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| FTC | RIN: 3084-AB18 | Publication ID: Spring 2010 |
| Title: Rulemaking Proceeding With Respect to Mortgage Loans | |
| Abstract: Section 626 of the Omnibus Appropriations Act of 2009 directed the Federal Trade Commission to initiate a rulemaking proceeding with respect to mortgage loans within 90 days after the date of enactment of that Act. The Act also mandated that the rulemaking be in accordance with section 553 of title 5, United States Code, and that any violation of a rule prescribed under this subsection shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. To implement the Act, the Commission has commenced a rulemaking proceeding in two parts. On June 1, 2009, the Commission issued an ANPRM, the Mortgage Acts and Practices Rulemaking (MAP), that would address activities that occur throughout the life cycle of a mortgage loan; i.e., practices with regard to mortgage loan advertising and marketing, origination, appraisals, and servicing. 74 FR 26118. Another ANPRM, the Mortgage Assistance Relief Services Rulemaking (MARS), addresses the practices of entities (other than mortgage servicers) who offer assistance to consumers in dealing with owners or servicers of their loans to modify them or avoid foreclosure. 74 FR 26130. The Commission sought public comment with regard to the unfair and deceptive acts and practices that should be prohibited or restricted pursuant to any rules adopted in this proceeding. The comment period for the Mortgage Acts and Practices Rulemaking closed on July 30, 2009. The comment period for the Mortgage Assistance Relief Services Rulemaking closed on July 15, 2009. On February 4, 2010, the Commission announced an NPRM for MARS. The proposed MARS rule published for comment, among other things, would prohibit providers of these services from making false or misleading claims, mandate that providers disclose certain information about these services, bar the collection of advance fees for these services, prohibit persons from providing substantial assistance or support to an entity they know or consciously avoid knowing is engaged in a violation of these rules, and impose recordkeeping and compliance requirements. The comment period closes on March 29, 2010. Staff anticipates that the Commission will announce an NPRM for MAP--Advertising during May 2010. | |
| Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: Undetermined | Unfunded Mandates: Undetermined |
| CFR Citation: To be codified at 16 CFR 321, 322 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
| Legal Authority: Omnibus Appropriations Act 2009, PL 111-8 | |
Legal Deadline:
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Overall Description of Deadline: The Omnibus Appropriations Act of 2009 directed the Federal Trade Commission to initiate a rulemaking proceeding within 90 days of enactment, which occurred on March 11, 2009. |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Small Entities Affected: Businesses | Federalism: Undetermined |
| Included in the Regulatory Plan: No | |
| International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Laura A. Johnson Attorney, Division of Financial Practices, Bureau of Consumer Protection Federal Trade Commission 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-3035 Email: ljohnson3@ftc.gov Evan Zullow Attorney, Division of Financial Practices, Bureau of Consumer Protection Federal Trade Commission 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-2914 Email: ezullow@ftc.gov |
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