Home Mortgage Disclosure Act; Notice of Hearings, 35030-35033 [2010-14904]
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35030
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
mark your electronic mail, letter, or fax
and the subject line, envelope, or fax
cover sheet ‘‘Privacy Act Request’’ in
accordance with the procedures set
forth in 12 CFR part 1204.
RECORD ACCESS PROCEDURES:
Direct requests to access, amend, or
correct a record to the Privacy Act
Officer, Federal Housing Finance
Agency, 1625 Eye Street, NW.,
Washington, DC 20006, in accordance
with the procedures set forth in 12 CFR
part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an
adverse determination for a record to
the Privacy Act Appeals Officer, Federal
Housing Finance Agency, 1700 G Street,
NW., Washington, DC 20552, in
accordance with the procedures set
forth in 12 CFR part 1204.
RECORD SOURCE CATEGORIES:
The information is obtained from the
regulated entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Some information in this system that
is investigatory and compiled for law
enforcement purposes is exempt under
subsection 552a(k)(2) of the Privacy Act
to the extent that information within the
system meets the criteria of that
subsection of the Privacy Act. The
exemption is necessary in order to
protect information relating to law
enforcement investigations and
interference with investigatory and law
enforcement activities. The exemption
will preclude subjects of investigations
from frustrating investigations, will
avoid disclosure of investigative
techniques, will protect the identities
and safety of confidential informants
and of law enforcement personnel, will
ensure FHFA’s ability to obtain
information from various sources, will
protect the privacy of third-parties, and
will safeguard sensitive information.
Some information contained in this
system of records may be proprietary to
other Federal agencies and subject to
exemptions imposed by those agencies,
including the criminal law enforcement
investigatory material exemption of
5 U.S.C. 552a(j)(2).
[FR Doc. 2010–14912 Filed 6–18–10; 8:45 am]
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BILLING CODE 8070–01–P
FEDERAL RESERVE SYSTEM
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than July 16, 2010.
A. Federal Reserve Bank of
Richmond (A. Linwood Gill, III, Vice
President) 701 East Byrd Street,
Richmond, Virginia 23261–4528:
1. CapGen Capital Group V LLC and
CapGen Capital Group V LP, both of
New York, New York; to become bank
holding companies through the
acquisition of up to 49.9 percent of the
voting securities of Palmetto
Bancshares,Inc., Greenville, South
Carolina, and indirectly acquire The
Palmetto Bank, Greenville, South
Carolina.
B. Federal Reserve Bank of Atlanta
(Clifford Stanford, Vice President) 1000
Peachtree Street, N.E., Atlanta, Georgia
30309:
1. BancTenn Corp., Kingsport
Tennessee; to acquire up to 20 percent
of the outstanding shares of Paragon
Commercial Corporation, and its
subsidiary, Paragon Commercial Bank,
both of Raleigh, North Carolina.
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Board of Governors of the Federal Reserve
System, June 16, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–14885 Filed 6–18–10; 8:45 am]
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FEDERAL RESERVE SYSTEM
[Docket No. OP–1388]
RIN 7100–AD51
Home Mortgage Disclosure Act; Notice
of Hearings
AGENCY: Board of Governors of the
Federal Reserve System.
ACTION: Notice of public hearings;
request for comment.
SUMMARY: The Federal Reserve Board
will conduct four public hearings on
potential revisions to the Board’s
Regulation C, which implements the
Home Mortgage Disclosure Act (HMDA).
HMDA requires mortgage lenders to
provide detailed information about their
mortgage lending activity to federal
agencies and the public. Consumers,
consumer advocacy organizations,
mortgage lenders, and other interested
parties will be invited to participate in
the hearings. The Board also invites
members of the public to attend the
hearings and to comment on the issues
that will be the focus of the hearings.
Additional information about the
hearings will be posted to the Board’s
Web site at https://
www.federalreserve.gov.
DATES: The hearings are scheduled as
follows.
Thursday, July 15, 2010: Federal
Reserve Bank of Atlanta, 1000
Peachtree Street, NE., Atlanta, GA
30309, 8 a.m. to 1 p.m.
