[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44350-44354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17076]



[[Page 44349]]

Vol. 78

Tuesday,

No. 141

July 23, 2013

Part XXI





Bureau of Consumer Financial Protection





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78 , No. 141 / Tuesday, July 23, 2013 / 
Unified Agenda  

[[Page 44350]]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Ch. X


Semiannual Regulatory Agenda

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Bureau of Consumer Financial Protection (CFPB) is 
publishing this agenda as part of the Spring 2013 Unified Agenda of 
Federal Regulatory and Deregulatory Actions. The CFPB reasonably 
anticipates having the regulatory matters identified below under 
consideration during the period from May 1, 2013, to May 1, 2014. The 
next agenda will be published in the fall of 2013 and will update this 
agenda through the fall of 2014. Publication of this agenda is in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

DATES: This information is current as of May 10, 2013.

ADDRESSES: Bureau of Consumer Financial Protection, 1700 G Street NW., 
Washington, DC 20552.

FOR FURTHER INFORMATION CONTACT: A staff contact is included for each 
regulatory item listed herein.

SUPPLEMENTARY INFORMATION: The CFPB is publishing its spring 2013 
agenda as part of the Spring 2013 Unified Agenda of Federal Regulatory 
and Deregulatory Actions, which is coordinated by the Office of 
Management and Budget under Executive Order 12866. The CFPB's 
participation in the Unified Agenda is voluntary. The complete Unified 
Agenda will be available to the public at the following Web site: 
http://www.reginfo.gov.
    Pursuant to the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Pub. L. 111-203, 124 Stat. 1376) (Dodd-Frank Act), the 
CFPB has rulemaking, supervisory, enforcement, and other authorities 
relating to consumer financial products and services. These authorities 
include the ability to issue regulations under more than a dozen 
Federal consumer financial laws, which transferred to the CFPB from 
seven Federal agencies on July 21, 2011. The CFPB is working on a wide 
range of initiatives to address issues in markets for consumer 
financial products and services that are not reflected in this notice 
because the Unified Agenda is limited to rulemaking activities.
    The CFPB reasonably anticipates having the regulatory matters 
identified below under consideration during the period from May 1, 
2013, to May 1, 2014.\1\ First, the CFPB is continuing to follow up on 
a number of mortgage-related rules that it issued in January 2013, to 
implement various changes made under title XIV of the Dodd-Frank Act to 
strengthen consumer protections involving the origination and servicing 
of mortgages. Specifically, the CFPB issued a concurrent proposal in 
January to make certain adjustments to the rules implementing ability-
to-repay requirements and qualified mortgage provisions under 
Regulation Z (Truth in Lending), which the CFPB intends to complete in 
spring 2013. The Bureau is also working with other agencies on a 
possible supplemental proposed rule amending the interagency final rule 
issued in January 2013 on appraisal requirements for higher-risk 
mortgages. The CFPB has also committed to issue clarifications as 
needed to facilitate the implementation process on the title XIV rules. 
To date it has proposed two rules providing clarifying and technical 
amendments to certain of the January final mortgage rules, as well as a 
proposed rule seeking comment on whether to extend the effective date 
of a regulatory provision concerning the financing of credit insurance 
pending the issuance of additional clarifications to address 
interpretive issues under the statute and regulation. The Bureau 
anticipates issuing additional clarification proposals and final rules 
as needed on a rolling basis throughout 2013.
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    \1\ The listing does not include certain routine, frequent, or 
administrative matters. Further, certain of the information fields 
for the listing are not applicable to independent regulatory 
agencies, including the CFPB, and, accordingly, the CFPB has 
indicated responses of ``no'' for such fields.
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    Beyond the January final mortgage rules, the CFPB continues to work 
on rulemakings implementing other changes under the Dodd-Frank Act, 
including a final rule combining certain disclosures that consumers 
receive in connection with applying for and closing on a mortgage loan 
under the Truth in Lending Act and the Real Estate Settlement 
Procedures Act and beginning work to implement amendments to the Home 
Mortgage Disclosure Act. The CFPB is also assessing timelines for the 
issuance of additional Dodd-Frank Act related rulemakings and 
rulemakings inherited by the CFPB from other agencies as part of the 
transfer of authorities under the Dodd-Frank Act.
    As noted in the CFPB's Fall 2012 Statement of Regulatory 
Priorities, the Bureau has been conducting outreach and research to 
assess issues in various other markets for consumer financial products 
and services through a variety of means including reports, requests for 
information, and an advance notice of proposed rulemaking on general 
purpose reloadable prepaid cards. The Bureau is continuing this 
research and analysis in spring 2013, for instance by issuing white 
papers on payday loans and deposit advance products, student loan 
affordability, and bank overdraft programs. The CFPB is currently 
actively engaged in assessing possible policy responses to the work it 
has conducted to date, including possible additional rulemaking 
actions. In making this assessment, the CFPB is taking into account the 
critical need for and effectiveness of various policy tools.
    The CFPB expects to issue a notice of proposed rulemaking on 
prepaid cards within the next year. It is also considering whether to 
begin rulemaking processes to follow up on issues that have been 
identified in connection with payday loans and deposit advance products 
and debt collection, which is the focus of more consumer complaints to 
the Federal Government than any other industry. The Bureau will update 
its regulatory agenda in the fall of 2013 to reflect the results of 
further prioritization and planning.

