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  • 13 Sep 2012 3:30 PM | Edith Tella (Administrator)

    Below please find Director Cordray’s written testimony before the Senate Committee on Banking, Housing, and Urban Affairs earlier today.

    Regards,

    Bart

    Written Testimony of Richard Cordray

    Director, Consumer Financial Protection Bureau

    United States Senate Committee on Banking, Housing, and Urban Affairs

    Washington, D.C.

    September 13, 2012

    Chairman Johnson, Ranking Member Shelby, and Members of the Committee, thank you for inviting me to testify today about the Semi-Annual Report of the Consumer Financial Protection Bureau.

    Just over one year ago, the Consumer Bureau became the nation’s first federal agency focused solely on protecting consumers in the financial marketplace.  The Semi-Annual Report we are discussing today covers our activities from January 1 through June 30 of this year.

    As the report shows, we have been using all of the tools at our disposal to help protect consumers across this country.  We pledge to continue our work to promote a fair, transparent, and competitive consumer financial marketplace.

    Through our regulatory tools, we have proposed smarter rules that will help fix the broken mortgage market with common-sense solutions.  We are writing rules that simplify mortgage disclosure forms and rules that make sure consumers do not receive mortgages that they do not understand or cannot afford.  Our rules will also bring greater transparency and accountability to mortgage servicing.  And our careful process is that before we propose a rule, a team of attorneys, economists, and market experts evaluates its potential impacts, burdens, and benefits for consumers, providers, and the market.

    Our push for accountability extends beyond mortgage servicing.  We are holding both banks and nonbanks accountable for following the law.  Prior to my appointment, nonbanks had never been federally supervised.  The financial reform law specifically authorized us to supervise nonbanks in the markets of residential mortgages, payday loans, and private student loans.  We also have the authority to supervise the “larger participants” among nonbanks in other consumer finance markets as defined by rule.  So far, we have added credit reporting companies to this group.

    It is important for us to exercise sensible oversight of the consumer finance markets, but it is also important that we empower consumers themselves to make responsible financial decisions.  Our “Know Before You Owe” campaign involves us working to make mortgages, credit cards, and student loans easier to understand.  We also developed “AskCFPB,” an interactive online database with answers to consumers’ frequently asked questions.  We also launched the first-ever database of individual complaints about financial products, starting with credit cards.  Consumers can use the website to review and analyze information and draw their own conclusions about the customer service provided with these financial products.

    We also think it is important to engage directly with consumers so we know more about the struggles and frustrations they encounter in their daily lives.  The Bureau has held numerous field hearings across the country so we can talk face to face with consumers on a variety of topics.  Our website has a feature called “Tell Your Story,” which encourages consumers to share with us their personal stories to help inform our approach in addressing issues in the financial marketplace.  And, perhaps most significantly, we help to resolve consumer disputes with lenders by taking complaints on our website at consumerfinance.gov, as well as by mail, fax, phone, and by referral from other agencies.  As of September 3, we have received 72,297 consumer complaints about credit cards, mortgages, and other financial products and services, and the pace of complaints has been increasing over the past year.

    All of these processes – rulemaking, supervision, enforcement, and consumer engagement – provide us with valuable information about consumer financial markets.  We engage in extensive outreach to large and small institutions, including banks and nonbanks, to gather the best current information as we make policy decisions.  We pride ourselves on being a 21st-century agency whose work is evidence-based.  So we also conduct our own in-depth studies on consumer financial products, such as reverse mortgages and private student loans.  We have issued public requests for information that seek input from consumers, industry, and other stakeholders on issues such as overdraft fees, prepaid cards, and the financial exploitation of seniors.

    The new Consumer Bureau has worked on all of these projects while being fully engaged in start-up activities to build a strong foundation for the future.  The Bureau has worked to create an infrastructure that promotes transparency, accountability, fairness, and service to the public.  Our first year has been busy and full, and this report reflects considerable hard work done by people whom I greatly admire and respect.  They are of the highest caliber and they are deeply dedicated to public service.  We look forward to continuing to fulfill Congress’s vision of an agency that helps all Americans by improving the ways and means of their financial lives. Thank you.

    The semi-annual report can be found online here: http://www.consumerfinance.gov/reports/semi-annual-report/

    ###

    The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit www.ConsumerFinance.gov.

  • 13 Sep 2012 9:12 AM | Edith Tella (Administrator)

    Disparate Impact 

    Update from Capitol Hill

     


    NAMB signs
    joint letter on Reg X and Reg Z. We question the use of an "all-in" APR, request the CFPB simplify its approach to rulemakings, and push for a single version of Regulation Z changes so the industry does not have to navigate through overlapping proposals.