Thursday, August 5, 2010: Federal
Reserve Bank of San Francisco, 101
Market Street, San Francisco, CA
94105, 8 a.m. to 1 p.m.
Thursday, September 16, 2010:
Federal Reserve Bank of Chicago,
230 South LaSalle St., Chicago, IL
60604, 8 a.m. to 1 p.m.
Friday, September 24, 2010: Federal
Reserve Board, 20th Street and
Constitution Avenue, NW.,
Washington, DC 20551, 8 a.m. to
3:30 p.m.
Comments from persons unable to
attend the hearings or otherwise
wishing to submit written views on the
issues raised in this notice must be
received by August 20, 2010.
ADDRESSES: You may submit comments,
identified by Docket No. OP–1388, by
any of the following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
• E-mail:
regs.comments@federalreserve.gov.
Include the docket number in the
subject line of the message.
• Fax: (202) 452–3819 or (202) 452–
3102.
• Mail: Address to Jennifer J. Johnson,
Secretary, Board of Governors of the
Federal Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments will be made
available on the Board’s Web site at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical
reasons. Accordingly, comments will
not be edited to remove any identifying
or contact information. Public
comments may also be viewed
electronically or in paper form in Room
MP–500 of the Board’s Martin Building
(20th and C Streets, NW.) between 9
a.m. and 5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT:
Jennifer S. Benson, Jamie Z. Goodson, or
Maureen C. Yap, Attorneys, Paul
Mondor, Senior Attorney, or John C.
Wood, Counsel, Division of Consumer
and Community Affairs, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, at (202)
452–2412 or (202) 452–3667. For users
of Telecommunications Device for the
Deaf (TDD) only, contact (202) 263–
4869.
SUPPLEMENTARY INFORMATION:
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I. Background
A. HMDA and Regulation C
The Home Mortgage Disclosure Act
(HMDA), 12 U.S.C. 2801 et seq., enacted
in 1975, requires depository institutions
and certain for-profit, nondepository
institutions to collect, report to federal
agencies, and disclose to the public data
about originations and purchases of
home mortgage loans (home purchase
and refinancing) and home
improvement loans, as well as loan
applications that do not result in
originations (for example, applications
that are denied or withdrawn). HMDA
has three purposes. First, HMDA data
can be used to help determine whether
institutions are serving the housing
needs of their communities. Second,
HMDA data can help public officials
target public investment to attract
private investment where it is needed.
Third, HMDA data can assist in
identifying possible discriminatory
lending patterns and enforcing
antidiscrimination statutes.
The Board’s Regulation C implements
HMDA. See 12 CFR Part 203. The
information reported under Regulation
C includes, among other items:
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Application date; loan type, purpose,
and amount; property location and type;
race, ethnicity, sex, and annual income
of the loan applicant; action taken on
the loan application (approved, denied,
withdrawn, etc.), and date of that action;
whether the loan is covered by the
Home Ownership and Equity Protection
Act (HOEPA); lien status (first lien,
subordinate lien, or unsecured); and
certain loan price information.
Institutions report HMDA data to their
supervisory agencies on an applicationby-application basis using a register
format. Institutions must make their
loan/application registers available to
the public, with certain fields redacted
to preserve applicants’ privacy. The
Federal Financial Institutions
Examination Council, on behalf of the
supervisory agencies, compiles the
reported data and prepares an
individual disclosure statement for each
institution, aggregate reports for all
covered institutions in each
metropolitan area, and other reports.
These disclosure statements and reports
are also available to the public.
B. Prior Revisions to Regulation C
HMDA and Regulation C have been
amended numerous times since they
were adopted in 1975. The Board last
conducted a comprehensive review of
Regulation C in 2002. See 67 FR 7222,
February 15, 2002; 67 FR 30771, May 8,
2002; and 67 FR 43218, June 27, 2002.
