Newsroom

October 22, 2014

CFPB modifies rule on points-and-fees cure

CFPB yesterday published a final rule that, among other things, modifies conditions for a points-and-fees cure following the issuance of a qualified mortgage.

The points-and-fees provisions are in the ability-to-repay rule, which defines QM. The rule limits the circumstances under which a lender can pay a refund of points and fees exceeding the 3 percent cap.

As released Thursday, the final rule permits a refund of excess fees inadvertently paid on a QM if it is made within 210 days after the loan is consummated and before:

  • any action by the consumer in connection with the loan;
  • receipt by the creditor, assignee, or servicer of written notice from the consumer that the transaction's total points and fees exceed the cap; or
  • the consumer becomes 60 days past due on the legal obligation.

The above revision expires Jan. 10, 2021.

NAFCU urged that credit unions have at least 180 days to refund excess amounts paid on points and fees, but it still supports taking affiliate fees out of the calculation of points and fees under this rule, and that will require legislative action. NAFCU continues to press for legislative action.

Thursday's final rule, effective upon publication in the Federal Register, also revises the definition of non-profit small servicers. Credit unions are not included in that definition.