     

    Click Here for more inforamtion

  • 17 Aug 2012 3:11 PM | Edith Tella (Administrator)

    Proposed Rule:

    http://files.consumerfinance.gov/f/201208_cfpb_tila_mlo_compensation_proposed_rule.pdf

     

    How to Submit a Comment:  You can submit a comment by mail or electronically.  Please see the instructions under “Addresses” at the beginning of the proposed rule.  Please note that comments should be identified by Docket No. CFPB-2012-0037 or RIN 3170-AA13

     

    Deadlines for Submitting Comments:  The comment period begins today.  Comments must be received by October 16, 2012 

     

  • 15 Aug 2012 11:36 AM | Edith Tella (Administrator)

    WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would require mortgage lenders to provide home loan applicants with copies of written appraisals and other home value estimates developed in connection with the application. The rule would ensure that consumers receive information prior to closing about how the property’s value was determined.

    “When looking to buy a home or refinance a mortgage, consumers need the best available facts and data,” said CFPB Director Richard Cordray. “This rule would guarantee consumers receive important disclosures on how a lender determines the value of the home, making it easier for loan applicants to make informed decisions.”

    In response to the mortgage crisis, the Dodd-Frank Wall Street Reform and Consumer Protection Act requires that creditors provide mortgage applicants with a copy of written appraisals and home value estimates developed in connection with the application.  Today’s proposed rule would require that creditors inform consumers within three days of applying for a loan of their right to receive a free copy of appraisal reports and home value estimates. Creditors would then be required to provide the reports to consumers as promptly as possible, but in no case later than three days before closing, regardless of whether credit is extended, denied, incomplete or withdrawn.

    Appraisals and other home value estimates are used by creditors to inform lending decisions for most home sales. Consumers are typically charged for the costs related to conducting an appraisal; however, currently consumers must request appraisal reports from creditors and may be charged a fee to obtain the report.  Under the proposed rule, creditors could still charge reasonable fees associated with conducting appraisals and home value estimates; however, the rule would prohibit creditors from charging consumers fees for obtaining the reports. 

    The proposed rule would amend the Equal Credit Opportunity Act (ECOA)’s Regulation B, which require certain disclosures and prohibits lenders from discriminating on the basis of race, national origin, sex, or other protected bases. Under the Dodd-Frank Act, the Bureau is authorized to issue regulations implementing ECOA and supervise compliance with ECOA and Regulation B for certain lenders. 

    The CFPB welcomes comments on the proposed rule. The public will have 60 days, or until October 15, 2012 to review and provide comments on the proposed rule. The CFPB will review and analyze the comments before issuing a final rule in January 2013.

    The CFPB’s proposed rule is available at: http://files.consumerfinance.gov/f/201208_cfpb_ECOA_proposed_rule.pdf 

    A summary of the CFPB’s proposed rule is available at: http://files.consumerfinance.gov/f/201208_cfpb_ECOA_plain_language_summary.pdf

    This is one of several rulemakings governing mortgage practices currently underway at the Bureau in order to implement requirements of the Dodd-Frank Act. Today, in partnership with several other federal regulatory agencies, the Bureau is also issuing a proposed rule to establish special requirements concerning appraisals for higher-risk mortgage loans, which would require creditors to use a licensed or certified appraiser to prepare the written appraisal report based on a physical inspection of the property.

    The interagency proposed rule is available at: http://files.consumerfinance.gov/f/201208_cfpb_HRM_proposed_rule.pdf

    A summary of the interagency proposed rule is available at: http://files.consumerfinance.gov/f/201208_cfpb_HRM_plain_language_summary.pdf

    ###

    The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit www.ConsumerFinance.gov.

     

  • 15 Aug 2012 3:16 AM | Edith Tella (Administrator)

    On June 15, 2012, World Elder Abuse Awareness Day, Director Cordray announced a Request for Information (RFI) to learn more from the public about the growing issue of financial exploitation of older Americans and best practices for elder financial management. A recent study suggests elder financial abuse cost seniors more than $2.9 billion in 2010, a 12 percent increase from 2008.

     

    The goals of the RFI are:

    • •1.      To help us understand the senior financial advisor market so we can improve protections for older Americans.
    • •2.      To help make the work of the office for Older Americans more effective.

     

    Read and respond to the RFI:

    http://www.regulations.gov/#!documentDetail;D=CFPB-2012-0018-0001

     

    The RFI poses the following questions:

    • •·        How seniors can best determine the legitimacy of the credentials of financial planners and advisors.
    • •·        What financial education, counseling, or management programs are tailored to the needs of older Americans, their families, and their caregivers.
    • •·        Asks for information about power of attorney and guardian abuse, affinity frauds, and the exploitation of older veterans.

    Please share what you are seeing and experiencing.

     

    The information you provide us will help us better understand the issues of elder financial abuse and other forms of exploitation.

     

    Thank you,

    Skip Humphrey

    Assistant Director for Older Americans

    The Consumer Financial Protection Bureau

    P.S. -- For more information on the Office for Older Americans and to read our blog, go to http://www.consumerfinance.gov/older-americans/

     

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