The 2002 revisions to Regulation C were
intended to facilitate fair lending
analysis and enhance understanding of
the home mortgage market generally and
the subprime market in particular. In
adopting changes to Regulation C, the
Board carefully considered changes that
had occurred in the home mortgage
market, including the growth of
subprime lending.
Among other things, the 2002
revisions to Regulation C:
• Required lenders to report pricing
information for higher-priced mortgage
loans;
• Required lenders to identify loans
subject to HOEPA;
• Required lenders to report denials
of applications received through certain
preapproval programs and permitted
lenders to report requests for
preapproval that are approved but not
accepted;
• Expanded the coverage of
nondepository lenders by adding a loan
origination dollar-volume threshold of
$25 million;
• Required lenders to report whether
a loan involves a manufactured home;
and
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• Required lenders to ask applicants
their ethnicity, race, and sex in
applications taken by telephone.
In 2008, the Board amended
Regulation C to revise the rules for
reporting price information on higherpriced mortgage loans. See 73 FR 63329,
October 24, 2008. These revisions
conformed Regulation C requirements to
the definition of ‘‘higher-priced
mortgage loan’’ adopted by the Board
under Regulation Z (Truth in Lending)
in July 2008. The Regulation C revisions
required lenders to report the spread
between a loan’s annual percentage rate
and a survey-based estimate of annual
percentage rates currently offered on
prime mortgage loans of a comparable
type if the spread is equal to or greater
than 1.5 percentage points for a first-lien
loan or 3.5 percentage points for a
subordinate-lien loan.
II. Information About the Hearings
The hearings are open to the public.
Seating will be limited, however.
Visitors will be required to register in
advance for security purposes.
All hearings will include panel
discussions by invited speakers. Other
members of the public may deliver oral
statements of five minutes or less during
an ‘‘open-mike’’ period. Written
statements of any length may be
submitted for the record by submitting
comments in accordance with the
instructions above.
Information on registration to attend
the hearings, registration to deliver an
oral statement, and other information
about the hearings, as it becomes
available, will be posted on the Board’s
Web site at https://
www.federalreserve.gov.
III. Hearings Topics and Request for
Comment
The hearings will serve three
objectives. First, the Board will gather
information to evaluate the effectiveness
of the 2002 revisions to Regulation C in
providing useful and accurate
information about the mortgage market.
Second, the hearings will provide
information that will assist the Board in
its pending review of Regulation C and
help assess the need for additional data.
Third, the hearings will help identify
emerging issues in the mortgage market
that may warrant additional research.
The hearings’ panel discussions will
focus on, and the Board solicits public
comment on, the matters described
below. The Board asks that commenters
address the importance or utility of
particular information in light of the
purposes of HMDA and the burdens and
possible privacy risks associated with
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collecting and reporting that
information.
A. Data Elements
As part of its review of Regulation C,
the Board is seeking to identify ways to
improve the quality and usefulness of
HMDA data. The Board therefore is
considering whether any data elements
should be added, modified, or deleted.
For example, Regulation C currently
does not require lenders to submit
information on several factors lenders
routinely use to make credit decisions
and set loan prices. These factors
include information about the
borrower’s creditworthiness and loanto-value and debt-to-income ratios.
Regulation C also currently does not
require lenders to submit other
information that some HMDA data users
and others have identified as potentially
useful, such as an applicant’s age and a
loan’s originator channel (i.e., whether a
loan is originated directly by the lender
or through a third party originator such
as a mortgage broker or correspondent).
In addition, Regulation C currently
requires lenders to report rate spread
data only for higher-priced mortgage
loans.
Some HMDA data users and others
believe that collecting additional
information would improve the
usefulness of HMDA data in identifying
possible discriminatory lending patterns
and enforcing antidiscrimination
statutes. On the other hand, the Board
recognizes that requiring institutions to
report additional data elements would
increase reporters’ compliance burden
and costs and could pose risks to
consumers’ privacy.
In addition, Regulation C currently
requires lenders to report only the
amount of an applicant’s income relied
on in processing the application.
