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2026 Federal Regulatory Agenda: Key Highlights and Upcoming Rules

2026 Federal Regulatory Agenda: Key Highlights and Upcoming Rules

Sharing that the 2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions was published on July 3, 2026. The Unified Agenda and Regulatory Plan provide uniform reporting of data on regulatory and deregulatory actions under development throughout the Federal government, covering over 60 departments, agencies, and commissions. I will highlight that the Final Rule for Reg X appears to be scheduled to be published in August 2026.

Link to the Agenda: https://www.reginfo.gov/public/do/eAgendaMain

Highlights that stuck out upon review, excerpts copied and pasted directly from the Agenda:

Consumer Financial Protection Bureau:
  • Pre-Rule Stage:
    • Ability to Repay/Qualified Mortgages 3170-AB35
  • Proposed Rule Stage:
    • Procedures for Guidance Documents 3170-AB41
    • Procedures for Periodic Review of Bureau Regulations 3170-AB44
  • Final Rule Stage:
    • Streamlining Mortgage Servicing for Borrowers Experiencing Payment Difficulties (Regulation X) 3170-AB04
      • Scheduled to be published August 2026:

In January 2013, the Consumer Financial Protection Bureau (Bureau) issued final mortgage servicing rules implementing numerous provisions of the Real Estate Settlement Procedures Act and the Truth in Lending Act, as amended by title XIV of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Bureau has since made various corrections, clarifications, and other amendments to those rules. During and after the COVID-19 pandemic, the Bureau observed that there were places where the rules could be revised to reduce unnecessary complexity. In 2022, the Bureau asked the public for input on ways to reduce risks for borrowers who experience disruptions in their ability to make mortgage payments, including input on the mortgage forbearance options available to borrowers. In particular, the Bureau sought input on the features of COVID-19 pandemic-related forbearance programs and whether there are ways to automate and streamline long-term loss mitigation assistance. In July 2024, the Bureau issued a proposed rule to simplify and streamline the mortgage servicing rules.

  • Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X, Rescission 3170-AB42
  • The Consumer Financial Protection Bureau (Bureau) has issued an interim final rule rescinding the CFPB’s final rule Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA).
    • Finalization Scheduled for November 2026
  • Rescission of State Official Notification Rules 3170-AB43
  • Legal Standard Applicable to Supervisory Designation Proceedings 3170-A B45
  • Consumer Financial Civil Penalty Fund Rule Amendment 3170-AB58
Department of Agriculture:
  • Proposed Rule Stage:
    • 7 CFR 3555--Single Family Housing Guaranteed Loan Program (SFHGLP)--Income Producing Accessory Dwelling Unit (ADU) Provisions 0575-AD45
    • 7 CFR Part 3555 – SFHGLP; Principal, Interest, Taxes, and Insurance (PITI) Ratio and Interested Party Concession Updates 0575-AD47
    • Single Family Housing Guaranteed Loan Program (SFHGLP); Contractor Requirements, Manufactured Home Title Work Requirements, and Rehabilitation Loan Program 0575-AD49
    • 7 CFR Part 3550 Modernization and Improvement of Single Family Housing Direct Programs 0575-AD51
    • 7 CFR Part 3550 Implementation of Housing Opportunity Through Modernization Act (HOTMA) of Single Family Housing (SFH) Direct Programs 0575-AD53
  • Final Rule Stage:
    • 7 CFR 3555, Section 502- Single Family Housing Guaranteed Loan Programs 0575-AD38
Department of Housing and Urban Development:
  • Proposed Rule Stage:
    • Streamlining and Revising HUD's Free Assumability and Conveyance Restrictions for Federal Housing Administration (FHA) Mortgages (FR-6052) 2502-AJ41
    • Single Family Mortgage Insurance Updates to Claims Procedures, Curtailment of Interest and Disallowance of Certain Expenses Incurred Beyond Established Timeframes, and Claim Filing Deadlines (FR-6206) 2502-AJ53:
      • “Over the past decade, the costs associated with servicing both performing and non-performing mortgages throughout the industry have increased significantly. This adversely impacts servicers as well as borrowers who have the costs passed onto them in the form of higher mortgage fees. This proposed rule would streamline the requirements related to curtailment of interest and other expenses incurred for missing certain servicing deadlines when filing a claim to HUD. These changes would reduce costs for forward mortgage servicers significantly. This rule also proposes to establish deadlines that define FHA’s liability for claim payments for insurance benefits. This change would improve HUD's ability to manage the Mutual Mortgage Insurance (MMI) Fund by enabling HUD to understand its outstanding claim payment obligations, helping to ensure program integrity, and minimizing potential fraud and abuse.”
    • Revision of Time Restrictions on Property Re-sales (FR-6354) 502-AJ67
    • Streamlining and Revising HUD's Partial Claim Program (FR-6578) 2502-AJ84:
      • HUD’s partial claim regulations at 24 CFR 203.371 and 203.414 were last updated in 2007 and 1997, respectively. Since that time, the Helping Families Save Their Homes from Foreclosure Act of 2009 (Pub. L. 111-22) (HEARTH) amended the partial claim provisions of Section 230 of the National Housing Act (12 U.S.C. 1715u). Also, partial claim and other loss mitigation requirements changed through Mortgagee Letter as permitted by HEARTH and HUD expanded partial claim types to include new terms and options. HUD is updating 24 CFR 203.371 and 203.414 to reflect the current statutory and policy requirements and partial claim options. Additionally, HUD is proposing to revise the partial claim regulations to provide for the partial claim debt to be secured under the FHA-insured first mortgage, instead of under a subordinate note and mortgage as currently required. Securing payments under the first mortgage aligns with other payment deferral programs used by the mortgage industry and avoids judicial foreclosure of the partial claim when possible. Overall, these change would modernize the program, reduce foreclosure challenges, and save taxpayer dollars by increasing partial claim recoveries for the Mutual Mortgage Insurance Fund while greatly reducing HUD’s costs.
  • Final Rule Stage:
    • Federal Housing Administration (FHA): Single Family Sale Program (FR-6577) 2502-AJ83
Department of Veteran Affairs:
  • Proposed Rule Stage:
    • Loan Guaranty: Updating Minimum Property Requirements for VA-Guaranteed and Direct Loans 2900-AS02
    • Expanding Options for Veterans to Avoid Home Foreclosures 2900-AS78:
      • The Department of Veterans Affairs (VA) proposes to amend its regulations to ensure servicers provide veterans with appropriate options, including a partial claim, in an effort to avoid foreclosure of a VA-guaranteed loan. This proposed rule implements the Veterans Home Loan Program Reform Act (the Act), including prescribing a mandatory sequence of loss mitigation options for servicers and establishing a temporary, five-year partial claim program.
    • Loan Guaranty: Ensuring Veterans' Competitiveness in the Homebuying Market 2900-AS83:
      • The Department of Veterans Affairs (VA) proposes to revise its regulation for fees and charges to allow homebuying veterans to pay for buyer-related real estate broker services when purchasing a home using a VA-guaranteed loan. VA is proposing to allow veteran buyers to pay their buyer-broker fees in light of recent changes to real estate brokerage industry norms to ensure that veterans remain competitive homebuyers.
  • Final Rule Stage:
    • Loan Guaranty: Adjustable-Rate Mortgages, Hybrid Adjustable Rate Mortgages, and Temporary Buydown Agreements 2900-AS08
    • Loan Guaranty: Loan Reporting and Partial or Total Loss of Guaranty or Insurance 2900-AS16
    • Removing Unnecessary Loan Guaranty Regulations 2900-AT03
Federal Housing Finance Agency:
  • Proposed Rule Stage:
    • Enterprise Duty to Serve Underserved Markets Amendments 2590-AB64:
      • The Federal Housing Finance Agency (FHFA or Agency) proposes to rescind its regulation on Duty to Serve Underserved Markets and replace it with a new rule. The proposed rule would enable the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises) to better serve the needs of very low-, low-, and moderate-income families in the manufactured housing, affordable housing preservation, and rural housing markets through greater innovation and with less administrative burden.
    • Suspended Counterparty Program Amendment 2590-AB23:
      • The reproposed rule is withdrawn and a new proposed rule amendment will be published. The new proposed rule would amend the Suspended Counterparty Program Regulation (12 CFR part 1227) to clarify that, consistent with the revised examination guidance of federal banking regulators, "reputational harm" is not considered when deciding to issue a suspension order.
    • Repeal of Core Mission Activities Regulations (12 CFR part 1265) 2590-AB51:
      • The proposed rule would repeal the existing Core Mission Activities regulations (12 CFR part 1265) which set forth the responsibilities of the boards of directors and senior management of the Federal Home Loan Banks (Banks) as a means of ensuring that they fulfill their duties to operate the Banks in a safe and sound manner and in furtherance of the Banks' housing finance and community lending mission.
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