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OpportunityTexas Federal Financial Reform: Implications for Texas and Consumers FDIC AEI Meeting Austin, TX August 4, 2010 Don Baylor, Jr. Senior Policy Analyst What CPPP Does Improving public policies to better the economic and social conditions of low- and moderate-income Texans. Creating economic opportunity to strengthen families and grow the middle class; Increasing access to quality, affordable health insurance; Helping families meet basic needs; Enhancing child well-being and child protection; Ensuring effective public administration; and Securing fair and adequate taxation to pay for critical public investments in Texas. RAISE Texas • Statewide network working to support and expand asset-building activities in Texas, with a focus on low- and moderate-income areas. • Committed to building financial success of Texans through financial education, IDAs, children's savings accounts, community tax centers, and other programs that lead to increased economic security and prevent asset stripping. What is OpportunityTexas? Income, Savings, and Job Creation Community Investment Innovation Public-Private Partnerships Systems Integration Joint Project of CPPP and RAISE Texas Official Launch in Fall 2010 Dodd-Frank Wall Street Reform & Consumer Protection Act “To promote the financial stability of the United States by improving accountability and transparency in the financial system.” “To ensure American consumers get the clear, accurate information they need to shop for mortgages, credit cards, and other financial products, and protect them from hidden fees, abusive terms, and deceptive practices.” “[Consistent consumer protection rules are] good for Americans, and it’s good for us as providers because we know the playing field is level.” – John Stumpf, Wells Fargo & Co. Chief Executive Officer Consumer Financial Protection Bureau: The New Consumer Federal Architecture Director, CFPB Office of Fair Lending and Equal Opportunity [OFLEO] Community Affairs Office of Service Member Affairs Research Office of Financial Education [OFE] Complaints Office of Financial Protection for Older Americans [OFPOA] Private Student Loan Ombudsman CFPB: Who Is Covered? Others as Defined by Rule Other Financial Institutions (Rulemaking Only) Offer Private Student Loans Covered Persons Very Large Financial Institutions Offer Payday Loans Mortgage Originators, Brokers, and Servicers CFPB: What Is Covered? Others as Defined Stored Value (limited) Certain Financial Advising (credit counseling and debt management or settlement) Covered Financial Products or Services Remittances Check Cashing, Check Collection, or Check Guaranty Credit Reporting Debt Collection Real Estate Settlement Notable Exemptions from CFPB Oversight • • • • • • Auto Dealers (General) Attorneys Accountants Real Estate Brokers Tax Preparers Insurance Companies/Agents What’s on the CFPB’s Agenda? Identify as unlawful unfair, deceptive, or abusive acts and practices by covered persons, and set up requirements to prevent these practices Add to the list of financial products and services covered under certain conditions Determine what other non-depository persons should be under the CFPB’s examination authority Prescribe how non-depository covered persons should be registered Decide what information covered persons must disclose to consumers about financial products or services Determine procedures for timely response to consumer complaints against or inquiries about covered persons Interchange or “Swipe” Fees • Interchange Fees Have Risen – Retailers Paid $48B in 2009 – Current Average Fee: 1.63% • Fees should be “reasonable and proportional” • Merchant may decline small purchases (up to $10) • Exemption for “reloadable” debit cards Mortgage Reform & AntiPredatory Lending Act • • • • Establishes the “Qualified Mortgage” Requires Documentation for Ability to Repay Resets HOEPA (high cost loan) threshold Prohibits prepayment penalties for “nonqualified” mortgages • Bans “Steering” Incentives • Prohibits Current Yield Spread Premiums • Gives CFPB authority to prohibit mandatory arbitration, pending study What is a Qualified Mortgage? Regular periodic payments may not result in an increase of or allow for a deferred repayment of principal Does not result in a balloon payment (except at discretion of FRB) Verifies and documents