Federal Agencies
Browse articles from all of our Newsletters related to Federal Agencies.
May 17, 2012 - Inside Mortgage Finance
Industry Views CFPB Pending Rule on L.O. Comp, Points, Fees Through Prism of Flawed Dodd-Frank
Mortgage lending industry representatives are apprehensive about how the underlying economics of originating a mortgage are going to be affected by a proposal expected sometime this summer from the Consumer Financial Protection Bureau. Among the issues the CFPB indicated it will be considering is a requirement that consumers get a lower interest rate when they pay discount points. The bureau is also thinking about requiring lenders to offer consumers a no-discount-point loan option, as well as banning origination charges that vary with the size of the mortgage. The CFPB is also going to look...
May 14, 2012 - Inside Regulatory Strategies
House GOP Members Press Cordray for CFPB Budget Details
Three Republicans on the House Committee on Financial Services again pressed Consumer Financial Protection Bureau Director Richard Cordray for additional information regarding the agency’s budget, even though Congress does not control the bureau’s purse strings. The Republicans’ justification in pressing the issue is that the bureau’s budget affects the national debt while that of the other non-appropriated federal banking regulators do not. Noting the rising of the federal government’s budget deficit and the fact that the CFPB is funded by the Federal Reserve, the lawmakers...
May 11, 2012 - Inside Nonconforming Markets
The Federal Housing Finance Agency’s non-agency mortgage-backed security repurchase claims against UBS can proceed, according to a ruling last week by U.S. District Judge Denise Cote in Manhattan federal court. The decision could also be applied to the other 16 lawsuits the FHFA filed against non-agency MBS issuers. Among other issues, the ruling refuted claims ... [Includes two briefs]
May 10, 2012 - Inside Mortgage Finance
The Consumer Financial Protection Bureau is putting together a group of small businesses related to the mortgage lending industry to brief them on the CFPB’s pending proposed rule on discount points and fees paid to mortgage originators and to gather initial industry input on the subject. Senior officials told the press this week they are assembling a panel per the Small Business Regulatory Enforcement Fairness Act, which requires the CFPB to convene a small business panel before rolling out regulations that the bureau expects to have a significant impact on a substantial number of small business...
May 10, 2012 - Inside Mortgage Finance
Mortgage Lenders Anxious About QM Rule And Disparate Impact as CFPB Sifts Options
The combination of weak legal protection, a narrow definition of “qualified mortgages” and growing use of the disparate impact theory of lending discrimination is creating rifts in the mortgage banking industry and leading some companies to pull back or abandon the market altogether. The ability-to-repay rule being developed by the Consumer Financial Protection Bureau was arguably the most talked-about issue at this week’s secondary market conference held by the Mortgage Bankers Association. Its two major ingredients are a definition of qualified mortgages – loans that are underwritten to certain...
May 3, 2012 - Inside Mortgage Finance
Complexities of the QM/QRM Standards Mean The Industry Needs a Year to Implement Disclosure Rule
Mortgage industry officials are urging the Consumer Financial Protection Bureau to give the industry plenty of time to implement the extensive – and inter-related – changes that are required under the Dodd-Frank Act. Two of the biggest anxieties these days are the rules on “qualified mortgages” and “qualified residential mortgages” being developed by federal regulators. Another is the CFPB project to integrate Truth in Lending Act/Real Estate Settlement Procedures Act mortgage disclosures. In addition to the fact that none of these rules have been made final, there’s a good deal of angst over how they...
May 3, 2012 - Inside Mortgage Finance
Small Mortgage Servicers Press CFPB to Allow Some Flexibility in Emerging National Standards
Small and medium-sized mortgage servicers want the Consumer Financial Protection Bureau to allow flexibility to accommodate different business models as the agency drafts new national servicing standards that are expected to increase costs. The CFPB rulemaking process is somewhat unique because the Dodd-Frank Act requires that it take small business interests into account as it develops new regulations. The agency recently convened a panel under the process required by the Small Business Regulatory Enforcement Fairness Act to weigh the impact of new servicing requirements on smaller lenders. “The panel agreed...
