Law.

Fisher will join the Agency from the American Enterprise Institute, where she is a Resident Scholar and Co-Director of the Housing Center.  Prior to that, she was the Vice President of Research and Economics at the Mortgage Bankers Association and served on the faculty of the University of North Carolina, the Massachusetts Institute of Technology and Washington State University.  Fisher received her Ph.D in Business Administration from Penn State University, where she concentrated in real estate finance and microeconomics.

Grinney has a Communications background that includes Capitol Hill and Executive Branch experience.  Most recently he was the Associate Director of Speechwriting for Vice President Pence.  In that role, he led the development of the Vice President’s speeches on a variety of topics.  Grinney has a Bachelor of Arts degree in Political Science from Emory University, a master’s degree in political theory and international politics from the University of Texas, and is currently pursuing his Master of Business Administration at the University of Virginia’s Darden School of Business.  ​​​

Contacts:

Media: Stefanie Johnson (202) 649-3030 / Corinne Russell (202) 649-3032
Consumers: Consumer Communications or (202) 649-3811

Fannie Mae: Modification Interest Rate Adjustment Update

Investor Update
May 7, 2019

Source: Fannie Mae

The Fannie Mae Modification Interest Rate is subject to periodic adjustments based on an evaluation of prevailing market rates. The servicer must use the current Fannie Mae Modification Interest Rate indicated below when evaluating a borrower for a conventional mortgage loan modification.

NOTE: As a reminder, the interest rate used to determine the final modification terms must be the same fixed interest rate that was used when determining eligibility for the Trial Period Plan and calculating the Trial Period Plan payment.

FEMA Declared Disaster Mississippi

FEMA Alert Update
October 16, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. the action extends the incident period to August 23, 2019.

Mississippi Severe Storms, Straight-line Winds, Tornadoes, And Flooding (DR-4429)

FEMA Daily Ops Amendment Notification (image)

 

FEMA Alert Update
September 20, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. The following counties are eligible for assistance:

Individual Assistance

  • Clay
  • Humphreys
  • Issaquena
  • Lowndes
  • Monroe
  • Sharkey
  • Warren
  • Yazoo

Mississippi Severe Storms, Straight-line Winds, Tornadoes, And Flooding (DR-4429): Amendment 6

FEMA Declared Disaster Mississippi: ZIP Code List

 

FEMA Alert Update
August 22, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. The following counties are eligible for assistance:

Public Assistance

  • Issaquena
  • Sharkey
  • Warren
  • Yazoo

FEMA Release: Declared Disaster Amendment for Mississippi

ZIP Code List for FEMA Declared Disaster for Mississippi

 

FEMA Alert Update
July 26, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. The following county is eligible for assistance:

Public Assistance

  • Humphreys

FEMA Release: Declared Disaster Amendment for Mississippi

ZIP Code List for FEMA Declared Disaster for Mississippi

 

FEMA Alert Update
May 22, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. The following counties are eligible for assistance:

Public Assistance

  • Coahoma
  • Leflore
  • Sunflower
  • Washington

FEMA Release: Declared Disaster Amendment for Mississippi

ZIP Code List for FEMA Declared Disaster for Mississippi

 

FEMA Alert Update
April 30, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. The following counties are eligible for assistance:

Public Assistance

  • Alcorn
  • Carroll
  • Itawamba
  • Lafayette
  • Lee
  • Montgomery
  • Panola
  • Prentiss
  • Quitman
  • Tallahatchie
  • Union
  • Webster
  • Yalobusha

FEMA Release: Declared Disaster Amendment for Mississippi

ZIP Code List for FEMA Declared Disaster for Mississippi

 

FEMA Alert
April 23, 2019

FEMA issued a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, straight-line winds, tornadoes and flooding that took place February 22 to March 29, 2019. . The following counties are eligible for assistance:

Public Assistance

  • Calhoun
  • Chickasaw
  • Clay
  • Grenada
  • Lowndes
  • Pontotoc
  • Tishomingo

FEMA Release: Declared Disaster for Mississippi

ZIP Code List for FEMA Declared Disaster for Mississippi

 

Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Guam

FEMA Alert
May 7, 2019

FEMA issued a Presidential Major Disaster Declaration for areas in the Territory of Guam affected by Typhoon Wutip from February 23-25, 2019. The entire territory is eligible for Public Assistance.

FEMA Release: Declared Disaster for Guam

ZIP Code List for FEMA Declared Disaster for Guam

 

Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

Severe Storms Bring Tornadoes and Flooding to South Central U.S.

Disaster Alert
May 8, 2019

Source: AccuWeather

Additional Resources:

KHOU CBS 11 (400 Homes Reportedly Flooded in Kingwood)

Approximate locations containing tornado structural damage:

Oklahoma

  • Rocky (Washita County, 73661)

Approximate locations containing home flooding:

Texas

  • Kingwood (Harris County, 77325, 77339, 77345, 77346)

NOTE: This is not currently a FEMA Declared Disaster.

Tornadoes, flooding rain, large hail and damaging winds are among the threats as a severe weather outbreak persists across the south-central United States on Wednesday. Potent thunderstorms unleashed baseball-sized hail, flooding rainfall and numerous tornadoes across western portions of Texas and Oklahoma on Tuesday and through the overnight hours as severe conditions jolted the region. Those same weather elements will remain a threat for a large swath of the country Wednesday through Thursday as the explosive atmospheric conditions continue marching across the country.

At least 14 preliminary tornadoes were reported on Tuesday. Law enforcement confirmed that a tornado moved from Howardwick to Alanreed, Texas, which is east of Amarillo.

A dangerous situation unfolded later Tuesday evening as a large tornado tracked from near Hobart to Rocky, Oklahoma. This was confirmed by footage from nearby storm chasers when illuminated by lightning. Damage has been reported in the town of Rocky.

National Weather Service (NWS) offices will conduct storm surveys over the coming days to confirm the number of tornadoes that touched down on Tuesday.

For full report, please click the source link above.