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The CFPB has issued its final rule modifying and significantly expanding the data collection reporting requirements under the Home Mortgage Disclosure Act (“HMDA”). Adopted in 1975, HMDA requires certain lenders to report information about home loans for which they receive applications, or originate or purchase. The Dodd-Frank Act provides the CFPB with authority and direction to expand the data reported under HMDA. The CFPB along with the Department of Justice use HMDA data to help identify redlining and other fair lending violations. The new rule is lengthy (approximately 800 pages). Here is a very cursory review:
Data Fields Significantly Expand
The finalized rule significantly expands the data fields required by HMDA, exceeding the data fields required by the Dodd-Frank Act. The final rule includes twenty-five new data fields, including age, credit score, total loan costs or total points and fees, interest rates, loan term, mortgage loan originator identity and property value. The rule additionally modifies several existing data fields. The new data collection rules take effect in 2018.
Scope of Institutions Covered Decreases
The final rules narrow the number of depository institutions subject to the reporting requirements. Beginning in 2018, institutions will only be required to report HMDA data if they originated a minimum of 25 covered closed-end mortgage loans or at least 100 covered open end lines of credit in each of the two preceding calendar years that satisfy the location requirements (providing loans in identified metropolitan statistical areas (“MSA”)). The CFPB estimates that the new threshold will reduce the number of banks and credit unions reporting by 22%.
Frequency and Manner of Reporting
Additionally, the final rule will require quarterly reporting beginning in 2020 for lenders reporting a combined total of 60,000 applications and covered loans in the preceding year. The CFPB also announced that they are developing a new web-based submission tool for reporting HMDA data.
As these changes have been in the works for over a year, they should not catch anyone by surprise. The good news is that the rule’s implementation will be gradual over the next few years. However, banks and credit unions should immediately:
Caren Enloe is a partner who concentrates her practice in consumer financial services litigation and compliance, bankruptcy, and commercial litigation with an emphasis on creditor’s rights. She has a deep understanding of the complex compliance environment surrounding the financial services industry and regularly advises financial service companies on licensing and compliance issues involving state and federal consumer protection and finance statutes. Caren is the author of a daily blog titled: Consumer Financial Services Litigation and Compliance where she posts timely and informative updates regarding the CFPB, FTC, and a host of topical litigation issues involving consumer protection law....LEARN MORE