US Agencies (CFTC, FDIC, FED, OCC, and SEC) announced that, due to COVID-19, they are extending the comment period for the proposal to modify the Volcker rule’s general prohibition on banking entities investing in or sponsoring covered funds; the comment period is being extended by one month, until May 01, 2020. Additionally, US Agencies (CFPB, FDIC, FED, NCUA, and OCC) and the state financial regulators issued a joint policy statement on the regulatory flexibility to enable mortgage service providers to work with struggling consumers affected by COVID-19. This regulatory flexibility will enhance the ability of mortgage servicers to place consumers in short-term payment forbearance programs such as the one established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was signed into law on March 27, 2020.
Under the CARES Act, borrowers in a federally backed mortgage loan experiencing a financial hardship, directly or indirectly due to COVID-1 pandemic, may request forbearance by making a request to their mortgage service provider and affirming that they are experiencing a financial hardship during the pandemic. In response, servicers must provide a CARES Act forbearance, allowing borrowers to defer their mortgage payments for up to 180 days and possibly longer. The policy statement clarifies that the agencies do not intend to take supervisory or enforcement action against mortgage servicers for delays in sending certain early intervention and loss mitigation notices and taking certain actions related to loss mitigation set out in the mortgage servicing rules, provided that servicers are making good faith efforts to provide these notices and take these actions within a reasonable time.
To further enable short-term payment forbearance programs or short-term repayment plans, mortgage service providers offering these programs or plans will not have to provide an acknowledgement notice within five days of receipt of an incomplete application, provided the service provider sends the acknowledgment notice before the end of the forbearance or repayment period. The guidance also reminds service providers that there is existing flexibility in the rules with respect to the content of certain notices. Finally, to assist servicers experiencing high call volumes from consumers seeking help, the policy statement confirms that the agencies do not intend to take supervisory or enforcement action against mortgage servicers for delays in sending annual escrow statements, provided that servicers are making good faith efforts to provide these statements within a reasonable time.
- Joint Press Release on Mortgage Rules
- Policy Statement on Mortgage Rules (PDF)
- Press Release on Volcker Rule
Comment Due Date: May 01, 2020 (Volcker Rule)
Keywords: Americas, US, Banking, Insurance, Securities, COVID-19, Volcker Rule, Home Mortgage, CARES Act, Credit Risk, FAQ, Home Mortgage Servicing, US Agencies
BCBS is consulting on the principles for operational resilience and the revisions to the principles for sound management of operational risk for banks.
The Financial Stability Institute (FSI) of BIS published a brief note that examines the supervisory challenges associated with certain temporary regulatory relief measures introduced by BCBS and prudential authorities in response to the COVID-19 pandemic.
HKMA, together with the Banking Sector Small and Medium-Size Enterprise (SME) Lending Coordination Mechanism, announced a ninety-day repayment deferment for trade facilities under the Pre-approved Principal Payment Holiday Scheme.
The Advisory Scientific Committee of ESRB published a response, in the form of an Insights Paper, to the EBA proposals for reforms to the stress testing framework in EU.
MAS announced several initiatives to support adoption of the Singapore Overnight Rate Average (SORA), which is administered by MAS.
BoE updated the reporting template for Form ER as well as the Form ER definitions, which contain guidance on the methodology to be used in calculating annualized interest rates.
PRA published the policy statement PS19/20 on the final policy for extending coverage under the Financial Services Compensation Scheme (FSCS) for Temporary High Balance.
EBA published the final draft implementing technical standards for disclosures and reporting on the minimum requirements for own funds and eligible liabilities (MREL) and the total loss-absorbing capacity (TLAC) requirements in EU.
EBA published an erratum for the phase 2 of technical package on the reporting framework 2.10.
EC published the Implementing Regulation 2020/1145, which lays down technical information for calculation of technical provisions and basic own funds.