April 30, 2012 - Inside Regulatory Strategies
Federal Reserve Board. Federal Deposit Insurance Corp. Office of the Comptroller of the Currency. Consumer Financial Protection Bureau. National Mortgage Servicing Standards Continue. The interagency group of federal banking regulators continues to work to develop prudential standards for mortgage servicing activities in parallel with the Consumer Financial Protection Bureau’s initiative, which focuses on certain aspects of mortgage servicing...
April 30, 2012 - Inside Regulatory Strategies
TILA/GFE Reform, Fair Lending Top Lender Compliance Concerns
The forthcoming combined Truth in Lending Act and Good Faith Estimate disclosure form and related rule pending at the Consumer Financial Protection Bureau is at the top of the list of greatest compliance concerns of mortgage lenders, according to the fourth annual compliance survey by QuestSoft, a provider of compliance software and services to the mortgage industry. Of the 426 lenders that were surveyed on their level of anxiety for regulatory changes, a whopping 81 percent identified this CFPB project as at least a medium (33 percent) or a high (48 percent) concern...
April 30, 2012 - Inside Regulatory Strategies
CFPB Soliciting Small Entities’ Input on Mortgage Servicing Rules
The Consumer Financial Protection Bureau has put together a second panel, as per the Small Business Regulatory Enforcement Fairness Act, tasked with giving the bureau input on the mortgage servicing rules proposal that the CFPB is working on under the Dodd-Frank Wall Street Reform and Consumer Protection Act. “The SBREFA requires the CFPB to convene a small business panel before rolling out regulations that the CFPB director expects to have a significant impact on a substantial number of small business entities,” explained Barbara Mishkin, of counsel in the consumer financial services group...
April 30, 2012 - Inside Regulatory Strategies
CFPB Clarifies Transitional Licensing Under the SAFE Act
It’s now clear that states may provide a transitional license to an individual with a valid license from another state under the Secure and Fair Enforcement for Mortgage Licensing Act and Regulation H. However, they cannot provide a transitional license for a registered loan originator who leaves a federally regulated financial institution to act as a loan originator while pursuing a state license. The clarification came in the form of Consumer Financial Protection Bureau Bulletin 2012-05, issued a week and a half ago, in response to some inquiries...
April 30, 2012 - Inside Regulatory Strategies
Industry Supports Multiple Efforts To Codify Privileged Protections
A handful of mortgage lending-related trade groups joined together to express their strong support of the Consumer Financial Protection Bureau’s proposed rule to codify the legal protections for privileged information that CFPB-regulated financial institutions submit to the bureau. The proposal would make clear that an institution that submits privileged information to the CFPB does not waive any applicable privilege having to do with third parties. It also would make clear that the bureau’s transfer of privileged information to another federal or state agency does not result in a...
April 30, 2012 - Inside Regulatory Strategies
Lenders Press CFPB for QM Full Safe Harbor
The Consumer Financial Protection Bureau must structure the definition of a “qualified mortgage” under its forthcoming ability-to-repay rule as a legal safe harbor with clear, well-defined standards if regulators want to make sure that qualified borrowers across the credit spectrum maintain access to affordable financing, representatives of the financial services, home building and real estate industries said. Writing to the CFPB late last week, a group of 23 trade associations said, “Structuring the QM as a safe harbor and focusing litigation and enforcement activity on...
April 30, 2012 - Inside Regulatory Strategies
Industry Lists Concerns With CFPB Disclosure
An ad hoc coalition of mortgage lender trade group representatives rattled off a host of concerns it has with the draft proposals from the Consumer Financial Protection Bureau for an integrated mortgage disclosure under the Real Estate Settlement Procedures Act and the Truth in Lending Act. The short list of concerns includes the need for careful synchronization with other rulemaking efforts, especially those involving the “qualified mortgage” and “qualified residential mortgage” designations; the negative and unfair results of lowering cost tolerances; the unintended consequences of expanding...
