Legislation

Browse articles from all of our Newsletters related to Legislation.

September 3, 2015 - Inside Mortgage Finance

Loan Steering, Redlining are Back, DOJ Warns, Regulators, Advocates Call for More Partnerships

Federal regulators and fair housing advocates are calling for continued vigilance in fair lending with the reappearance of mortgage redlining and loan steering. The return of pre-crisis predatory lending practices, like steering and redlining, pose new challenges to the mortgage industry and to minority communities, which have seen their home equity disappear with the collapse of the housing market, said participants in a fair-lending conference hosted by the Department of Housing and Urban Development. Credit scores raise...


September 3, 2015 - Inside Mortgage Finance

Miami’s Lawsuit Alleging Economic Harm by Big Banks Partially Reinstated; M&T Settles Discrimination Claims

Lawsuits filed by the city of Miami against Bank of America, Citigroup and Wells Fargo were revived by an appeals court this week. The fair housing lawsuits allege a decade-long pattern of discriminatory lending that caused the city economic harm. The lawsuits were filed in December 2013. Miami claimed that predatory lending by the banks caused minority-owned properties in the city to fall into unnecessary or premature foreclosure, which deprived Miami of tax revenue and forced the city to spend more on municipal services to combat blight. The city made claims under the Fair Housing Act and state law. The city backed up...


August 24, 2015 - Inside the CFPB

In Brief: All About TRID / Also Worth Noting

Get Your TRID On. The CFPB has put out a Know Before You Owe guide for real estate professionals to help them navigate the upcoming TILA/RESPA Integrated Disclosure rule, otherwise known as TRID. The guide spells out the major elements of the rule, such as the steps associated with closings, and provides an explanation of the new disclosures. Industry pros can download from the bureau’s website print-ready versions in Adobe Acrobat PDF format as well as pre-order printed copies from the U.S. Government Printing Office. TRID Drives ClosingCorp to Integrate With Savana’s Loan Origination Product. ClosingCorp, a San Diego-based residential real estate closing cost data and technology vendor for the mortgage and real estate services industries, has integrated its Loan ...


August 24, 2015 - Inside the CFPB

Mortgage Lenders Again Call For TRID Transition Period

The Federal Financial Institutions Examination Council should institute an official transition period to provide lenders greater clarity and certainty in anticipation of the CFPB’s new TILA/RESPA integrated disclosure rule (TRID) slated to take effect Oct. 3, the American Bankers Association said in a letter to the financial regulatory group. The CFPB is one of the regulatory bodies that comprise the FFIEC. “We request that the FFIEC – on behalf of all banking regulators – formally establish a transition period and clarify how regulators will oversee and examine regulated institutions for TRID compliance during this time,” the ABA said in a recent letter to the council. “In so doing, the FFIEC would provide needed certainty to the credit markets and encourage lenders to ...


August 21, 2015 - Inside FHA/VA Lending

HUD Publishes Latest Updates to FHA Single Family Policy Handbook

The FHA will not issue a new case number for any FHA-to-FHA refinance if the current mortgage has a repair or rehabilitation escrow account in FHA Connection. The change, which is one of several updates to FHA Single Family Policy Handbook 4000.1, applies only to FHA streamline refis. It aims to ensure that escrow funds of the mortgage being refinanced are properly applied as well as conform to system requirements. The updated sections become effective on Sept. 14, 2015. Another change clarifies that the payoff statement for the mortgage being refinanced is the only document required when calculating the maximum mortgage amount for simple refi transactions. In addition, guidance for loan-to-value limits for cash-out refis has been updated to clarify that the 85 percent LTV restriction applies only to cash-out refis. HUD also noted that appraisers have flexibility in regards to when inspections should ...