Because lenders report only income
they relied on in considering an
application, HMDA data users cannot
distinguish low- or moderate-income
applicants from higher-income
applicants who rely on only a portion of
their income for purposes of their loan
applications. Some HMDA data users
and others have suggested that HMDA
data would be more useful for
determining whether institutions serve
the housing needs of low- and
moderate-income individuals if lenders
were required to collect and report each
applicant’s total income, rather than just
that relied on.
The Board recognizes, however, that it
may be difficult to measure total income
in a way that generates consistent,
meaningful data because lenders may
not collect information on applicants’
total income in all cases. For example,
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an applicant may qualify for a particular
loan on the basis of salary alone, and
therefore may not provide the lender
with information on other sources of
income, such as an annual bonus,
investment income, or alimony. Income
sources that are included on an
application would be easier for lenders
to report but would not necessarily
provide reliable information. To the
extent lenders do not rely on such
income they likely would not have
verified it, possibly rendering such data
of only questionable utility. Requiring
lenders to collect and report total
income information would increase
reporters’ compliance burden and costs.
The Board requests comment on the
following questions:
• What, if any, additional data should
be collected? What are the benefits,
costs, and privacy issues associated
with requiring lenders to report, for
example: (i) Wnderwriting data such as
borrower’s credit score, loan-to-value
ratio, combined loan-to-value ratio (i.e.,
including both the reported loan and
other debts), and borrower’s debt-toincome ratio; (ii) borrower’s age; (iii)
loan originator channel; and (iv) rate
spreads for all loans, instead of only for
higher-priced loans?
• Should any existing data elements
be modified? If so, how? For example,
what are the benefits, costs, and privacy
issues associated with requiring lenders
to report total income, rather than
income relied on by the lender?
• Should any existing data elements
be eliminated? Why?
B. Coverage and Scope
Coverage
Regulation C currently requires
depository institutions (i.e., banks,
savings associations, and credit unions)
and for-profit mortgage lenders to
submit HMDA data if they meet criteria
set forth in the rule. Whether a
depository institution or other mortgage
lender is required to report depends on
its size, the extent of its business in a
metropolitan statistical area, and the
extent to which it engages in residential
mortgage lending. Some HMDA data
users and others believe that other types
of institutions, such as mortgage brokers
and non-lender loan purchasers, also
should be required to collect and report
HMDA data. The Board requests
comment on the following questions:
• Should mortgage brokers and nonlender loan purchasers be required to
report HMDA data? Should other types
of institutions be required to report? If
so, which types?
• Should any types of institutions be
exempt from reporting?
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• Should the rules governing who
must collect and report HMDA data be
revised in other ways? If so, how?
Scope
Regulation C currently requires
lenders to report information about
home purchase loans, home
improvement loans, and refinancings of
home purchase loans. The Board
requests comment on the following
questions:
• Should any other types of mortgage
loans be reported?
• Should any types of mortgage loans
be excluded from reporting?
• Should the rules governing which
mortgage loans are subject to reporting
be revised in other ways? If so, how?
C. Preapproval Programs
Regulation C currently requires
lenders to collect and report data
regarding requests under a preapproval
program if the preapproval request is
denied; preapproval requests that are
approved but not accepted may be
reported at the lender’s option.
Regulation C defines a preapproval
program as a program in which a lender,
after a comprehensive review of the
creditworthiness of the applicant, issues
a written commitment to the applicant
valid for a designated period of time to
extend a home purchase loan up to a
specified amount. Questions have been
raised regarding whether lenders use
preapproval programs as defined by
Regulation C and whether there is a
clear benefit to requiring lenders to
report on these programs. The Board
also is aware that some lenders may
have difficulty applying the definition
of preapproval program and
determining when this requirement
applies. In addition, lenders that do
understand the definition may evade the
reporting requirements, such as by
communicating preapproval decisions
orally.
The Board requests comment on the
following questions:
• Do lenders use preapproval
programs as defined by Regulation C?
• Is there a benefit to requiring
lenders to report on these programs?
• How could the definition of
preapproval program be modified to be
easier to apply and to make reporting
more useful?