    Dated: May 14, 2013.
Meredith Fuchs,
General Counsel, Bureau of Consumer Financial Protection.

           Consumer Financial Protection Bureau--Prerule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
294.......................  Home Mortgage Disclosure           3170-AA10
                             Act (Regulation C).
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[[Page 44351]]


         Consumer Financial Protection Bureau--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
295.......................  Integrated Mortgage                3170-AA19
                             Disclosures Under the
                             Real Estate Settlement
                             Procedures Act
                             (Regulation X) and the
                             Truth in Lending Act
                             (Regulation Z).
296.......................  The Expedited Funds                3170-AA31
                             Availability Act
                             (Regulation CC).
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         Consumer Financial Protection Bureau--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
297.......................  Business Lending Data              3170-AA09
                             (Regulation B).
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         Consumer Financial Protection Bureau--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
298.......................  Loan Originator                    3170-AA13
                             Compensation Requirements
                             Under the Truth in
                             Lending Act (Regulation
                             Z).
299.......................  Mortgage Servicing Rules           3170-AA14
                             Under the Real Estate
                             Settlement Procedures Act
                             (Regulation X); Mortgage
                             Servicing Rules Under the
                             Truth in Lending Act
                             (Regulation Z).
300.......................  Escrow Requirements Under          3170-AA16
                             the Truth in Lending Act
                             (Regulation Z).
301.......................  Ability-to-Repay and               3170-AA17
                             Qualified Mortgage
                             Standards Under the Truth
                             in Lending Act
                             (Regulation Z).
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CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Prerule Stage

294. Home Mortgage Disclosure Act (Regulation C)

    Legal Authority: 12 U.S.C. 2801 to 2810
    Abstract: Section 1094 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) amends the Home Mortgage 
Disclosure Act (HMDA), which requires certain financial institutions to 
collect and report information in connection with housing-related loans 
and applications they receive for such loans. The amendments made by 
the Dodd-Frank Act expand the scope of information relating to mortgage 
applications and loans that must be compiled, maintained, and reported 
under HMDA, including the ages of loan applicants and mortgagors, 
information relating to the points and fees payable at origination, the 
difference between the annual percentage rate associated with the loan 
and benchmark rates for all loans, the term of any prepayment penalty, 
the value of real property to be pledged as collateral, the term of the 
loan and of any introductory interest rate for the loan, the presence 
of contract terms allowing nonamortizing payments, the origination 
channel, and the credit scores of applicants and mortgagors. The Dodd-
Frank Act also provides authority for the CFPB to require other 
information, including identifiers for loans, parcels, and loan 
originators. The CFPB expects to begin developing proposed regulations 
concerning the data to be collected and appropriate format, procedures, 
information safeguards, and privacy protections for information 
compiled and reported under HMDA. The CFPB may consider additional 
revisions to its regulations to accomplish the purposes of HMDA.
    Timetable:

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               Action                    Date            FR Cite
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Prerule Activities..................   09/00/13  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Joan Kayagil, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA10

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Final Rule Stage

295. Integrated Mortgage Disclosures Under the Real Estate Settlement 
Procedures Act (Regulation X) and the Truth in Lending Act (Regulation 
Z)

