Page 3 - August 2017
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Agencies Propose Rule on Real Estate               requires covered providers that are involved in an
               Appraisals.                                        arbitration pursuant to a pre-dispute arbitration
                                                                  agreement to submit specified arbitral records to
               The Board of Governors of the Federal Reserve      CFPB and to submit specified court records. CFPB is
               System (FRB), the Federal Deposit Insurance        also adopting official interpretations to the regulation.
               Corporation (FDIC), and the Office of the          The rule is effective 09/18/2017, and compliance is
               Comptroller of the Currency (OCC) have issued a    mandatory for all agreements entered into on or after
               proposed rule to amend the agencies’ regulations   03/19/2018. The final rule may be viewed at:
               requiring appraisals of real estate for certain    https://www.gpo.gov/fdsys/pkg/FR-2017-07-
               transactions. The proposal would exempt commercial   19/pdf/2017-14225.pdf. Federal Register, Vo. 82,
               real estate transactions of $400,000 or less from   No. 137, 07/19/2017, 33210-33434.
               appraisal requirements, raising the threshold from
               $250,000. For commercial real estate transactions   CFPB Finalizes Amendments to
               with a value at or below the proposed threshold, the   Supplemental Standard of Ethical
               amended rule would require institutions to obtain an   Conduct for Employees.
               evaluation of the real property collateral that is
               consistent with safe and sound banking practices if   CFPB has issued a final rule amending the
               the institution does not obtain an appraisal by a state   Supplemental Standards of Ethical Conduct for
               certified or licensed appraiser. Comments are due   Employees of the Bureau of Consumer Financial
               09/29/2017. The proposed rule may be viewed at:    Protection involving: outside employment for
               https://www.gpo.gov/fdsys/pkg/FR-2017-07-          covered employees; CFPB employees’ ownership or
               31/pdf/2017-15748.pdf. Federal Register, Vol. 82,   control of certain securities; restrictions on seeking,
               No. 145, 07/31/2017, 35478-35493.                  obtaining, or renegotiating credit or indebtedness;
                                                                  disqualification requirements based on existing credit
               CFPB Finalizes Rule on Arbitration                 or indebtedness; and restrictions on participating in
               Agreements.                                        matters involving covered entities. The final rule also
                                                                  clarifies and makes minor revisions to certain
               The Bureau of Consumer Financial Protection        definitions. The final rule is effective 09/01/2017.
               (CFPB) has issued a final rule to regulate arbitration   The final rule may be viewed at:
               agreements in contracts for specified consumer     https://www.gpo.gov/fdsys/pkg/FR-2017-08-
               financial products and services in the core consumer   02/pdf/2017-15597.pdf. Federal Register, Vol. 82,
               financial markets of lending money, storing money,   No. 147, 08/02/2017, 35883-35888.
               and moving or exchanging money. First, the final
               rule prohibits covered providers from using an     CFPB Publishes in Federal Register Final
               agreement with a consumer that provides for        Amendments to TILA-RESPA Integrated
               arbitration of any future dispute between the parties   Disclosures.
               to bar the consumer from filing or participating in a
               class action concerning the covered consumer       CFPB has issued a final rule modifying the Federal
               financial product or service. Second, the final rule
                                                                  mortgage disclosure requirements under the Truth in


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