August 21, 2015 - Inside FHA/VA Lending

VA Adopts Final Rule Aligning ARM Disclosure/Notice Rule with TILA’s

The Department of Veterans Affairs has adopted a final rule aligning the Home Loan Guaranty Program’s disclosure and interest-rate adjustment requirements with the servicing provisions in the Truth in Lending Act, as recently revised by the Consumer Financial Protection Bureau. The rulemaking will ensure VA remains consistent with other consumer finance and housing regulations governing adjustable-rate mortgages, the agency said. The rule is effective Sept. 11, 2015. The VA adopted without the change the rule as proposed on March 30, 2015. In this rule, VA adopted TILA’s minimum 45-day look-back period to clarify that lenders making VA ARMs must meet the statute’s minimum notification requirements. Specifically, disclosures and notifications must be provided to borrowers before an interest-rate adjustment. Lenders are required to adjust ARM rates based on the most recent ...


August 20, 2015 - Inside Mortgage Finance

CFPB Decided Against Early Adoption of New TRID Rule to Avoid Disclosure Mismatch; ABA Calls for Transition Period

While regulators sometimes give lenders the green light to implement new rules before the legal effective date, the Consumer Financial Protection Bureau made no such recommendation for controversial new mortgage disclosures that take effect Oct. 3. An argument could be made for early adoption of the so-called TRID disclosures if they are truly beneficial to consumers and lenders have enough time to test the new forms, said stakeholders. The original effective date was Aug. 1, but that was moved back because of an administrative error by the CFPB. Some lenders have said they were ready for TRID, which consolidates four current forms under the Truth in Lending Act and the Real Estate Settlement Procedures Act into two integrated disclosures, at the beginning of this year. The CFPB is...


August 14, 2015 - Inside Mortgage Trends

Appraisal Reforms Seen as Having a Mixed Impact

Appraisal independence requirements adopted by the government-sponsored enterprises helped reduce the probability of inflated appraisals and made it more difficult to obtain mortgages, according to new research by staff at the Federal Reserve Bank of Philadelphia. Lei Ding, a community development economic advisor at the Philadelphia Fed, and Leonard Nakamura, a vice president and economist, detailed their findings in a paper published at the end of July. The government-sponsored enterprises adopted...


August 10, 2015 - Inside the CFPB

House Panel Passes Four CFPB-Related Measures

Late last month, the House Financial Services Committee passed a handful of industry-sought measures related to the CFPB, including H.R. 3192, the Homebuyers Assistance Act. The legislation would provide a hold harmless period until Feb. 1, 2016, for the TILA/RESPA Integrated Disclosure (TRID) rule that is slated to take effect Oct. 3, 2015. Attorney Richard Andreano, a partner in the mortgage banking unit at the Ballard Spahr law firm, said in a client note that prospects in the Senate, however, are somewhat murky. “An existing bill, S. 1711 (which is a companion bill to H.R. 2213), would provide for a TRID rule hold harmless period until Jan. 1, 2016,” he said. “The bill was introduced on July 7, 2015, and ...


August 10, 2015 - Inside the CFPB

MSAs May be Heading for Extinction Under Bureau Heat

So-called marketing service agreements between lenders and real estate service providers may be going the way of the dodo bird after two top mortgage lenders decided in recent days to pull the plug on such business arrangement, apparently in the face of scrutiny from the CFPB. Prospect Mortgage, a top-30 ranked lender, was the first to officially deep-six its MSAs, ostensibly as a precautionary measure, the company said. The lender said it feared that it could eventually run afoul of the Real Estate Settlement Procedures Act. Then Wells Fargo, the nation’s largest mortgage lender, said it too was withdrawing from certain business arrangements where MSAs are involved with its mortgage unit, citing what it called “increasing uncertainty surrounding regulatory oversight ...


August 6, 2015 - Inside Mortgage Finance

HFSC Passes Safe Harbors for QMs, TRID Enforcement; Shelby’s Reg Relief Proposals Attached to Funding Bill

The House Financial Services Committee has passed a number of mortgage-related bills designed to ease lenders’ liabilities by simplifying rules, reducing complexity and compliance costs, while a streamlined regulatory relief package gained new momentum in the Senate. Late last week, the committee reported out the following bills: H.R. 1210, (Portfolio Lending and Mortgage Access Act); H.R. 1941 (Financial Institutions Examination Fairness and Reform Act); and H.R. 3192 (Homebuyers Assistance Act). H.R. 1210 would modify...


