Legislation

Browse articles from all of our Newsletters related to Legislation.

April 17, 2015 - Inside FHA/VA Lending

New Day USA Faulted for SAFE Act Testing Violations

New Day USA, a major VA lender, agreed to a multi-million dollar settlement this week with state regulators and removed its chief operating officer due to widespread violations involving the Secure and Fair Enforcement for Mortgage Licensing Act. The lender will pay a $5.28 million administrative penalty as part of a consent order and settlement with regulators from 42 states and Washington, DC. New Day also removed COO Paul Alger. In order to meet continuing education requirements ...


April 16, 2015 - Inside Mortgage Finance

Community Nonbank Lenders Call for ‘Hold Harmless’ Enforcement Period for TRID

Small nonbank mortgage lender groups and other industry representatives once again took the opportunity provided by sympathetic Republicans in Congress to express their anxiety about being able to comply with the pending integrated disclosure rule from the Consumer Financial Protection Bureau when it kicks in Aug. 1, 2015. They echoed a call made late last month by Reps. Blaine Luetkemeyer, R-MO, and Randy Neugebauer, R-TX, for the CFPB to institute a ...


April 10, 2015 - Inside The GSEs

FHFA Diversity HIring Grows, More Work to Be Done, Agency Says

Although the Federal Housing Finance Agency has upped its efforts to promote diversity and inclusion in the workforce in 2014, the agency said challenges remain as some racial and ethnic groups are still underrepresented, according to a March 31 report to Congress by FHFA’s Office of Minority and Women Inclusion. Because of the Dodd-Frank Act requirements, there has been considerable increases in racial, ethnic and gender diversity of FHFA’s executive leadership team since the agency first began reporting to Congress in 2011. Even though the number of FHFA executives has declined by 13.5 percent in the past three years, minorities comprised 23.5 percent, compared to 10.1 percent in 2011, and women comprised 33.3 percent, compared to 25.4 percent.


April 6, 2015 - Inside the CFPB

Briefs: Worth Noting/CFPB in Brief/Vendor Update

It’s Time to Scale Back Dodd-Frank, Industry Says. With a new Republican majority now in power and calling the shots on Capitol Hill, the industry consultants at The Collingwood Group recently asked mortgage industry officials what they thought the new Congress could do to bolster the housing market. Their answer? Rein in Dodd-Frank. “Although just fewer than 50 percent of respondents selected ‘repeal Dodd-Frank’ or ‘abolish the CFPB,’ the comments submitted clearly indicate that these industry insiders prefer a tempered approach with reasonable modifications to these two reactionary reform measures stemming from the crisis,” Collingwood said. “Many respondents stated that the Dodd-Frank Act should be revised to remove barriers to innovation and to reduce the cost of manufacturing a mortgage.” ...


April 6, 2015 - Inside the CFPB

Top Lenders Will Accelerate Their Closing Disclosures for TRID

Some of the top mortgage lenders in the United States plan to move up their consumer disclosure- related processes even more than the CFPB is requiring under its integrated disclosure rule, which takes effect Aug. 1, 2015. It looks like they are just trying to be conservative and provide a bit of a cushion, at least in the initial transition period to a revamped disclosure regime. Bob Kelly, head of Truth in Lending Act/Real Estate Settlement Procedures Act implementation at Bank of America, told Inside the CFPB, “One thing that I think the CFPB sought to really have is that customers know before they owe. From a customer perspective, they often felt that the process to close was hurried and ...


April 6, 2015 - Inside the CFPB

House Panel Votes to Tweak Points-and-Fees Formula

Shortly before the U.S. Congress vacated the nation’s capital for its spring recess, the House Financial Services Committee passed, with varying levels of bipartisan support, a package of regulatory relief bills, including a handful related to rulemakings from the CFPB. Most notable among them is H.R. 685, the Mortgage Choice Act, sponsored by Rep. Bill Huizenga, R-MI. H.R. 685 aims to assist banks that originate mortgages through the wholesale channel by modifying the points-and-fees formula in the CFPB’s ability-to-repay rule. The measure would exclude from the calculation insurance and taxes held in escrow and fees paid to affiliated companies as a result of participating in an affiliated business arrangement. The committee approved the bill by a 43-12 vote, despite a ...


April 2, 2015 - Inside Mortgage Finance

Big Lenders to Provide Disclosures Themselves. Will TRID Leave Settlement Agents in the Lurch?

