CFPB Proposes Changes to HMDA Rules

The CFPB (Bureau), May 2, 2019, issued a Notice of Proposed Rulemaking (NPRM), which proposes to raise the coverage thresholds for collecting and reporting data about closed-end mortgage loans and open-end lines of credit under the Home Mortgage Disclosure Act (HMDA) rules. The NPRM would provide relief to smaller lenders from HMDA’s data reporting requirements, and would clarify partial exemptions from certain HMDA requirements that Congress added in the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). The Bureau today also issued an Advance Notice of Proposed Rulemaking (ANPR) seeking information on the costs and benefits of reporting certain data points under HMDA.

“Today’s proposed changes would provide much needed relief to smaller community banks and credit unions while still providing federal regulators and other stakeholders with the information we need under the Home Mortgage Disclosure Act,” said CFPB Director Kathleen L. Kraninger. “The public is encouraged to submit their comments on the proposals, which will be considered by the Bureau before the next step is taken.”

HMDA

The Dodd-Frank Act transferred HMDA rulemaking authority from the Federal Reserve Board to the Bureau. HMDA and its implementing rules require many financial institutions to maintain, report, and publicly disclose loan-level information about mortgages. These data help show whether lenders are serving the housing needs of their communities; they give public officials information that helps them make decisions and policies; and they shed light on lending patterns that could be discriminatory. On behalf of the federal HMDA reporting agencies and the Federal Financial Institutions Examination Council (FFIEC), the Bureau processes that data and makes data products available to the general public.

NPRM

For closed-end mortgage loans, the NPRM proposes two alternatives that would permanently increase the coverage threshold from 25 to either 50 or 100 closed-end mortgage loans. For open-end lines of credit, the NPRM would extend for another two years the current temporary coverage threshold of 500 open-end lines of credit. Once that temporary extension expires, the NPRM would set the open-end threshold permanently at 200 open-end lines of credit.

ANPR

The ANPR solicits comments about the costs and benefits of collecting and reporting the data points the 2015 HMDA Rule added to Regulation C and certain preexisting data points that the 2015 HMDA Rule revised. The ANPR also seeks comments about the costs and benefits of requiring that institutions report certain commercial-purpose loans made to a non-natural person and secured by a multifamily dwelling.

The public is invited to submit written comments on these proposed regulation changes, which will be carefully considered before a final rule is issued.

The NPRM is available at: https://files.consumerfinance.gov/f/documents/cfpb_nprm-hmda-regulation-c.pdf

The ANPR is available at: https://files.consumerfinance.gov/f/documents/cfpb_anpr_home-mortgage-disclosure-regulation-c-data-points-and-coverage.pdf

Supporting materials are available at: https://www.consumerfinance.gov/policy-compliance/guidance/hmda-implementation/

No Author Biography has been linked to this Article.

Related Articles

July 26, 2020
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...
Members
March 15, 2020
By Jen Grondahl Lee, Jen Lee Law, Inc. (San Ramon, CA) When is a collected fee not a collected fee? When the statutes authorizing payment to the standing Chapter 13 trustee do not provide clear guidance on when that fee is paid and/or earned. The most recent case on this issue is In re Evans (Bankr. Idaho 2020).1 In a...
Members
January 26, 2020
By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...
Members
January 20, 2019
On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...
Members
January 12, 2020
By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 of 3 C. Determining whether to file. Collection considerations outside of bankruptcy. Is the debtor judgment-proof? Are assets and income exempt? How active are creditors? Is the current situation likely to change? Has there been a previous filing, and if so, are there stay or exhausted...
Members
February 3, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3
Members
September 8, 2019
By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee (Charlottesville, VA) In Hurlburt v. Black,1 the en banc Fourth Circuit Court of Appeals overturned its prior decision in Witt,2 and held that Bankruptcy Code § 1322(c)(2) authorizes modification of some home mortgage loans through bifurcation and cram down. This enables debtors to cram down home mortgage...
Members
April 18, 2021
Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX B Side-by-Side Comparison of 11 U.S.C. § 1328(b)-(i) and 11 U.S.C. § 1141(d)(5)(B)-(C) 11 U.S.C. § 1328(b)-(i) Discharge 11 U.S.C. § 1141(d)(5)(B)-(C) Effect of Confirmation (b) Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge ....
Members
August 2, 2020
By The Honorable William Houston Brown (Retired) Marijuana connection required case dismissal. The Chapter 13 debtors owned interests in an entity that was engaged in litigation to recover damages for breach of contract related to growing and selling marijuana, and this connection required dismissal of the case. Continuing administration of the case “would likely require the trustee or the court...
Members
Copy of Hildebrand-2016
December 5, 2021
Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal. (Waites) In re Brittany Frances Minogue, 2021 WL 4453589 (Bankr. D. S.C. September 29, 2021) Summary Brittany Minogue filed a voluntary petition under Chapter 13...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: