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FDIC encourages regulatory relief for Michigan borrowers affected by severe weather
On July 16, the FDIC issued FIL-70-2020 to provide regulatory relief to financial institutions and help facilitate recovery in areas of Michigan affected by severe storms and flooding from May 16 through May 22. In the guidance, the FDIC encourages institutions to consider, among other things, (i) extending repayment terms; (ii) restructuring existing loans; or (iii) easing terms for new loans to borrowers affected by the severe weather, provided the measures are “done in a manner consistent with sound banking practices, can contribute to the health of the local community and serve the long-term interests of the lending institution.” Additionally, the FDIC notes that institutions may receive Community Reinvestment Act consideration for community development loans, investments, and services in support of disaster recovery. The FDIC states it will also consider relief from certain filing and publishing requirements.
Find continuing InfoBytes coverage on disaster relief guidance here.
Fed holds line on 2021 payment services
On July 21, the Federal Reserve Board announced that due to the uncertainties created by the Covid-19 pandemic, it will retain the current schedule of prices for most of its payment services to depository institutions in 2021. The Board notes that the pricing information is normally conveyed later in the year and that the Federal Register notice containing the final fee schedules will be released later in 2020. However, in order to “support the business planning of users and providers of payment services,” it wanted to provide early notice of “its intent to keep most 2021 prices flat.”
Colorado regulator updates guidance to real estate businesses with new mask requirements
On July 17, the Colorado Department of Regulatory Agencies updated its Safer at Home: Additional Guidance for Real Estate Brokers & Servicers, previously covered here, to account for the Colorado governor’s recently-issued mask ordinance. The updated guidance provides that businesses must refuse service to customers not wearing masks and responds to frequently asked questions regarding the mask ordinance, including whether businesses should follow state or local mask orders.
Colorado governor permits further extensions of money transmitter and real estate broker licenses
On July 19, the Colorado governor issued Executive Order 2020 141, which extends Executive Order D 2020 015, as amended by several earlier orders, until August 18, 2020. Executive Order D 2020 015 authorizes the Department of Regulatory Agencies to promulgate and issue emergency rules extending the expiration date of licenses issued by the Division of Banking for money transmitters and licenses issued by the Division of Real Estate for real estate brokers.
Fed expands MSLP to nonprofits
On July 17, the Federal Reserve Board announced that the Main Street Lending Program will support tax-exempt, nonprofit organizations. In June, the Board proposed expanding the program to certain nonprofits (covered by InfoBytes here), and in response to public feedback on the proposal, the Board (i) set the minimum employment threshold for nonprofits to 10 employees from the proposed 50; (ii) eased the donation-based funding limit; and (iii) adjusted several financial eligibility criteria to accommodate a wider range of nonprofit operating models.
The Main Street nonprofit loans have similar terms as the Main Street for-profit business loans, including the “interest rate, principal and interest payment deferral, five-year term, and minimum and maximum loan sizes.” The Board’s announcement also contains a chart covering the detailed changes and term sheets for the program’s Nonprofit Organization Expanded Loan Facility and Nonprofit Organization New Loan Facility.
Colorado updates guidance for critical financial institutions to reflect recent executive order On July 17, Colorado updated its Safer at Home guidance for critical financial institutions during the
On July 17, Colorado updated its Safer at Home guidance for critical financial institutions during the Safer at Home for Public Health Order 20-28. The guidance encourages financial institutions to become familiar with Executive Order D 2020 138, which imposes a statewide mask wearing requirement.
Texas Office of Consumer Credit updates guidance urging motor vehicle sales finance licensees to work with borrowers
On July 17, the Texas Office of the Consumer Credit Commissioner updated its advisory bulletin urging motor vehicle sales finance licensees to work with consumers during the Covid-19 crisis (previously covered here, here, and here). Among other measures, the regulator urges licensees to increase consumer communication regarding the effects of Covid-19 for licensees, work out modifications for payment difficulties, waive certain charges, and suspend repossessions. The guidance also reminds licensees of legal requirements for using electronic signatures, and continues to permit licensees to conduct activity from unlicensed locations, subject to certain conditions. The guidance is in effect through August 31, 2020, unless withdrawn or revised.
Texas Office of the Consumer Credit Commissioner extends regulated lender advisory
On July 17, the Texas Office of the Consumer Credit Commissioner updated its Regulated Lender Advisory Bulletin on coronavirus emergency measures, previously covered here. The guidance: (1) encourages lenders to work with consumers, including by working out modifications to assist with payments, waiving fees and charges, suspending charged-off accounts, and suspending repossessions of collateral or foreclosures of real property, among other things; (2) reminds lenders of legal requirements for using electronic signatures; and (3) continues to permit lenders to conduct regulated lending activity from unlicensed locations, subject to certain conditions. The guidance is in effect through August 31, 2020, unless withdrawn or revised.
EU - U.S. forum studies implications of Covid-19 for financial stability
On July 17, the U.S. Treasury Department issued a joint statement on the EU - U.S. Financial Regulatory Forum, which met virtually on July 14 and 15 and included participants from Treasury, the Federal Reserve Board, CFTC, FDIC, SEC, and OCC. Forum participants discussed six key themes: (i) potential financial stability implications and economic responses to the Covid-19 pandemic; (ii) capital market supervisory and regulatory cooperation, including cross-border supervision; (iii) “multilateral and bilateral engagement in banking and insurance,” including “cross-border resolution of systemic banks” and Volcker Rule implementation; (iv) approaches to anti-money laundering/countering the financing of terrorism financing and remittances; (v) the regulation and supervision of digital finance and financial innovation, such as “digital operational resilience and developments in crypto-assets, so-called stablecoins, and central bank digital currencies”; and (vi) sustainable finance developments. EU and U.S. participants recognized the importance of communicating mutual supervisory and regulatory concerns to “support financial stability, investor protection, market integrity, and a level playing field.”
Fannie and Freddie announce new disaster payment deferral
On July 15, Fannie Mae and Freddie Mac introduced a new home-retention workout option, the “disaster payment deferral,” for borrowers experiencing financial hardship. According to Fannie Mae’s Lender Letter LL-2020-11 and Freddie Mac’s Guide Bulletin 2020-28, the disaster payment deferral would bring the borrower current on their mortgage by deferring the delinquency amount (which includes up to 12 months of past-due principal and interest payments; out-of-pocket escrow advances paid to third parties; and servicing advances paid to third parties in the ordinary course of business) as a non-interest bearing balance, due and payable at liquidation, refinance, or maturity. To qualify for the program, an eligible disaster event is defined as (i) a financial hardship that impacts the borrower's ability to pay their contractual monthly payment; and (ii) either: the property securing the mortgage loan experienced an insured loss, the property securing the mortgage loan is located in an eligible FEMA-Declared Disaster Area, or the borrower's place of employment is located in an eligible FEMA-Declared Disaster Area. Among other requirements detailed by the Lender Letter and Bulletin, servicers must confirm that the borrower has resolved the financial hardship and have the ability to continue paying the contractual monthly payments. Servicers must begin evaluating borrowers for the disaster payment deferral beginning July 1.