The integrated disclosure rule from the Consumer Financial Protection Bureau continues to shake up the mortgage industry months before it even takes effect. Particularly unsettled are settlement agents, who hope they continue to stay relevant in the new world of mortgage originations, but fear their role will be diminished if not rendered obsolete. “The lender is ceding less authority to the closing agent but they are still letting them close the transactions with greater supervision,” said one industry insider. “Could that change? There is a fear it might, but that is not how it is now.” Joseph Ventrone, vice president for regulatory and industry relations at the National Association of Realtors, put...


March 26, 2015 - Inside Mortgage Finance

Lender Pleas for ‘Soft’ Enforcement of TRID Falling On Deaf Ears, Industry Complains About Complaints

The mortgage industry isn’t achieving any more success than lawmakers on Capitol Hill in convincing the Consumer Financial Protection Bureau to take it easy on lenders when it’s time to start enforcing its integrated disclosure rule. Speaking at the American Bankers Association’s government relations event in Washington, DC, earlier this week, Virginia O’Neill, head of regulatory compliance for the trade group, recounted for attendees the experience of one community bank ...


March 23, 2015 - Inside the CFPB

Briefs

CFPB Updates TRID Documentation. Last week, the CFPB put out some updates to the implementation materials for its integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. The updated material lines up with the rule that was published Feb. 19, 2015, that modifies the 2013 TILA/RESPA integrated disclosure rule (TRID). This rule extends the timing requirement for revised disclosures when consumers lock a rate or extend a rate lock after the Loan Estimate is provided and permits certain language related to construction loans for transactions involving new construction on the LE. Additionally, the bureau is making non-substantive corrections, including citation and cross-reference updates and wording changes for clarification purposes, to various provisions of ...


March 23, 2015 - Inside the CFPB

Settlement Agents May be Outside Looking In as Big Lenders ‘DIY’

It looks like some of the biggest mortgage lenders in the nation will be closing their loans themselves largely without closing agents, once the CFPB’s integrated disclosure rule kicks in Aug. 1, 2015, one top vendor representative revealed recently. And that might put the big banks at a competitive advantage vis-à-vis their nonbank rivals. “Because this is a paradigm shift, and because the liability is staying on the lender side – both in terms of the accuracy of the disclosure and in the timing – we’ve heard some of the bigger lenders are going to close the loans themselves instead of using settlement agents,” John Vong, CEO of ComplianceEase, told Inside the CFPB recently. “For some of the banks, they have already ...


March 23, 2015 - Inside the CFPB

Small Servicer Changes Welcomed, Successor in Interest, Not So Much

The changes the CFPB wants to make to its 2013 mortgage servicing rules under the Real Estate Settlement Procedures Act and the Truth in Lending Act got a mixed reception from the mortgage industry. The proposed rule was issued in mid-December, and the public comment period closed last week. The proposed amendments cover nine primary topics: successors in interest, definition of delinquency, requests for information, force-placed insurance, early intervention, loss mitigation, prompt payment crediting, periodic statements, and small servicer issues. The Independent Community Bankers of America was pleased with the bureau’s proposed amendment to the small servicer definition that will permit a small servicer to service, for a fee, mortgage loans that are seller-financed transactions subject to certain limitations. ...


March 23, 2015 - Inside the CFPB

Industry Asks CFPB for ‘Soft’ Enforcement Period for TRID

More than a dozen industry organizations asked the CFPB last week to implement a “restrained enforcement and liability” or “grace period” through the end of 2015 for those seeking to comply in good faith with its integrated disclosure rule after its August 1, 2015, effective date. “There are ... situations – such as what will occur if a closing cannot go forward on schedule because of occurrences outside the control of the parties – that are not addressed by the regulation which still require additional guidance,” the collection of 16 trade groups said in a joint letter to CFPB Director Richard Cordray. “We would like to use this grace period to identify pain points with stakeholders and then meet with bureau staff ...


March 20, 2015 - Inside FHA/VA Lending

Around the Industry

Loan Modification Trial Payment Plans for Forward Mortgages. The Department of Housing and Urban Development has announced requirements for trial plan duration, required signatures, and reporting for trial payment-plan agreements, and the conditions under which FHA deems a TPP to have failed.Lenders must implement the requirements in Mortgagee Letter 2015-07 for all TPPs offered to borrowers on or after June 1, 2015. FHA Publishes Additional Sections of HUD Single-Family Policy Handbook. The FHA has published additional sections for the SF Handbook, including the following: Doing Business with FHA – Lenders and Mortgagees Doing Business with FHA – Other participants in FHA Transactions – Appraisers; Quality Control, Oversight and Compliance – Lenders and Mortgagees; Quality Control Oversight, and Compliance – Other Participants in FHA Transactions – Appraisers ...