August 6, 2015 - Inside Mortgage Finance

CFPB Throws Down the Gauntlet on Marketing Service Agreements; Lenders and Others Abandoning Programs

The Consumer Financial Protection Bureau appears to have declared war on several decades’ worth of business practices as it encourages lenders and real estate service providers to end their “marketing service agreements” with each other. Moreover, according to industry officials, the CFPB is just getting started on its crackdown as it tries to eliminate both legal and under-the-table business arrangements where a lender – in theory – provides something of value to vendors that it’s conducting business with. The first sign that the mortgage industry is concerned...


August 6, 2015 - Inside Mortgage Finance

Jumbo, Government Programs Excel in Second Quarter’s Booming Purchase-Mortgage Market

The fastest-growing sectors of the mortgage market during the second quarter of 2015 were jumbo loans and government-insured production, according to a new Inside Mortgage Finance ranking and analysis. The conventional-conforming segment remains the biggest piece of the mortgage market, accounting for 52.8 percent of originations during the second quarter. Back in early 2013, when refinance activity accounted for three of every four new home loans, the conventional-conforming share was 68.1 percent. Lenders generated...[Includes two data charts]


July 31, 2015 - Inside MBS & ABS

Ginnie Mae Underscores Importance of Issuer Seasoning Before Engaging in Co-Issuance Programs

Ginnie Mae said new MBS issuers need to gain some experience in the agency’s program before they are allowed to do servicing transfers, but some newly approved issuers have attempted to do so. Roy Hormuth, director of single-family securitization at Ginnie Mae, said there has been some misconception among new issuers about doing a co-issuance program in their first month in the Ginnie program despite the fact that they are not ready for it. New issuers must first demonstrate that they can successfully manage the servicing themselves before they can transfer servicing immediately, he said. In a co-issuance transaction, a company sells...


July 30, 2015 - Inside Mortgage Finance

State Regulators Plot Changes to NMLS Licensing Forms, Mortgage Call Report

State regulators have proposed changes to Nationwide Mortgage Licensing System & Registry licensing forms and call reports that would be a mixed bag for lenders, addressing some concerns while adding new reporting requirements. The proposal from the State Regulatory Registry, a subsidiary of the Conference of State Bank Supervisors, comes two months after an initial request for comments regarding NMLS licensing forms and the mortgage call report (MCR). Comments on the proposal are due Aug. 20. State regulators stuck...


July 30, 2015 - Inside Mortgage Finance

D.C. Circuit Reverses, Finds Texas Bank Has Standing To Challenge CFPB, Cordray’s Appointment as Chief

An appeals court in the D.C. Circuit has ruled that a Texas bank has standing to challenge the constitutionality of the Consumer Financial Protection Bureau, an independent federal agency that regulates consumer financial products and services. A three-person judicial panel unanimously overturned a 2013 district court ruling, which concluded that the plaintiff did not have standing and that its claims were not ripe. In State National Bank of Big Spring, TX, et al. v. Lew, et al., the U.S. Court of Appeals for the D.C. Circuit reversed and ruled that the bank has standing to challenge the constitutionality of the CFPB as well as the recess appointment of its director, Richard Cordray. The bank, joined by two nonprofit organizations, originally filed...


July 30, 2015 - Inside Mortgage Finance

More Needed from CFPB, HUD, Banking Regulators In Reviews of QM, QRM Regulations, GAO Says

The Government Accountability Office wants federal regulators responsible for reviewing the qualified mortgage and qualified residential mortgage rules to make sure they consider specific metrics and analytic methods. The Consumer Financial Protection Bureau, the Department of Housing and Urban Development, and the other federal agencies are slated to issue a review of the QM rule in January. The review of the QRM standard, part of a mortgage-securitization rule, won’t happen until 2019. So far, the regulatory agencies have identified...