D. Compliance and Technical Issues
The Board among other things seeks
to clarify and simplify Regulation C in
order to facilitate compliance and
resolve technical issues. The Board
requests comment on the following
questions:
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• What are the most common
compliance issues institutions face
under HMDA and Regulation C?
• What parts of Regulation C would
benefit from clarification or additional
guidance?
• Are there technical issues regarding
Regulation C that should be resolved?
E. Other Issues
As part of its review of Regulation C,
the Board is seeking to identify
emerging issues in the mortgage market
that may warrant additional research,
respond to technological and other
developments, reduce undue regulatory
burden on industry, and delete obsolete
provisions. The Board therefore requests
comment on any emerging issues likely
to affect the usefulness and accuracy of
HMDA data and on any other changes
to Regulation C the Board should
consider.
By order of the Board of Governors of the
Federal Reserve System, June 15, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–14904 Filed 6–18–10; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
[File No. 081 0157]
U-Haul International, Inc. and
AMERCO; Analysis of Agreement
Containing Consent Order to Aid
Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
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ACTION:
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order — embodied in the
consent agreement — that would settle
these allegations.
DATES: Comments must be received on
or before July 9, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to‘‘U-Haul
AMERCO, File No. 081 0157’’ to
facilitate the organization of comments.
Please note that your comment —
including your name and your state —
will be placed on the public record of
this proceeding, including on the
publicly accessible FTC website, at
(https://www.ftc.gov/os/
publiccomments.shtm).
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Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential. . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https//
public.commentworks.com/ftc/UHaulAmerco) and following the
instructions on the web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink:
(https//public.commentworks.com/ftc/
U-HaulAmerco). If this Notice appears
at (https://www.regulations.gov/search/
index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘U-Haul AMERCO,
File No. 081 0157’’ reference both in the
text and on the envelope, and should be
mailed or delivered to the following
address: Federal Trade Commission,
Office of the Secretary, Room H-135
(Annex D), 600 Pennsylvania Avenue,
NW, Washington, DC 20580. The FTC is
requesting that any comment filed in
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
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paper form be sent by courier or
overnight service, if possible, because
U.S. postal mail in the Washington area
and at the Commission is subject to
delay due to heightened security
precautions.
The Federal Trade Commission Act
(‘‘FTC Act’’) and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
website. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Dana Abrahamsen (202-326-2906),
Bureau of Competition, 600
Pennsylvania Avenue, NW, Washington,
D.C. 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 2.34 the Commission Rules
of Practice, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for June 9, 2010), on the
World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). A paper
copy can be obtained from the FTC
Public Reference Room, Room 130-H,
600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
should be filed as prescribed in the
ADDRESSES section above, and must be
received on or before the date specified
in the DATES section.
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Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 35030-35033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14904]
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
[Docket No. OP-1388]
RIN 7100-AD51
Home Mortgage Disclosure Act; Notice of Hearings
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Notice of public hearings; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Reserve Board will conduct four public hearings on
potential revisions to the Board's Regulation C, which implements the
Home Mortgage Disclosure Act (HMDA). HMDA requires mortgage lenders to
provide detailed information about their mortgage lending activity to
federal agencies and the public. Consumers, consumer advocacy
organizations, mortgage lenders, and other interested parties will be
invited to participate in the hearings. The Board also invites members
of the public to attend the hearings and to comment on the issues that
will be the focus of the hearings. Additional information about the
hearings will be posted to the Board's Web site at https://www.federalreserve.gov.
DATES: The hearings are scheduled as follows.
Thursday, July 15, 2010: Federal Reserve Bank of Atlanta, 1000
Peachtree Street, NE., Atlanta, GA 30309, 8 a.m. to 1 p.m.
Thursday, August 5, 2010: Federal Reserve Bank of San Francisco,
101 Market Street, San Francisco, CA 94105, 8 a.m. to 1 p.m.
Thursday, September 16, 2010: Federal Reserve Bank of Chicago, 230
South LaSalle St., Chicago, IL 60604, 8 a.m. to 1 p.m.