March 19, 2015 - Inside Mortgage Finance

CFPB Successor-in-Interest Provisions Pose Legal Risks, Could Promote Fraud, Lender Reps Warn

The Consumer Financial Protection Bureau’s proposal to significantly expand the regulatory requirements related to successors in interest poses legal risks, threatens personal privacy and could foster instances of fraud, mortgage industry officials said. The provisions related to successors in interest are part of a package of proposed amendments to the bureau’s 2013 mortgage rules under the Real Estate Settlement Procedures Act and the Truth in Lending Act ...


March 9, 2015 - Inside the CFPB

CFPB Proposes Suspending TILA Requirement for CC Issuers

Issuers of open-end credit cards would get a one-year break from the Truth in Lending Act/Regulation Z requirement to forward their credit card agreements to the CFPB on a quarterly basis for posting in a public database on the agency’s website, under a proposed rule the bureau issued recently. The proposal would temporarily suspend card issuers’ obligations to submit agreements to the bureau for a period of one year (i.e., four quarterly submissions), in order to reduce burden while the bureau works to develop a more streamlined and automated electronic submission system. Other requirements, including card issuers’ obligations to post currently offered agreements on their own websites, would be unchanged under the proposal. “The bureau recognizes that its proposed temporary ...


March 9, 2015 - Inside the CFPB

TRID Will Demand Much From Lenders on Multiple Levels

This is the first in a series on industry efforts to prepare for compliance with the CFPB’s integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. According to Scott Stucky, chief strategy officer at DocuTech, mortgage lenders need to engage TRID preparation on multiple levels. “They’ve obviously got to be ready from a technology perspective, so working with their origination system and document solution provider, they should be in the testing phase at this point in time,” he told Inside the CFPB recently. “Even if it’s rudimentary testing, even if it’s just very basic and they can’t get everything completely together, they should be doing some basic evaluation,” he added. “That’s because, in ...


March 9, 2015 - Inside the CFPB

Fannie/Freddie ‘Patch’ to ATR Rule Will be Extended if Needed

The CFPB’s ability-to-repay rule will likely be revised if Congress fails to enact legislation to reform the government-sponsored enterprises by the time the rule’s Fannie Mae/Freddie Mac “patch” expires in six years. Appearing before the House Financial Services Committee last week, CFPB Director Richard Cordray and committee chairman Jeb Hensarling, R-TX, went back and forth over the accuracy of a study the Federal Reserve did a few years ago about the potential impact the ATR rule could have on the market, specifically in terms of limiting borrower access to credit. Cordray said he disagreed with the findings of the report, asserting that the Fed’s study was based on provisions that were substantially different than what were ultimately adopted. Hensarling then ...


March 9, 2015 - Inside the CFPB

HMDA Rule Out This Summer, With Extended Implementation Period

CFPB Director Richard Cordray told members of Congress last week that the bureau’s final rule on Home Mortgage Disclosure Act reporting would likely come out sometime this summer, perhaps in July. He also indicated there would be a significant amount of time for mortgage lenders to get in compliance with it. He did not, however, provide any more detail such as a specific timetable. During last week’s hearing of the House Financial Services Committee, Rep. Randy Hultgren, R- IL, said small financial institutions are concerned about the proposal. “CFPB’s efforts thus far to narrowly tailor proposed HMDA requirements have been insufficient,” he said. “Even though the Dodd-Frank Act mandates 17 new data fields, the CFPB has proposed an additional 20 ...


March 9, 2015 - Inside the CFPB

Expect No Quarter From CFPB On Enforcement of the TRID

A key take-away from last week’s hearing of the House Financial Services Committee was a clear indication that the CFPB plans to fully enforce its integrated disclosure rule when the Aug. 1, 2015, effective date kicks in. The rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act was finalized in November 2013. During the hearing this past Tuesday, Reps. Randy Neugebauer, R-TX, and Brad Sherman, D-CA, both pressed CFPB Director Richard Cordray on whether he would be open to a 60-day enforcement delay or a “restrained enforcement” period when the TILA/RESPA integrated disclosure rule – the TRID – goes live. Cordray did not come right out and say he would refuse to accept or implement one, but ...


Poll

The Supreme Court recently decided that mortgage loan officers are entitled to overtime pay. How has this affected your shop?

It's a very big deal, but our company will limit OT pay or pay very little.
It’s sort of a big deal, but we have no plans to pay overtime pay at all.
We have no problem paying our LOs OT.
We’re still studying the case and have not yet decided what to do.

vote to see results
Housing Pulse