Final Regulation Summaries

On December 28, 2020, the National Credit Union Administration (NCUA) issued a final rule adopting minor changes to how operating fees are charged to federal credit unions (FCUs). The current principles-based Overhead Transfer Rate (OTR) methodology remains unchanged.

On December 29, 2020, the Bureau of Consumer Financial Protection (Bureau or CFPB) published a final rule creating the definition of a seasoned qualified mortgage (QM) under the Truth in Lending Act (TILA).

On December 29, 2020, the Bureau of Consumer Financial Protection (Bureau or CFPB) published a final rule amending the definition of a general qualified mortgage (QM) under the Truth in Lending Act (TILA).

On December 22, 2020, the National Credit Union Administration (NCUA) published an extension of a temporary final rule modifying certain regulatory requirements to help ensure that federally insured credit unions (FICUs) remain operational and liquid during the pandemic. The temporary final rule now expires on December 31, 2021.

On October 29, 2020, the Consumer Financial Protection Bureau (Bureau or CFPB) issued a final rule regarding the standards and processes which relate to the confidential treatment of information obtained from financial institutions in connection with agency’s exercise of supervisory and enforcement authorities under federal consumer financial law.

On October 30, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule to amend Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA).

On October 26, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published a final rule and official interpretation regarding the sunset date of the Temporary Government-Sponsored Enterprise (GSE) Qualified Mortgage (QM) (Temporary GSE QM or “GSE Patch”) under the Truth in Lending Act (TILA).

On September 3, 2020, the Department of Housing and Urban Development (HUD) issued a final rule to amend its interpretation of the Fair Housing Act's disparate impact standard to better reflect the Supreme Court's 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. The new rule adopts more comprehensive pleading requirements.

On July 30, 2020, the National Credit Union Administration (NCUA) approved a final rule amending the Chartering and Field of Membership (FOM) rules found in Appendix B to Part 701.

On July 22, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published a final rulemaking amending its regulations governing Payday, Vehicle Title, and Certain High-Cost Installment Loans (Payday Rule).

On April 30, 2020, the Bureau of Consumer Financial Protection (CFPB) published an interim final rule (IFR) amending its Regulation X, implementing the Real Estate Settlement Procedures Act (RESPA) to temporarily permit mortgage servicers to offer certain loss mitigation options without a complete loss mitigation application.

On June 26, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published an interpretive rule clarifying what Home Mortgage Disclosure Act (HMDA) data will be used in determining that an area is “underserved” for purposes of applying certain provisions described in Regulation Z, such as the exemption from the requirement to establish an escrow account for a higher-priced mortgage loan and the ability to originate balloon-payment qualified mortgages and balloon-payment high cost mortgages.

On May 28, 2020, the National Credit Union Administration (NCUA) published an interim final rule amending its prompt corrective action (PCA) rules to provide additional regulatory flexibility as credit unions respond to and recover from the COVID-19 pandemic. In general, the amendments grant federally insured credit unions (FICUs) greater operational flexibility and relief should net worth levels decline.

On May 22, 2020, the Small Business Administration (SBA) published an interim final rule regarding Paycheck Protection Program (PPP) loan forgiveness requirements, implementing section 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In addition, the SBA published a second interim final rule providing the procedures for an SBA loan review as well as related borrower and lender responsibilities in terms of forgiveness and loan reviews. This final regulatory alert combines both interim final rules.

On May 11, 2020, the Consumer Financial Protection Bureau (CFPB or Bureau) published a final rule amending its Remittance Transfer Rule (Remittance Rule). The amendments are intended to mitigate the July 2020 sunset of a temporary exception that permits estimates of fee and exchange rate information that must otherwise be disclosed in exact amounts.

On April 16, 2020, the Bureau of Consumer Financial Protection (CFPB) published a final rule amending its Regulation C, implementing the Home Mortgage Disclosure Act (HMDA) to adjust the thresholds for reporting on both closed-end mortgage loans and open-end lines of credit.

On April 24, 2020, the Board of Governors of the Federal Reserve System (Board) published an interim final rule to eliminate the transfer limit applicable to accounts that meet the definition of a “savings deposit.”

On April 27, 2020, the National Credit Union Administration (NCUA) published an interim final rule to make conforming amendments to capital adequacy rules in Part 702, consistent with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Paycheck Protection Program (PPP) loans will receive a zero percent risk weighting under the NCUA's risk-based net worth requirement.

On April 21, 2020, the National Credit Union Administration (NCUA) published a temporary final rule modifying certain regulatory requirements to help ensure that federally insured credit unions (FICUs) remains operational and liquid during the pandemic. To learn more, please read NAFCU's Final Regulation.

On April 16, 2020, the National Credit Union Administration (NCUA) Board approved the issuance of a final rule amending Part 722 of the NCUA’s regulations regarding certain residential real estate appraisals.

On April 21, 2020, the National Credit Union Administration (NCUA) published an interim final rule to defer the requirement to obtain an appraisal or written estimate of market value for up to 120 days following the closing of a transaction for certain residential and commercial real estate transactions.