Alternative Mortgage Transaction Parity (Regulation D); Interim Final Rule
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Vol. 76 Friday, No. 141 July 22, 2011 Part V Bureau of Consumer Financial Protection 12 CFR Part 1004 Alternative Mortgage Transaction Parity (Regulation D); Interim Final Rule VerDate Mar<15>2010 18:15 Jul 21, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22JYR2.SGM 22JYR2 srobinson on DSK4SPTVN1PROD with RULES2 44226 Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Rules and Regulations BUREAU OF CONSUMER FINANCIAL • Electronic: http:// Dodd-Frank Act amended AMTPA to PROTECTION www.regulations.gov. Follow the transfer rule-writing authority to the instructions for submitting comments. CFPB and to narrow the scope of federal 12 CFR Part 1004 • Mail or Hand Delivery/Courier in preemption. After July 21, the Dodd- [Docket No. CFPB–2011–0004] Lieu of Mail: Monica Jackson, Office of Frank Act provides that state housing the Executive Secretary, Consumer creditors may only make alternative RIN 3170–AA04 Financial Protection Bureau, 1801 L mortgage transactions under AMTPA if Street, NW., Washington, DC 20036. they comply with rules issued by the Alternative Mortgage Transaction All submissions must include the CFPB, even though the Dodd-Frank Act Parity (Regulation D) agency name and docket number or does not vest the CFPB with authority AGENCY: Bureau of Consumer Financial Regulatory Information Number (RIN) to issue such rules before that date. Protection. for this rulemaking. In general, all Accordingly, CFPB interim rules are comments received will be posted ACTION: Interim final rule with request needed immediately in order to avoid a without change to http:// for public comment. suspension in the operation of AMTPA, www.regulations.gov. In addition, which would prevent state housing SUMMARY: The Bureau of Consumer comments will be available for public creditors from making variable rate inspection and copying at 1801 L Street, Financial Protection (CFPB) is loans and other alternative mortgage NW., Washington, DC 20036, on official publishing for public comment an transactions in states where such loans business days between the hours of 10 interim final rule establishing are otherwise prohibited by state law. Regulation D (Alternative Mortgage a.m. and 5 p.m. Eastern Time. You can Transaction Parity) pursuant to the make an appointment to inspect the The CFPB does not believe that Alternative Mortgage Transaction Parity documents by telephoning (202) 435– Congress intended its amendments to Act (AMTPA) and the Truth in Lending 7275. AMTPA to create a regulatory gap that Act. The interim final rule is necessary All comments, including attachments would interrupt access to credit. As to avoid a regulatory gap created by the and other supporting materials, will discussed below in Section IV, the CFPB amendments to AMTPA in the Dodd- become part of the public record and finds that there is good cause to issue Frank Wall Street Reform and Consumer subject to public disclosure. Sensitive this interim final rule without notice Protection Act (Dodd-Frank Act). personal information, such as account and comment and effective immediately Without an interim final rule that takes numbers or social security numbers, in order to avoid the risk of disrupting immediate effect, state housing creditors should not be included. Comments will mortgage markets, placing state housing would no longer be able to make not be edited to remove any identifying creditors at an inappropriate variable rate mortgage loans and other or contact information. competitive disadvantage, and reducing alternative mortgage transactions FOR FURTHER INFORMATION CONTACT: consumers’ access to credit. In pursuant to AMTPA in states that Monica Jackson, Office of the Executive particular, the CFPB is concerned that prohibit such transactions, thus denying Secretary, Consumer Financial failure to issue an interim final rule consumers access to that form of credit. Protection Bureau, 1801 L Street, NW., addressing the modification of existing Until July 22, 2012, the interim final Washington, DC 20036, (202) 435–7275. AMTPA loans could create uncertainty rule applies only to state housing SUPPLEMENTARY INFORMATION: and discourage such modifications. In creditors seeking to invoke federal advance of issuing this interim final I. Overview preemption of state law under AMTPA. rule, the CFPB issued a public bulletin The interim final rule will be in place The Bureau of Consumer Financial alerting state chartered and licensed as a temporary measure pending the Protection (CFPB) is publishing for lenders and other interested parties that: CFPB’s completion of a notice-and- public comment this interim final rule (1) the Dodd-Frank Act amendments to comment rulemaking to promulgate implementing amendments to the AMTPA take effect on July 21, 2011; permanent rules, including rules Alternative Mortgage Transaction Parity and (2) the amendments affect what governing alternative mortgage Act (AMTPA) 1 made by the Dodd-Frank laws apply to mortgage loans issued by transactions made by federally chartered Wall Street Reform and Consumer state chartered or licensed lenders after housing creditors. The CFPB seeks Protection Act (Dodd-Frank Act).2 that date by narrowing the statutory public comment in anticipation of that AMTPA authorizes state-licensed or definition of ‘‘alternative mortgage process. -chartered housing creditors (state transaction’’ and the scope of 3 preemption under AMTPA.4 In DATES: This interim final rule is housing creditors) to make alternative addition, the CFPB reached out to state effective July 22, 2011. mortgage transactions in compliance Mandatory compliance date: with federal rather than state law, in and federal regulators, trade Compliance with § 1004.4 of this order to establish parity and competitive associations, and consumer advocates to interim final rule is optional until July equality between state and federal urge planning for an orderly transition 22, 2012 for federal housing creditors lenders. Effective July 21, 2011, the process. The CFPB will continue its and for state housing creditors that are outreach and consultations while it not relying on preemption of state law 1 12 U.S.C. 3801 et seq. engages in a notice-and-comment 2 under § 1004.3. On July 22, 2012, Public Law 111–203, 124 Stat. 1376 (2010) rulemaking to more fully effectuate the (hereinafter ‘‘Pub. L. 111–203’’). Dodd-Frank Act amendments. The compliance with § 1004.4 is mandatory 3 Under 12 U.S.C. 3802(2), the term ‘‘housing CFPB is committed to beginning the for all creditors, except as provided in creditor’’ means: (1) A depository institution as § 1004.4(d). defined in 12 U.S.C. 1735f–7 note; (2) a lender notice-and-comment rulemaking Comments: Comments must be approved by the Secretary of Housing and Urban process as soon as possible after the received on or before September 22, Development for participation in any mortgage comment period closes on the interim insurance program under the National Housing Act; final rule. 2011. (3) a person who regularly makes loans, credit sales, ADDRESSES: or advances secured by an interest in residential You may submit comments, real property, dwellings, cooperatives or residential 4 Available at http://www.consumerfinance.gov/ identified by Docket No. CFPB–2011– manufactured homes; and (4) any transferee of a wp-content/uploads/2011/06/Amendments-to-the- 0004, by any of the following methods: person in the other three categories. Alternative-Mortgage-Transaction-Parity-Act.pdf. VerDate Mar<15>2010 18:15 Jul 21, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22JYR2.SGM 22JYR2 srobinson on DSK4SPTVN1PROD with RULES2 Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Rules and Regulations 44227 II. Summary of the Interim Final Rule prepayment penalties, interest-only mortgage transactions across the broader The interim final rule applies to an payment periods, and negative marketplace, and seeks comment in alternative mortgage transaction if the amortization are no longer preempted anticipation of that rulemaking. under AMTPA with respect to creditor received an application for that III. Background transaction on or after July 22, 2011. If alternative mortgage transactions. the creditor received the application Furthermore, state laws prohibiting A. AMTPA before July 22, 2011, the alternative unfair or deceptive acts and practices AMTPA was enacted by Congress in mortgage transaction is generally generally are not subject to preemption 1982 to stimulate consumer access to grandfathered and remains subject to under AMTPA. credit and increase parity between state The interim final rule also provides the AMTPA provisions and regulations and federal creditors during an era of standards governing alternative in effect at the time of application. unusually high interest rates. In Senate mortgage transactions made by state Thus, a consistent set of requirements hearings held in 1981, mortgage bankers housing creditors pursuant to AMTPA. will apply from application to testified that laws in 26 states either The rule generally requires that completion of an alternative mortgage barred state housing creditors from adjustable rate mortgages utilize a originating alternative mortgage loans or transaction. The rule also clarifies that publicly available index that is beyond modifications, renewals, or extensions imposed significantly greater the creditor’s control. In the alternative, restrictions on such loans than those of alternative mortgage transactions do a closed-end mortgage may use a