Friday, September 24, 2010: Federal Reserve Board, 20th Street and
Constitution Avenue, NW., Washington, DC 20551, 8 a.m. to 3:30 p.m.
Comments from persons unable to attend the hearings or otherwise
wishing to submit written views on the issues raised in this notice
must be received by August 20, 2010.
ADDRESSES: You may submit comments, identified by Docket No. OP-1388,
by any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
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E-mail: regs.comments@federalreserve.gov. Include the
docket number in the subject line of the message.
Fax: (202) 452-3819 or (202) 452-3102.
Mail: Address to Jennifer J. Johnson, Secretary, Board of
Governors of the Federal Reserve System, 20th Street and Constitution
Avenue, NW., Washington, DC 20551.
All public comments will be made available on the Board's Web site
at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical reasons. Accordingly, comments
will not be edited to remove any identifying or contact information.
Public comments may also be viewed electronically or in paper form in
Room MP-500 of the Board's Martin Building (20th and C Streets, NW.)
between 9 a.m. and 5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT: Jennifer S. Benson, Jamie Z. Goodson,
or Maureen C. Yap, Attorneys, Paul Mondor, Senior Attorney, or John C.
Wood, Counsel, Division of Consumer and Community Affairs, Board of
Governors of the Federal Reserve System, Washington, DC 20551, at (202)
452-2412 or (202) 452-3667. For users of Telecommunications Device for
the Deaf (TDD) only, contact (202) 263-4869.
SUPPLEMENTARY INFORMATION:
I. Background
A. HMDA and Regulation C
The Home Mortgage Disclosure Act (HMDA), 12 U.S.C. 2801 et seq.,
enacted in 1975, requires depository institutions and certain for-
profit, nondepository institutions to collect, report to federal
agencies, and disclose to the public data about originations and
purchases of home mortgage loans (home purchase and refinancing) and
home improvement loans, as well as loan applications that do not result
in originations (for example, applications that are denied or
withdrawn). HMDA has three purposes. First, HMDA data can be used to
help determine whether institutions are serving the housing needs of
their communities. Second, HMDA data can help public officials target
public investment to attract private investment where it is needed.
Third, HMDA data can assist in identifying possible discriminatory
lending patterns and enforcing antidiscrimination statutes.
The Board's Regulation C implements HMDA. See 12 CFR Part 203. The
information reported under Regulation C includes, among other items:
Application date; loan type, purpose, and amount; property location and
type; race, ethnicity, sex, and annual income of the loan applicant;
action taken on the loan application (approved, denied, withdrawn,
etc.), and date of that action; whether the loan is covered by the Home
Ownership and Equity Protection Act (HOEPA); lien status (first lien,
subordinate lien, or unsecured); and certain loan price information.
Institutions report HMDA data to their supervisory agencies on an
application-by-application basis using a register format. Institutions
must make their loan/application registers available to the public,
with certain fields redacted to preserve applicants' privacy. The
Federal Financial Institutions Examination Council, on behalf of the
supervisory agencies, compiles the reported data and prepares an
individual disclosure statement for each institution, aggregate reports
for all covered institutions in each metropolitan area, and other
reports. These disclosure statements and reports are also available to
the public.
B. Prior Revisions to Regulation C
HMDA and Regulation C have been amended numerous times since they
were adopted in 1975. The Board last conducted a comprehensive review
of Regulation C in 2002. See 67 FR 7222, February 15, 2002; 67 FR
30771, May 8, 2002; and 67 FR 43218, June 27, 2002. The 2002 revisions
to Regulation C were intended to facilitate fair lending analysis and
enhance understanding of the home mortgage market generally and the
subprime market in particular. In adopting changes to Regulation C, the
Board carefully considered changes that had occurred in the home
mortgage market, including the growth of subprime lending.
Among other things, the 2002 revisions to Regulation C:
Required lenders to report pricing information for higher-
priced mortgage loans;
Required lenders to identify loans subject to HOEPA;
Required lenders to report denials of applications
received through certain preapproval programs and permitted lenders to
report requests for preapproval that are approved but not accepted;
Expanded the coverage of nondepository lenders by adding a
loan origination dollar-volume threshold of $25 million;
Required lenders to report whether a loan involves a
manufactured home; and
Required lenders to ask applicants their ethnicity, race,
and sex in applications taken by telephone.