    Legal Authority: 12 U.S.C. 2617; 12 U.S.C. 3806; 15 U.S.C. 1604; 15 
U.S.C. 1637(c)(5); 15 U.S.C. 1639(l); 12 U.S.C. 5532
    Abstract: Sections 1032(f), 1098, and 1100A of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Dodd-Frank Act) direct the 
CFPB to issue proposed rules and forms that combine certain disclosures 
that consumers receive in connection with a mortgage loan under the 
Truth in Lending Act and the Real Estate Settlement Procedures Act. 
Consistent with this requirement, the CFPB has proposed to amend 
Regulation X (Real Estate Settlement Procedures Act) and Regulation Z 
(Truth in Lending) to establish new disclosure requirements and forms 
in Regulation Z for most closed-end consumer credit transactions 
secured by real property. In addition to combining the existing 
disclosure requirements and implementing new requirements in the Dodd-
Frank Act, the CFPB's proposed rule provides extensive guidance 
regarding compliance with those requirements. The proposal had two 
comment periods. Comments on the proposed revisions to the definition 
of the finance charge and the proposed compliance date for the new 
Dodd-Frank Act disclosures were due September 7, 2012. Comments on all 
other aspects of the proposal were due November 6, 2012. On September 
6, 2012, the CFPB issued a notice extending the comment period to 
November 6, 2012, for the proposed revisions to the definition of the 
finance charge. The CFPB is working to issue a final rule. The CFPB 
issued the final rule to implement the compliance dates for the new 
Dodd-Frank Act disclosures that were proposed in this proposal in a 
separate rulemaking, as noted elsewhere in this regulatory agenda (see 
RIN 3170-AA32).
    Timetable:

[[Page 44352]]



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               Action                    Date            FR Cite
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NPRM................................   08/23/12  77 FR 51116
NPRM Comment Period Extended........   09/06/12  77 FR 54843
NPRM Comment Period End.............   11/06/12  .......................
Final Rule..........................   10/00/13  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Richard Horn, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA19

296. The Expedited Funds Availability Act (Regulation CC)

    Legal Authority: 12 U.S.C. 4001 et seq.
    Abstract: The Expedited Funds Availability Act (EFA Act), 
implemented by Regulation CC, governs availability of funds after a 
check deposit and check collection and return processes. Section 1086 
of the Dodd-Frank Wall Street Reform and Consumer Protection Act 
amended the EFA Act to provide the CFPB with joint rulemaking authority 
with the Board of Governors of the Federal Reserve System (Board) over 
certain consumer-related EFA Act provisions. The Board proposed 
amendments to Regulation CC in March 2011, to facilitate the banking 
industry's ongoing transition to fully-electronic interbank check 
collection and return. The Board's proposal includes some provisions 
that are subject to the CFPB's joint rulemaking authority, including 
the period for funds availability and revising model form disclosures. 
The CFPB will work with the Board to jointly issue a final rule that 
includes provisions within the CFPB's authority.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   03/25/11  76 FR 16862
NPRM Comment Period End.............   06/03/11  .......................
Final Rule..........................   12/00/13  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephen Shin, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700
    RIN: 3170-AA31

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Long-Term Actions

297. Business Lending Data (Regulation B)

    Legal Authority: 15 U.S.C. 1691c-2
    Abstract: Section 1071 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) amends the Equal Credit 
Opportunity Act (ECOA) to require financial institutions to report 
information concerning credit applications made by women- or minority-
owned businesses and small businesses. The amendments made by the Dodd-
Frank Act require that certain data be collected and maintained under 
ECOA, including the number and date the application was received; the 
type and purpose of loan applied for; the amount of credit applied for 
and approved; the type of action taken with regard to each application 
and the date of such action; the census tract of the principal place of 
business; the gross annual revenue; and the race, sex, and ethnicity of 
the principal owners of the business. The CFPB expects to begin 
developing proposed regulations concerning the data to be collected and 
appropriate procedures, information safeguards, and privacy protections 
for information-gathering under this section.
    Timetable:

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               Action                    Date            FR Cite
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CFPB Expects Further Action.........           To Be Determined
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles Honig, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA09

CONSUMER FINANCIAL PROTECTION BUREAU (CFPB)

