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This Week in Washington

CFPB updates financial recovery tool for felons

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This Week in Washington
Thursday, August 26, 2021
There are an estimated 70 million to 100 million people in the United States with criminal records. Many now being released from incarceration confront additional barriers as they reenter “outside” life during the COVID-19 pandemic.

“Many of these barriers for people seeking their second chance include securing safe housing and employment, as well as financial challenges that persist for individuals and their families long after incarceration, including access to the banking system,” Consumer Financial Protection Bureau (CFPB) Office of Community Affairs Senior Advisor Mary Griffin said in a news release. “These challenges exacerbate and reinforce racial disparities in accessing financial products as Black and Hispanic people are disproportionately represented in the criminal justice system.”

Continuing its efforts to financially empower criminal justice-involved consumers and their families, the CFPB is releasing a revised Focus on Reentry: Criminal Justice guide as part of its Your Money, Your Goals financial empowerment resources. The guide is designed to help frontline staff address the unique financial challenges of individuals involved in the criminal justice system.

The resource is available both online, in downloadable, auto-fillable and auto-calculable format, and in print. The CFPB also has colorful, compact booklets that focus on the common financial stressors with simplified tools from the Your Money, Your Goals toolkit and are available in a format accessible to correctional facilities.

“The CFPB revised the guide for staff working with individuals in jails and prisons, pretrial diversion programs like drug court, community reentry groups, and other social services groups,” Griffin added. “Over the past few years, we’ve heard from on-the-ground partners about the many financial struggles justice-involved people face both inside correctional facilities and when they return to their families and communities, including identity theft, criminal justice-related and consumer debt, and inaccuracies in credit and background reports.”

The Focus on Reentry guide can help people understand and access financial products and services that best support their needs while incarcerated or when they return to their families and communities, including how to:

  • Prepare their finances for incarceration, such as getting a credit freeze, securing a power of attorney, or managing debt while incarcerated.
  • Obtain identification documents such as social security cards to help ease the transition process.
  • Identify and prioritize payments for both criminal justice-related debt and consumer debt.
  • Choose a bank or credit union account and/or prepaid card.
  • Calculate their take home salary after deductions, particularly for those getting a paycheck for the first time.
  • Access credit reports, including inside correctional facilities, and monitor and address identity theft.
  • Understand the background screening process and individual rights when applying for jobs.
  •  

“People living with criminal records have unique, and often significant, financial challenges,” Griffin said. “This guide will better equip them to understand and take control over their financial lives.”

Today's other top stories
Borrower claims several servicers violated RESPA concerning her loan modification
Housing Affordability Act would raise FHA loan limit
House committee votes to slash CFPB funding
HUD provides $1.8M to support housing for those aging out of foster care
Mortgage credit availability plateaus


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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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