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CFPB RIN: 3170-AA49 Publication ID: Fall 2016 
Title: Amendments to the 2013 Mortgage Rules Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z) AND Safe Harbors From Liability FDCPA.  
Abstract:

The Bureau amended certain mortgage servicing rules previously issued by the Bureau in 2013. The rule clarifies, revises, or amends provisions regarding force-placed insurance notices, policies and procedures, early intervention, and loss mitigation requirements under Regulation X; and prompt crediting and periodic statement requirements under Regulation Z. The final rule also addresses proper compliance regarding certain servicing requirements when a person is a potential or confirmed successor in interest, is a debtor in bankruptcy, or sends a cease communication request under the Fair Debt Collection Practices Act. The final rule also makes technical corrections to several provisions of Regulations X and Z. Simultaneously with the final rule, the CFPB issued an interpretive rule under the Fair Debt Collection Practices Act (FDCPA) to clarify the interaction of the FDCPA and specified mortgage servicing rules in Regulations X and Z. In January 2013, the CFPB issued final rules implementing numerous provisions of the Real Estate Settlement Procedures Act and the Truth in Lending Act, as amended by title XIV of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The CFPB has since made various corrections, clarifications, and other amendments to the January 2013 final rules. The mortgage servicing rules took effect in January 2014. The CFPB published a proposal in the Federal Register in December 2014 to amend various provisions of its mortgage servicing rules, in both Regulation X (which implements RESPA) and Regulation Z (which implements TILA). The Bureau proposed clarifications concerning the applicability of certain provisions when a borrower is in bankruptcy or has invoked cease communication rights under the FDCPA, additional enhancements to loss mitigation requirements, provisions to address the applicability of certain rules to successors in interest, and other amendments. The Bureau conducted consumer testing of certain disclosures as it prepared the final rule. The Bureau issued a final rule in August 2016. Most provisions of the final rule take effect 12 months after publication in the Federal Register. The provisions relating to bankruptcy periodic statements and successors in interest take effect 18 months after publication in the Federal Register. The Bureau will work to conduct outreach with industry to monitor and facilitate implementation of the final rule.

 
Agency: Consumer Financial Protection Bureau(CFPB)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 12 CFR 1024    12 CFR 1026   
Legal Authority: 12 U.S.C. 2601    12 U.S.C. 2603 to 2605    12 U.S.C. 2607    12 U.S.C. 2609    12 U.S.C. 2617    12 U.S.C. 5511 and 5512    12 U.S.C. 5532    12 U.S.C. 5581    15 U.S.C. 1601 et seq.    15 U.S.C. 1692c    15 U.S.C. 1692k(e)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/15/2014  79 FR 74175   
NPRM Comment Period End  03/16/2015 
Final Rule--Servicing  10/19/2016  81 FR 72160   
Final Rule--Interpretive Rule  10/19/2016  81 FR 71977   
Final Rule Effective--Servicing  10/19/2017 
Final Rule Effective--Interpretative Rule  10/19/2017 
Final Rule Effective--Servicing  04/19/2018 
Final Rule Effective--Intrepretative Rule  04/19/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 3170-AA37, Related to 3170-AA14, Related to 3170-AA43 
Agency Contact:
Laura Johnson
Office of Regulations
Consumer Financial Protection Bureau
Phone:202 435-7700

Will Corbett
Office of Regulations
Consumer Financial Protection Bureau
Phone:202 435-7700