In 2008, the Board amended Regulation C to revise the rules for
reporting price information on higher-priced mortgage loans. See 73 FR
63329, October 24, 2008. These revisions conformed Regulation C
requirements to the definition of ``higher-priced mortgage loan''
adopted by the Board under Regulation Z (Truth in Lending) in July
2008. The Regulation C revisions required lenders to report the spread
between a loan's annual percentage rate and a survey-based estimate of
annual percentage rates currently offered on prime mortgage loans of a
comparable type if the spread is equal to or greater than 1.5
percentage points for a first-lien loan or 3.5 percentage points for a
subordinate-lien loan.
II. Information About the Hearings
The hearings are open to the public. Seating will be limited,
however. Visitors will be required to register in advance for security
purposes.
All hearings will include panel discussions by invited speakers.
Other members of the public may deliver oral statements of five minutes
or less during an ``open-mike'' period. Written statements of any
length may be submitted for the record by submitting comments in
accordance with the instructions above.
Information on registration to attend the hearings, registration to
deliver an oral statement, and other information about the hearings, as
it becomes available, will be posted on the Board's Web site at https://www.federalreserve.gov.
III. Hearings Topics and Request for Comment
The hearings will serve three objectives. First, the Board will
gather information to evaluate the effectiveness of the 2002 revisions
to Regulation C in providing useful and accurate information about the
mortgage market. Second, the hearings will provide information that
will assist the Board in its pending review of Regulation C and help
assess the need for additional data. Third, the hearings will help
identify emerging issues in the mortgage market that may warrant
additional research.
The hearings' panel discussions will focus on, and the Board
solicits public comment on, the matters described below. The Board asks
that commenters address the importance or utility of particular
information in light of the purposes of HMDA and the burdens and
possible privacy risks associated with
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collecting and reporting that information.
A. Data Elements
As part of its review of Regulation C, the Board is seeking to
identify ways to improve the quality and usefulness of HMDA data. The
Board therefore is considering whether any data elements should be
added, modified, or deleted.
For example, Regulation C currently does not require lenders to
submit information on several factors lenders routinely use to make
credit decisions and set loan prices. These factors include information
about the borrower's creditworthiness and loan-to-value and debt-to-
income ratios. Regulation C also currently does not require lenders to
submit other information that some HMDA data users and others have
identified as potentially useful, such as an applicant's age and a
loan's originator channel (i.e., whether a loan is originated directly
by the lender or through a third party originator such as a mortgage
broker or correspondent). In addition, Regulation C currently requires
lenders to report rate spread data only for higher-priced mortgage
loans.
Some HMDA data users and others believe that collecting additional
information would improve the usefulness of HMDA data in identifying
possible discriminatory lending patterns and enforcing
antidiscrimination statutes. On the other hand, the Board recognizes
that requiring institutions to report additional data elements would
increase reporters' compliance burden and costs and could pose risks to
consumers' privacy.
In addition, Regulation C currently requires lenders to report only
the amount of an applicant's income relied on in processing the
application. Because lenders report only income they relied on in
considering an application, HMDA data users cannot distinguish low- or
moderate-income applicants from higher-income applicants who rely on
only a portion of their income for purposes of their loan applications.
Some HMDA data users and others have suggested that HMDA data would be
more useful for determining whether institutions serve the housing
needs of low- and moderate-income individuals if lenders were required
to collect and report each applicant's total income, rather than just
that relied on.
The Board recognizes, however, that it may be difficult to measure
total income in a way that generates consistent, meaningful data
because lenders may not collect information on applicants' total income
in all cases. For example, an applicant may qualify for a particular
loan on the basis of salary alone, and therefore may not provide the
lender with information on other sources of income, such as an annual
bonus, investment income, or alimony. Income sources that are included
on an application would be easier for lenders to report but would not
necessarily provide reliable information. To the extent lenders do not
rely on such income they likely would not have verified it, possibly
rendering such data of only questionable utility. Requiring lenders to
collect and report total income information would increase reporters'
compliance burden and costs.