obligors’ income and financial resources In a fixed rate loan, bases underwriting process on full amortization of the loan over the loan term Complies with debt-to-income guidelines or regulations (to be established by the FRB, could also include alternative measures of ability to pay) Mortgage origination fees generally do not exceed 3% of the loan amount Has a term of 30 years or less (with some exceptions) In reverse mortgages or smaller loans, adheres to standards to be set by the Federal Reserve Board Community Re-Reinvestment (Effects of the Mortgage Crisis) • Neighborhood Stabilization Program ($1B)— state and local grants to combat effects of foreclosure • Emergency Mortgage Relief ($1B)— bridge loans for unemployed homeowners • Foreclosure Legal Assistance– HUD grants for LMI homeowner and tenants Federal Preemption of State Consumer Laws • • • • Conditions for Preemption If state law is inconsistent with the Act If state law has discriminatory effect on federal banks If state law forbids or impairs national bank activity If state law is already preempted by federal statute Consumer Education • Office of Financial Education – Develop programs to improve consumers’ financial literacy and familiarity with financial products • Study and Report on Financial Literacy Program • Office of Housing Counseling (HUD) – – – – Foreclosure Rescue Consumer Mortgage Software Platform National Public Service Multimedia Campaign Home Inspection Counseling • Mandatory Counseling for High-Cost Loans Credit Reports and Scores • Scores are required to be collected under HMDA, along with age and origination channel. • Consumers are now allowed free access to scores if their scores negatively affected them in a financial transaction or hiring decision (credit score disclosure). • CFPB authorized to conduct regular examinations of large credit bureaus to evaluate their compliance with the law, including the Fair Credit Reporting Act. Enhanced Consumer Data Collection & Reporting ► CFPB Research Unit ► Consumer Economic Behavior ► Access by Underserved Communities ► HUD/CFPB Default and Foreclosure Database ► Making Home Affordable Program Report ► M/W/SBE Credit Application Tracking ► Federal Report/Study on Credit Scores Variation ► Federal Report on Private Education Loans ► Expanded Mortgage Loan Data Requirements ► Annual Report on General-Use Prepaid Cards in Federal, State, or Local Government-Administered Payment Programs FFR & Asset Building Title XII: Increasing Access to Mainstream Financial Institutions • Financial Education and Counseling – Small Dollar Loan Grant Program (<$2,500) – Community Development Financial Institutions (CDFIs) Loan-Loss Reserve Fund – CDFI Technical Assistance • “Bank On USA” Grant Program – Enrollment in Checking, Savings & Investment Accounts – “Wealth building” Activities Implications for State Policy • Texas Attorney General – Broader authority to enforce state law and CFPB regulations vs. federal banks – Bring action vs. state-chartered banks for federal violations • Texas Department of Housing & Community Affairs – Drive the “qualified mortgage” market – Granted larger role in homeowner counseling • Texas Appraiser Licensing and Certification Board – New Registration Requirements – Eligible for Federal Compliance Grants • Office of Consumer Credit Commissioner – identify and refer bad actors to CFPB – Receive and Act upon federal referrals • State Resolutions Can Drive Federal Rulemaking (25+1) • States can be grantees/partners for “Bank On” activities The Year Ahead • CFED Assets Learning Conference, September 22-24, Washington, D.C. (www.cfed.org) • William P. Hobby Policy Conference, September 23-24, Austin, TX (www.cppp.org) • RAISE Texas Policy Conference, December 2010, Austin, TX (www.raisetexas.org) • OpportunityTexas Launch, December 2010 • 82nd Legislature, January 2011 (www.cppp.org) Use of This Presentation The Center for Public Policy Priorities encourages you to reproduce and distribute these slides, which were developed for use in making public presentations. If you reproduce these slides, please give appropriate credit to CPPP. The data presented here may become outdated. For the most recent information or to sign up for our free E-Mail Updates, visit www.cppp.org. © CPPP Center for Public Policy Priorities 900 Lydia Street Austin, TX 78702 P 512/320-0222 F 512/320-0227