Completed Actions

298. Loan Originator Compensation Requirements Under the Truth in 
Lending Act (Regulation Z)

    Legal Authority: 12 U.S.C. 5512; 12 U.S.C. 5581; 15 U.S.C. 1601 et 
seq.
    Abstract: The CFPB published for public comment in August 2012 a 
proposed rule amending Regulation Z (Truth in Lending) to implement 
amendments to the Truth in Lending Act (TILA) made by the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). On 
January 20, 2013 the CFPB issued a final rule which was published in 
Federal Register on February 15, 2013. The final rule implements 
requirements and restrictions imposed by the Dodd-Frank Act concerning 
loan originator compensation; qualifications of, and registration or 
licensing of loan originators; compliance procedures for depository 
institutions; mandatory arbitration; and the financing of single-
premium credit insurance. The final rule revises or provides additional 
commentary on Regulation Z's restrictions on loan originator 
compensation, including application of these restrictions to 
prohibitions on dual compensation and compensation based on a term of a 
transaction or a proxy for a term of a transaction, and to 
recordkeeping requirements. The final rule also establishes tests for 
when loan originators can be compensated through certain profits-based 
compensation arrangements. At this time, the CFPB is not prohibiting 
payments to and receipt of payments by loan originators when a consumer 
pays upfront points or fees in the mortgage transaction. Instead the 
CFPB will first study how points and fees function in the market and 
the impact of this and other mortgage-related rulemakings on consumers' 
understanding of and choices with respect to points and fees. The final 
rule is designed primarily to protect consumers by reducing incentives 
for loan originators to steer consumers into loans with particular 
terms and by ensuring that loan originators are adequately qualified. 
The CFPB will issue at a later time proposed regulations on anti-
steering provisions that TILA section 129B(c)(3) requires the CFPB to 
adopt.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   09/07/12  77 FR 55272
NPRM Comment Period End.............   10/16/12  .......................
Final Rule..........................   02/15/13  78 FR 11280
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Charles Honig, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700
    RIN: 3170-AA13

299. Mortgage Servicing Rules Under the Real Estate Settlement 
Procedures Act (Regulation X); Mortgage Servicing Rules Under the Truth 
in Lending Act (Regulation Z)

    Legal Authority: 12 U.S.C. 2601 et seq.; 12 U.S.C. 5512; 12 U.S.C. 
5581; 12 U.S.C. 5582; 12 U.S.C. 1602; 12 U.S.C. 1638; 15 U.S.C. 1638a; 
15 U.S.C. 1639f; 15 U.S.C. 1639g
    Abstract: The CFPB published a proposed rule to amend Regulation Z, 
which implements the Truth in Lending Act (TILA), and the official 
interpretation of the regulation. The

[[Page 44353]]

proposed amendments addressed the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (the Dodd-Frank Act) provisions regarding 
mortgage loan servicing. Specifically, the proposed amendments address 
Dodd Frank Act sections relating to initial rate adjustment notices for 
adjustable-rate mortgages (ARMs), periodic statements for residential 
mortgage loans, and prompt crediting of mortgage payments and response 
to requests for payoff amounts. The proposed revisions also addressed 
current rules governing the scope, timing, content, and format of 
current disclosures to consumers occasioned by interest rate 
adjustments of their variable-rate transactions.
    The CFPB also published a proposed rule to amend Regulation X, 
which implements the Real Estate Settlement Procedures Act of 1974 
(RESPA) and add a supplement setting forth an official interpretation 
of the regulation. The proposed amendments addressed the Dodd-Frank Act 
provisions regarding mortgage loan servicing. Specifically, the 
proposed amendments addressed six servicer obligations: (1) To correct 
errors asserted, and provide information requested, by mortgage loan 
borrowers; (2) to provide protections to mortgage loan borrowers in 
connection with force-placed insurance; (3) to establish general 
servicing policies, procedures and requirements; (4) to provide 
information about mortgage loss mitigation options and foreclosure to 
delinquent borrowers; (5) to establish policies and procedures 
reasonably designed to provide delinquent borrowers with continuity of 
contact with servicer personnel capable of performing certain 
functions; and (6) to evaluate borrowers' applications for available 
loss mitigation options. The proposed amendments also addressed 
modifying and streamlining certain existing general and servicing-
related provisions of Regulation X. The CFPB issued final rules 
amending Regulation Z and Regulation X on January 17, 2013 (published 
in the Federal Register on February 14, 2013).
    Timetable:

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               Action                    Date            FR Cite
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NPRM (Regulation X).................   09/17/12  77 FR 57200
NPRM (Regulation Z).................   09/17/12  77 FR 57318
NPRM Comment Period End.............   10/09/12  .......................
Final Rule (Regulation X)...........   02/14/13  78 FR 10696
Final Rule (Regulation Z)...........   02/14/13  78 FR 10902
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Paul Mondor, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA14