The Board requests comment on the following questions:
What, if any, additional data should be collected? What
are the benefits, costs, and privacy issues associated with requiring
lenders to report, for example: (i) Wnderwriting data such as
borrower's credit score, loan-to-value ratio, combined loan-to-value
ratio (i.e., including both the reported loan and other debts), and
borrower's debt-to-income ratio; (ii) borrower's age; (iii) loan
originator channel; and (iv) rate spreads for all loans, instead of
only for higher-priced loans?
Should any existing data elements be modified? If so, how?
For example, what are the benefits, costs, and privacy issues
associated with requiring lenders to report total income, rather than
income relied on by the lender?
Should any existing data elements be eliminated? Why?
B. Coverage and Scope
Coverage
Regulation C currently requires depository institutions (i.e.,
banks, savings associations, and credit unions) and for-profit mortgage
lenders to submit HMDA data if they meet criteria set forth in the
rule. Whether a depository institution or other mortgage lender is
required to report depends on its size, the extent of its business in a
metropolitan statistical area, and the extent to which it engages in
residential mortgage lending. Some HMDA data users and others believe
that other types of institutions, such as mortgage brokers and non-
lender loan purchasers, also should be required to collect and report
HMDA data. The Board requests comment on the following questions:
Should mortgage brokers and non-lender loan purchasers be
required to report HMDA data? Should other types of institutions be
required to report? If so, which types?
Should any types of institutions be exempt from reporting?
Should the rules governing who must collect and report
HMDA data be revised in other ways? If so, how?
Scope
Regulation C currently requires lenders to report information about
home purchase loans, home improvement loans, and refinancings of home
purchase loans. The Board requests comment on the following questions:
Should any other types of mortgage loans be reported?
Should any types of mortgage loans be excluded from
reporting?
Should the rules governing which mortgage loans are
subject to reporting be revised in other ways? If so, how?
C. Preapproval Programs
Regulation C currently requires lenders to collect and report data
regarding requests under a preapproval program if the preapproval
request is denied; preapproval requests that are approved but not
accepted may be reported at the lender's option. Regulation C defines a
preapproval program as a program in which a lender, after a
comprehensive review of the creditworthiness of the applicant, issues a
written commitment to the applicant valid for a designated period of
time to extend a home purchase loan up to a specified amount. Questions
have been raised regarding whether lenders use preapproval programs as
defined by Regulation C and whether there is a clear benefit to
requiring lenders to report on these programs. The Board also is aware
that some lenders may have difficulty applying the definition of
preapproval program and determining when this requirement applies. In
addition, lenders that do understand the definition may evade the
reporting requirements, such as by communicating preapproval decisions
orally.
The Board requests comment on the following questions:
Do lenders use preapproval programs as defined by
Regulation C?
Is there a benefit to requiring lenders to report on these
programs?
How could the definition of preapproval program be
modified to be easier to apply and to make reporting more useful?
D. Compliance and Technical Issues
The Board among other things seeks to clarify and simplify
Regulation C in order to facilitate compliance and resolve technical
issues. The Board requests comment on the following questions:
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What are the most common compliance issues institutions
face under HMDA and Regulation C?
What parts of Regulation C would benefit from
clarification or additional guidance?
Are there technical issues regarding Regulation C that
should be resolved?
E. Other Issues
As part of its review of Regulation C, the Board is seeking to
identify emerging issues in the mortgage market that may warrant
additional research, respond to technological and other developments,
reduce undue regulatory burden on industry, and delete obsolete
provisions. The Board therefore requests comment on any emerging issues
likely to affect the usefulness and accuracy of HMDA data and on any
other changes to Regulation C the Board should consider.
By order of the Board of Governors of the Federal Reserve
System, June 15, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010-14904 Filed 6-18-10; 8:45 am]
BILLING CODE 6210-01-P