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This Week in Washington

Waters applauds court’s decision on CFPB’s small-business lending rule

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This Week in Washington
Monday, September 9, 2024

Rep. Maxine Waters (D-Calif.) offered words of support to a federal district court in Texas that held the Consumer Financial Protection Bureau’s (CFPB) final rule related to collecting data points on small businesses was properly promulgated under the Administrative Procedures Act (APA).

The case, Texas Bankers Association v. CFPB, challenged the collection requirements put in place by a rule the bureau was required to enact per Section 1071 of the Dodd-Frank Act and a court order. The Texas district court handling the Texas Bankers Association’s (TBA’s) case had put a stay on the matter until the U.S. Supreme Court ruled on the constitutionality of the bureau’s funding structure, one of the TBA’s main arguments.

Once the Supreme Court confirmed the CFPB’s constitutionality, the stay was lifted, and the Texas court found the CFPB had engaged in proper rulemaking procedures.

Waters said she applauded the federal judge for this decision.

“After relentless attacks from our nation’s biggest banks and Republicans in Congress, the judge rejected myriad of their baseless claims and ruled that the CFPB, under the leadership of Director Rohit Chopra, acted appropriately in promoting transparency and fair lending practices to protect the tens of thousands of minority-, women-, and LGBTQ+ owned small businesses who represent the backbone of our nation’s economy, but are disproportionately denied access to loans or subjected to steeper interest rates,” Waters said. “The CFPB’s rule is a critical attempt to turn the tide on these disparities by enhancing transparency in a way that will promote competition and help small businesses, but there is more work to do.

“If my Republican colleagues care about supporting small businesses like they claim they do, I urge them to put an end to the attacks and advance legislation like my bill, the ‘Promoting and Advancing Communities of Color Through Inclusive Lending Act,’ which builds on bipartisan work during the pandemic to provide further support to community development financial institutions (CDFIs), minority depository institutions, and the small businesses they serve,” she added. “My bill would, among other things, create a new grant program to support CDFIs that help young entrepreneurs get the capital they need to start a business of their own and thrive. So, I urge my Republican colleagues to work with Democrats to advance legislative measures like mine to ensure small businesses in rural, suburban, and urban communities can continue to contribute to our economy, helping all of our communities prosper.”

Waters wasn’t the only one who supported the court’s opinion. National Community Reinvestment Coalition President and CEO Jesse Van Tol also welcomed the ruling.

“It’s always a good day when common sense and clear law prevail over the frivolity, greed and cynicism of corporate lobbyists,” Van Tol said. “Next up: The bank lobby’s equally absurd and dishonest attempt to trick courts into derailing the Community Reinvestment Act. That selfish and dishonest attempt to sabotage economic growth in marginalized communities should meet the same fate as this failed attack on basic fairness in small-business lending.”

For an in-depth look into the court opinion, check out our sister publication, Dodd Frank Update.

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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