Congress Considers Consumer Privacy Bills

The U.S. House of Representatives Financial Services Committee, along with the House Energy and Commerce Committee, recently introduced two draft bills that would have a significant impact on the mortgage industry if enacted.   The bills would update existing federal law on the protection of consumer sensitive data, namely the Gramm-Leach-Bliley Act (GLBA), and also address the developing patchwork of state laws governing private consumer information.   

 

New Nebraska Tangible Net Benefit Form Added for Refinances

On February 20, 2026, the Nebraska Legislature passed a bill, Legislative Bill 717 (LB 717), that adds a new requirement for lenders to complete and provide to the borrower a tangible net benefit form for all refinances of mortgage loans.   As part of the state’s residential mortgage licensing laws and also its installment loans and sales laws, lenders or licensees will now be required to disclose whether any refinance provides a tangible net benefit to the borrower.&

Preemption

In the context of legal analysis, when a higher authority of law overrides the law of a lower authority.  In US law, this mainly arises when a federal law preempts a state law, leaving only the federal law applicable, which is due to the Supremacy Clause of the U.S. Constitution.     

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