July 30, 2015 - Inside Mortgage Finance

House Moves to Expand QM Safe Harbor While Senate Backs Away From GSE Tax for Highways

The House Financial Services Committee this week marked up legislation to block pay raises for the top executives at Fannie Mae and Freddie Mac and to extend qualified-mortgage status to loans originated for an institution’s retained portfolio. H.R. 1210, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY, would extend qualified-mortgage protection from litigation and enforcement actions for mortgages originated and retained in portfolio by depository institutions. “This would incentivize private-sector risk retention,” said Barr. Rep. John Carney, D-DE, said...


July 27, 2015 - Inside the CFPB

Briefs: Worth Noting, Vendor/TRID Update, Looking Ahead

Deputy Director Antonakes to Depart. CFPB Deputy Director Stephen Antonakes, the number two figure at the bureau, is leaving the agency at the end of July to spend more time with his family, according to an internal memo circulated within the CFPB, a copy of which was obtained by Inside the CFPB. “Steve has been an enormous asset to the bureau, and a great friend and colleague to me since our time together in [Supervision, Enforcement and Fair Lending] in the early days of the bureau,” said the memo, which was authored by Director Richard Cordray. “His contributions to this agency have been extensive in his dual roles as deputy director and supervision, enforcement, and fair lending associate director, and ...


July 27, 2015 - Inside the CFPB

Lead-Generation Company Tries to Dismiss or Revise CID from CFPB

Selling Source, LLC, a lead-generation company in Las Vegas, and Tim Madsen, a company employee and recipient of a civil investigative demand from the CFPB, recently petitioned the bureau to modify or set aside entirely the CID. First, the company argues that the CID should be set aside since it is not a “covered person” under the bureau’s authority because it does not offer or provide a “financial product or service” as spelled out in the Dodd-Frank Act. In its petition to the bureau, the company notes that a “covered person” is defined by Dodd-Frank as “any person that engages in offering or providing a consumer financial product or service,” or acts as a “service provider” and is a corporate ...


July 27, 2015 - Inside the CFPB

TRID Oct. 3 Effective Date Official, Industry Wants Easy Enforcement

The CFPB last week finalized its earlier proposal to extend to Oct. 3, 2015, the effective date for its controversial integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act: the so-called TRID. “The bureau believes that moving the effective date may benefit both industry and consumers with a smoother transition to the new rule,” the CFPB said in announcing the finalization. “The bureau further believes that scheduling the effective date on a Saturday may facilitate implementation by giving industry time over the weekend to launch new systems configurations and to test systems.” Further, “A Saturday launch is also consistent with industry plans tied to the original effective date of Saturday, August 1.” The ...


July 23, 2015 - Inside Mortgage Finance

Dodd-Frank Mortgage Reforms Likely to Remain, GSE Reform a Glaring Gap Left by Act, Critics Say

Republican congressional leadership commemorated the fifth anniversary of the Dodd-Frank Act this week by bashing the massive legislation. But there was not a single mention of making any changes to the mortgage-related provisions in the law. However, Republican leaders of the House Financial Services Committee and the Senate Banking, Housing and Urban Affairs Committee demonstrated varying degrees of optimism about enacting broader changes to the controversial law. During a Dodd-Frank discussion forum early this week at the American Enterprise Institute, HFSC Chairman Jeb Hensarling, R-TX, in response to a question about the political prospects for reform, said...


Poll

During the first half of 2015 all residential lenders originated a better-than-expected $805 billion of home mortgages, according to Inside Mortgage Finance. What do you expect in the second half?

Just as good. We like what we’re seeing.
Better. Applications are strong.
Worse. We’re worried about rates, seasonality.
A lot worse. The fourth quarter could be a killer.

vote to see results
Housing Pulse