300. Escrow Requirements Under the Truth in Lending Act (Regulation Z)

    Legal Authority: 12 U.S.C. 5512; 12 U.S.C. 5581; 15 U.S.C. 1601; 15 
U.S.C. 1604; 15 U.S.C. 1639
    Abstract: The Board of Governors of the Federal Reserve System 
(Board) published in the Federal Register on March 2, 2011, a proposed 
rule to implement certain amendments to the Truth in Lending Act (TILA) 
made by the Dodd-Frank Wall Street Reform and Consumer Protection Act 
(Dodd-Frank Act) that lengthen the time for which a mandatory escrow 
account established for a higher-priced mortgage loan must be 
maintained. In addition, the Board's proposal included provisions to 
implement the Dodd-Frank Act's disclosure requirements regarding escrow 
accounts. The Board's proposal also included provisions to exempt 
certain loans from the statute's escrow requirement, pursuant to 
authority in the Dodd-Frank Act. The primary exemption in the proposal 
applied to mortgage loans extended by creditors that operate 
predominantly in rural or underserved areas and meet certain other 
prerequisites. Pursuant to the Dodd-Frank Act, the rulemaking authority 
for the TlLA generally transferred from the Board to the CFPB on July 
21, 2011. The CFPB issued a final rule on January 10, 2013, which was 
published in the Federal Register on January 22, 2010. The CFPB, in a 
separate rulemaking (see RIN 3170-AA32), issued a final rule postponing 
the implementation of the Dodd-Frank Act disclosure requirements 
regarding escrow accounts.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   03/02/11  76 FR 11598
NPRM Comment Period End.............   05/02/11  .......................
Final Rule..........................   01/22/13  78 FR 4726
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Paul Mondor, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA16

301. Ability-To-Repay and Qualified Mortgage Standards Under the Truth 
in Lending Act (Regulation Z)

    Legal Authority: 12 U.S.C. 5512; 12 U.S.C. 1604; 15 U.S.C. 1639c
    Abstract: The Board of Governors of the Federal Reserve System 
(Board) published for public comment on May 11, 2011, a proposed rule 
amending Regulation Z to implement amendments to the Truth in Lending 
Act (TILA) made by the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Dodd-Frank Act). Regulation Z currently prohibits a 
creditor from making a higher-priced mortgage loan without regard to 
the consumer's ability to repay the loan. The proposal would implement 
statutory changes made by the Dodd-Frank Act that expand the scope of 
the ability-to-repay requirement to cover any consumer credit 
transaction secured by a dwelling (excluding an open-end credit plan, 
timeshare plan, reverse mortgage, or temporary loan). In addition, the 
proposal would establish presumptions of compliance with the ability-
to-repay requirement, including by making a ``qualified mortgage.'' The 
proposal also implements the Dodd-Frank Act's limits on prepayment 
penalties. Finally, the proposal would require creditors to retain 
evidence of compliance with this rule for three years after a loan is 
consummated. Pursuant to the Dodd-Frank Act, the rulemaking authority 
for the TILA generally transferred from the Board to the CFPB on July 
21, 2011. On June 5, 2012, the CFPB issued a notice to reopen the 
comment period until July 9, 2012, to seek comment on certain new data 
and information submitted during or obtained after the close of the 
original comment period. On January 10, 2013,the CFPB issued a final 
rule (published in the Federal Register on January 30, 2013) 
implementing amendments to Regulation Z, including the ability-to-repay 
requirements and ``qualified mortgage'' provisions. On January 10, 
2013, the CFPB also issued a concurrent proposal to seek public comment 
on certain revisions to the final rule, including certain exemptions 
from the ability-to-repay requirements and a definition of ``qualified 
mortgage'' for certain small creditor portfolio loans (published in the 
Federal Register on January 30, 2013). The CFPB has issued a final rule 
(See RIN 3170-AA34).
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   05/11/11  76 FR 27390
NPRM Comment Period End.............   07/22/11  .......................

[[Page 44354]]

 
Supplemental Notice to Reopen          06/05/12  77 FR 33120
 Comment Period.
Supplemental Notice Comment Period     07/09/12  .......................
 End.
Final Rule..........................   01/30/13  78 FR 6408
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephen Shin, Office of Regulations, Consumer 
Financial Protection Bureau, Phone: 202 435-7700.
    RIN: 3170-AA17

[FR Doc. 2013-17076 Filed 7-22-13; 8:45 am]
BILLING CODE 4810-AM-P