April 27, 2012 - Inside FHA Lending
HUD Eager to See Mortgage Servicing, QM Rules
The Department of Housing and Urban Development said it would review and update as necessary its requirements for servicers of FHA-insured loans in conjunction with the establishment of new standards by the Consumer Financial Protection Bureau. HUD wants to ensure coordination between the FHA and CFPB standards and that each set of standards provides effective solutions for borrowers, said an FHA spokesman. On April 9, the CFPB previewed some of the mortgage servicing rules, which the agency plans to propose this summer and adopt in January 2013. It is unclear whether ...
April 27, 2012 - Mortgage Beat
Mortgage Lending Oversight Remains an Active Priority
Official Washington may be abuzz with talk of Secret Service scandal and presidential campaigns, but there have been plenty of developments related to mortgage lending that we’ve been keeping up with. On the short list: The interagency group of federal banking regulators...
April 27, 2012 - Inside Nonconforming Markets
CFPB Close to Issuing ‘Qualified Mortgage’ Rule
Facing a deadline set by the Dodd-Frank Act for the beginning of 2013, the Consumer Financial Protection Bureau is working on an ability-to-repay rule to define “qualified mortgages.” While industry participants have warned that few non-QMs will be originated, Raj Date, deputy director of the CFPB, said the regulator hopes to ensure that “prudent loans” will benefit from sufficient investor appetite and a competitive market. “We want to avoid any inappropriate disincentive that would prevent lenders from making ...
April 26, 2012 - Inside Mortgage Finance
Comptroller of the Currency Thomas Curry urged elected officials, businesses and grassroots leaders to encourage borrowers to ask for an independent review of their foreclosure files to determine whether they have been damaged financially by improper servicing practices. In remarks to the Greenlining Institute in Los Angeles last week, Curry called upon conference participants to spread the word to borrowers about the independent foreclosure review, a stipulation in the consent orders that 14 major mortgage servicers agreed to a year ago in a deal with federal banking regulators to settle allegations of deficient...
April 26, 2012 - Inside Mortgage Finance
Industry Wants Limited Liability, Consumers Want Access to Credit, Regulators Want Proper Incentives
An ad hoc coalition of trade associations, housing and consumer advocates, and community groups urged the Consumer Financial Protection Bureau last week to craft a “qualified mortgage” rule that encompasses a wide range of mortgage products and underwriting practices to protect credit availability. The varied group, which included the Mortgage Bankers Association, the American Securitization Forum, Consumer Mortgage Coalition and American Bankers Association, acknowledged that its members hold different views about whether the QM should be designed as a safe harbor or a rebuttable presumption...
April 20, 2012 - Inside Mortgage Trends
CFPB Rules Likely to Cut Servicing Profits
New mortgage servicing rules unveiled recently by the Consumer Financial Protection Bureau will likely result in higher mortgage servicing costs and reduced revenue for servicers although some analysts say the rules could have a positive effect on large banks. The CFPB recently previewed some of the servicing rules it plans to issue this summer and finalize by January 2013. Specifically, the rules would require monthly mortgage statements that include mortgage terms, detailed payment information, fee disclosures and loss-mitigation information for delinquent borrowers. They also call for...
April 19, 2012 - Inside Mortgage Finance
CFPB Emphasizes Disparate Impact in Move To Crack Down on Discriminatory Lending
The Consumer Financial Protection Bureau this week indicated it will be pulling out its disparate impact playbook as it launches an offensive against the providers of mortgage credit and other lenders it believes are engaging in discriminatory behavior towards consumers. “We want consumers to avoid the marketplace’s silent pickpocket – discrimination,” said CFPB Director Richard Cordray. “We cannot afford to tolerate practices, intentional or not, that unlawfully price out or cut off segments of the population from the credit markets.” In CFPB Bulletin 2012-04 (Fair Lending), the bureau asserted its...
