CFPB requires new HMDA reporting, CUNA warns of burden's impact

October 16, 2015

WASHINGTON (10/16/15)--The Consumer Financial Protection Bureau (CFPB) announced Thursday it will finalize its Home Mortgage Disclosure Act (HMDA) rule. CUNA has long advocated for credit unions to be exempt from the requirements, saying they would add yet another layer of expense and regulatory burden.

"Thursday’s HMDA announcement by the CFPB is extremely disappointing,” said CUNA President/CEO Jim Nussle. “At a time when the bureau should be working to increase the availability of credit to middle class Americans, they instead continue to impose staggering amounts of regulatory burden for credit unions and other small financial institutions.”

He added, “If the bureau’s intent is to stifle available credit to consumers, they’re succeeding. While Director [Richard] Cordray continues to publicly state that credit unions in no way contributed to the financial crisis, it’s clear the bureau ignores that very important point in its rulemaking.”

CUNA Chief Advocacy Officer Ryan Donovan said, “The CFPB needs to do a much better job articulating what it will do with this vast data grab which goes way beyond the Dodd-Frank Act requirements."  The rule is 797 pages long.

By the CFPB’s own estimates, the changes represent an additional compliance burden of 4.7 million hours per year for all entities required to report under HMDA.

CUNA has written to the bureau a number of times over the past year, urging the bureau to use its authority to exempt credit unions from HMDA provisions.

The rule contains a number of CUNA-opposed provisions, including:

  • Adding home equity lines of credit (HELOCs) to HMDA reporting requirements. CUNA believed the reporting burden on credit unions to aggregate and report on this data could be problematic for many credit unions, as HELOCs are often treated as consumer loans, maintained and managed by a consumer loan origination system (LOS), while first mortgages are maintained by a mortgage LOS;
  • Adding additional data points to those mandated by Dodd-Frank. While four extra data points were removed from the proposed rule, the bureau still requires 16 additional data points beyond what Dodd-Frank calls for. CUNA urged the bureau to not require these additional data points to be collected and reported for HMDA purposes, or to exempt credit unions from the additional regulatory requirements; and
  • Exempts only financial institutions originating less than 25 closed-end loans. CUNA pushed the agency to exempt credit unions that originate under 500 mortgage loans per year.

However, the first reporting under the rule will be required later than proposed--in 2019, for 2018 data. The CFPB also backed away from the proposal to require reporting of all dwelling-secured transactions made for commercial purposes.

 "We are going to continue to express our concerns about this rule to the CFPB, and point out areas where this impacts credit unions' ability to serve consumers,” Donovan said.