CFPB PUBLISHES PROPOSED HMDA RULE

CLARIFICATIONS AND CORRECTIONS

On April 13, 2017 CFPD Director Richard Cordray signed a proposed rule to make a number of clarifications, corrections, and changes to the revised HMDA regulation. The proposal also establishes transition rules for reporting certain loans purchased by financial institutions and includes additional information about reporting the census tract of a property using a new geo-coding tool the CFPB plans to provide online. To obtain a copy of the proposal, click HERE.

NYS DEPARTMENT OF FINANCIAL SERVICES PUBLISHES FINAL CYBERSECURITY RULE

The NYSDFS published a cybersecurity rule that goes into effect on March 1, 2017. However, some parts of the regulation phase in anywhere from 180 days to 2 years in the future. The rule impacts banks, insurance companies, and other financial services institutions regulated by the Department. To view the press release and link to the regulation, click HERE.

HUD Withdraws MIP Reduction

One hour after Donald Trump became President, the Department of Housing and Urban Development announced it has withdrawn the reduction of Mortgage Insurance Premiums, which would have been effective with closing/disbursements on or after January 27, 2017. HUD will issue a subsequent Mortgagee Letter at a later date, should there be a policy change.

NYDFS RELEASES FINAL RULE FOR VACANT AND ABANDONED PROPERTY

On  December 7, 2016 the New York State Department of Financial Services released the Final Rule pretaining to vacant and abandoned property. The legislation is effective on December 20, 2016. The New York Mortgage Bankers Association has performed a complete analysis of the changes in the Final Rule, as opposed to the Proposed Rule. The NYMBA Analysis, Proposed Rule and  Final Rule can be obtained by clicking on the following links:

PROPOSED RULE
FINAL RULE
NYMBA ANALYSIS

NYS 2016 Budget Reinstates the Refund of the Special Additional Mortgage Recording Tax

On Friday evening, April 1, 2016 the New York State Budget was passed. The budget included the following language:

PART LL

“Section 1. Paragraph (b) of subdivision 9 of section 210-B of the tax law, as added by section 17 of part A of chapter 59 of the laws of 2014, is amended to read as follows:

(b) Carryover or refund. In no event shall the credit herein provided for be allowed in an amount which will reduce the tax payable to less than the fixed dollar minimum amount prescribed in paragraph (d) of subdivision one of section two hundred ten of this article. If, however, the amount of credit allowable under this subdivision for any taxable year, including any credit carried over from a prior taxable year, reduces the tax to such amount or if the taxpayer otherwise pays tax based on the fixed dollar minimum amount, any amount of credit not deductible in such taxable year may be carried over to the following year or years and may be deducted from the taxpayer’s tax for such year or years. In lieu of carrying over to the following year or years, the unused portion of credits attributable to the special additional mortgage recording tax paid by the taxpayer as mortgagee with respect to mortgages of real property principally improved or to be improved by one or more structures containing in the aggregate not more than six residential dwelling units, each dwelling unit having its own separate cooking facilities, such taxpayer may elect to treat such unused portion as an overpayment of tax to be credited or refunded in accordance with the provisions of section ten hundred eighty-six of this chapter, except that no interest shall be paid on such overpayment.

  • 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as part A of chapter 59 of the laws of 2014, took effect.”

As previously reported, upon learning that the 2014 budget eliminated the refund, effective with the 2015 tax year, the NYMBA contacted  the New York State Assembly and Senate; explaining the impact on non-depository lenders, and requesting a correction in the 2016 budget, retroactive back to January 1, 2015. In addition, we asked you to contact your legislators. As a result, there was bipartisan support in the NYS legislature for the correction, and it was added to both the Assembly and Senate One House bills, and inserted into the final bill, passed by both the Assembly and Senate. Our sincere thanks go out to all of you that assisted in this effort. Loss of the refund would have had a devastating impact on mortgage bankers doing business in the state of New York when filing their 2015 tax returns.