April 16, 2012 - Inside Regulatory Strategies
U.S. District Court for the District of Columbia. Mortgage Servicing Settlement Approved. Earlier this month, the U.S. District Court for the District of Columbia gave its approval to the consent orders that make up the $25 billion mortgage servicing settlement by federal regulators and 49 state attorneys general into alleged mortgage-related violations by the nationfs five largest mortgage servicers. The federal agencies that signed on to the settlement are the Department of Justice, the Department of Housing and Urban Development, the Department of Treasury...
April 16, 2012 - Inside Regulatory Strategies
Industry Disappointed the CFPB Isn’t Adopting More Suggestions
Four mortgage- and financial services-related trade groups told the Consumer Financial Protection Bureau they’re unhappy the CFPB hasn’t adopted more of the suggestions they’ve made over the numerous iterations the bureau has put out of its Know Before You Owe consolidated consumer disclosure project. The CFPB is currently on the ninth version of its evolving disclosures model. “During the Know Before You Owe iterations, we have submitted a large number of comment letters that walk the CFPB through a large number of very technical, but important details,” the groups said...
April 16, 2012 - Inside Regulatory Strategies
Fed Forces Settlement Over Saxon Foreclosure, Servicing Practices
The Federal Reserve Board recently brought a consent order against Morgan Stanley to deal with what it characterized as a pattern of misconduct and negligence in residential mortgage servicing and foreclosure processing at the Wall Street firm’s Saxon Mortgage Services subsidiary, once the 34th largest mortgage servicer in the United States. “As noted in the announcements relating to the 2011 enforcement actions, the Federal Reserve believes monetary sanctions are appropriate and plans to announce monetary penalties in these cases,” the Fed said. The monetary penalties...
April 16, 2012 - Inside Regulatory Strategies
CFPB Takes Low-Hanging Fruit on L.O. Comp
With all the concern thatfs been raised about loan originator compensation since the mortgage marketfs collapse in 2008, and given a certain amount of gget-toughh rhetoric from leadership at the Consumer Financial Protection Bureau, the agency seemed to take a quick-and-dirty approach when issuing its first pronouncement in topic earlier this month. Back in September 2010, the Federal Reserve put out loan originator compensation rules under the Truth in Lending Act and Regulation Z, effective as of April 6, 2011. Then with enactment of the Dodd-Frank Act of 2010...
April 16, 2012 - Inside Regulatory Strategies
Industry Frets Over Mortgage Servicing Rules
The mortgage lending industry is apprehensive about the multitude of mortgage servicing rules coming its way, and that anxiety is probably well justified, leading industry representatives suggests. Beyond last year’s consent orders and last month’s $25 billion mortgage servicing settlement and all the ramifications they have for industry servicing practices going forward, the most immediate concern has to do with a proposed rule on mortgage servicing due out this summer from the Consumer Financial Protection Bureau. Last week, the CFPB made a public “pre-announcement” of the...
April 13, 2012 - Inside Nonconforming Markets
CFPB Targets Servicing ‘Surprises, Runarounds’
The Consumer Financial Protection Bureau this week detailed servicing rules it will soon propose regarding disclosures to borrowers and servicing procedures. “The mortgage servicing rules we are considering reflect two basic, common sense standards – no surprises and no runarounds,” CFPB Director Richard Cordray said. “They would apply to all mortgage servicers regardless of how they are organized, including banks, thrifts, credit unions and nonbank servicers.” The rule, which will amend the Truth in Lending Act and Real Estate Settlement Procedures Act, is required by the Dodd-Frank Act. The CFPB said it will publish a proposal ...
April 12, 2012 - Inside Mortgage Finance
CFPB Previews Pending Mortgage Servicing Rules, Industry Wants to See Rule Coordination, Fairness
The mortgage banking industry got some advance notice this week on the direction the Consumer Financial Protection Bureau plans on taking when it issues a mortgage servicing proposed rule later this summer. The CFPB said it wants to design mortgage servicing rules to keep mortgage borrowers from getting stuck with costly surprises because of a lack of transparency or getting the runaround from their mortgage servicer because of a lack of accountability. “In recent years, many borrowers have complained that they did not receive the information they needed to help avoid foreclosure,” CFPB Director Richard...
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