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ARTICLE · 17 AUGUST 2016

CFPB Finally Adopts Amendments To Its Mortgage Servicing Rules

These Amendments will not become effective until 18 months after publication in the Federal Register.

United StatesConsumer Protection

On August 4, the Bureau of Consumer Financial Protection ("CFPB") finally adopted amendments (the "Amendments") to its 2013 mortgage servicing rules (the "Servicing Rules"). The Servicing Rules implemented provisions in the Dodd-Frank Act to regulate in great detail the residential mortgage servicing business. The Amendments have been under consideration by the CFPB for more than 20 months and represent the CFPB's response to numerous issues and concerns raised by industry and consumer groups alike about the Servicing Rules. The Amendments (which take up more than 900 pages) are significant. They cover the following nine major topics (as well as a few minor ones):

  1. Successors in interest. How to define them, what procedures must be followed to "confirm" them, and how the Servicing Rules will apply to them once they are so confirmed? In adopting these provisions, the CFPB was responding to reports by housing counselors and consumer advocacy groups about a variety

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