Research & Policy

CRL and other advocates join mortgage industry leaders in urging regulators to carefully consider how they define mortgages that will be exempt from certain rules. An overly narrow definition could unnecessarily tighten access to home loans.

The National Consumer Law Center ("NCLC") respectfully submits the following comments on behalf of its low income clients, as well as Americans for Financial Reform, California Reinvestment Coalition, the Center for Responsible Lending, Consumer Action, Consumers Union, National Association of Consumer Advocates, National Community Reinvestment Coalition, National Fair Housing Alliance and the Neighborhood Economic Development Advocacy Project, regarding the Federal...

CRL and allies recommend that regulators include servicing standards when implementing financial reform. This letter also includes specific recommendations for defining a "qualified residential mortgage" that encourages sustainable home loans.

Detailed summary of provisions in Title XIV: "Mortgage Reform and Anti-Predatory Lending Act" Subtitles A-C: Mortgage Originations Contents: Timeline Key Definitions & Concepts "Qualified mortgage" "Residential mortgage loan" "Mortgage originator" Origination standards – originators (Subtitle A) Duty of care Originator compensation (including yield spread premiums) Steering Origination standards – loans (Subtitle B) Ability to Repay Prepayment penalties Other minimum standards...

Payday lenders survive by keeping customers caught in long-term debt, and before 2007, members of the American military service were not off-limits. In fact, payday loan stores clustered around bases, promising quick cash to military families in need, who, when they borrowed from a payday lender more often than not ended up caught in debt at triple-digit interest. Congress acted...

Senior policy counsel Julia Gordon testifies before a House Financial Services subcommittee that "it is high time for Congress and other policymakers to employ every tool at their disposal" to end the foreclosure crisis.

This color-coded map of payday stores by household reveals a disturbing pattern. Southern states are among the most targeted for these high-cost, low-dollar loans.

"We must address the foreclosure problem head-on with every tool available," Senior Policy Counsel Julia Gordon says as part of her testimony before the Congressional Oversight Panel. The testimony covered HAMP strengths and weaknesses, common loan servicing abuses, and specific policy recommendations for reining in continuing foreclosures.

Credit card offers have grown increasingly complicated since 2000, when Congress required issuers to start disclosing pricing information on credit card offers. But instead of providing clarity to consumers about the true cost of their credit cards, issuers responded to this mandate by adding a confusing array of numbers to their offers, new CRL research finds. Specifically, CRL's research finds...

As a provision of the National Defense Authorization Act for Fiscal Year 2006, the United States Senate asked the Department of Defense to conduct a study on the impact of predatory lending on their troops, and to report on their findings in 180 days. The Department of Defense (DoD) report, "Report on Predatory Lending Practices Directed at Members of the...

Read the full report >> States can stabilize the housing market by preventing unnecessary foreclosures. With the foreclosure crisis in the headlines for over two years now, it is easy to assume that it must be nearing the end. Unfortunately, this crisis is far from over. To date, 2.5 million homeowners have already lost their homes and another 5.7 million...

The Center for Responsible Lender added its signature to a letter from national consumer organizations asking the Office of the Comptroller of the Currency (OCC) to adopt stricter overdraft guidelines. Practices that need to be addressed include enrolling customers in fee-based overdraft when they qualify for much lower-cost coverage, charging excessive fees in amount and frequency, re-ordering transactions to maximize...

SB 1216 has two major components. First, it continues the State Home Foreclosure Prevention Project (SHFPP) through May 31, 2013 and expands the program to cover all NC home loans not just subprime loans. Second, it modifies the points & fees trigger for determining if a mortgage is high-cost. State Home Foreclosure Prevention Project Continued & Expanded This law continues...

SB 1015 protects NC homeowners from a range of predatory practices. The law addresses three main issues: foreclosure rescue scams, abusive lease-option contracts, and abusive contract for deed/land installment sales. Foreclosure Rescue Scams The law cracks down on foreclosure rescue scams where the scammer takes title to the property without taking any responsibility for the mortgage. The law requires that...

SB 1400 requires that foreclosures must proceed through the judicial foreclosure process (rather than power of sale) when the homeowner is on active military duty and the mortgage was entered into prior to active duty service. The bill is meant to complement the Servicemembers Civil Relief Act (SCRA). SCRA already required that a hearing be held before a judge to...

Download the joint letter >> CRL and a cross-section of civil rights, labor, consumer, housing, community, business, and sustainable and responsible investor groups sent a joint letter to the FDIC expressing support for bringing attention to abusive overdraft practices. The groups support the agency's common-sense recommendations for actions banks should take to treat their customers more fairly while offering recommendations...

CRL and other consumer advocates filed a comment letter with the FDIC supporting most aspects of the agency's proposed guidance on overdraft. The groups also made recommendations on how the agency could go even further in protecting consumers from excessive overdraft fees. Here is the summary of key recommendations from CRL, Consumer Federation of America, National Consumer Law Center, Consumer...

Borrowers of color have a higher share of foreclosures and less access to credit. In many ways, this year's 2009 mortgage data submitted by lenders under the Home Mortgage Disclosure Act (HMDA) contained few surprises. As expected, the 2009 results reflect the general downturn in the housing market. And, because of the severe tightening of mortgage capital among the GSEs...

CRL Senior Policy Counsel Ellen Harnick testifies in a joint public hearing held in Atlanta, GA regarding regulatory reforms to the Community Reinvestment Act, and urges the following improvements to CRA: 1. Broaden CRA assessment areas to reflect the actual scope of bank activity. 2. Require that the activities of bank affiliates count toward the CRA rating of their parent...

Structure Independent bureau at the Federal Reserve. Director Appointed by President, Confirmed by Senate, 5-year term. Funding Certain percentage of Federal Reserve's budget; additional funding may be made available through Congressional appropriations, at the option of the CFPB Director. Three categories of regulatory duties Rulemaking Supervision (routine, on-going examination and monitoring for risks and new developments, as well as on-going...

Structure Independent bureau at the Federal Reserve. Director Appointed by President, Confirmed by Senate, 5-year term. Funding Certain percentage of Federal Reserve's budget; additional funding may be made available through Congressional appropriations, at the option of the CFPB Director. Three categories of regulatory duties Rulemaking Supervision (routine, on-going examination and monitoring for risks and new developments, as well as on-going...

Download this brief (PDF) >> Fed Issues Final Rules on Yield Spread Premiums The Federal Reserve Board issued final rules that take a big step forward in reining in arbitrary overcharges on mortgages resulting from "yield spread premiums" – i.e., kickbacks to brokers or lenders for making loans more expensive when borrowers qualify for a better deal. Background On Monday...

Read the full report (PDF) >> Read the executive summary (PDF) >> California and the United States are in the midst of the worst foreclosure crisis since the Great Depression. Across the country, foreclosures have hit an all-time high, with nearly one in ten homes with a mortgage currently in some stage of foreclosure. In California, nearly one in eight—or...

CRL's comments to the FHA on ensuring access to credit for low-wealth and minority borrowers as the agency considers risk management initiatives.

An overview of the Dodd-Frank financial reform law, focusing on the Consumer Financial Protection Bureau and mortgage lending provisions. Prepared by Chris Kukla, CRL's Senior Counsel for Government Affairs.