Legislative Issues
Browse articles from all of our Newsletters related to Legislative Issues.
May 18, 2012 - Mortgage Beat
Team Coverage of the ASF Annual Meeting
Members of the editorial department of Inside Mortgage Finance Publications will deploy to the Four Seasons Hotel in Washington, DC, early next week for team coverage of the 2012 Annual Meeting of the American Securitization Forum, where one of the featured...
May 18, 2012 - Inside MBS & ABS
A panel of federal regulators told members of the House Financial Services Committee this week that enforcement of securities violations would be greatly hampered if the government was compelled to seek admissions of wrongdoing or liability as a condition of settlement. Committee Chairman Spencer Bachus, R-AL, said the purpose of the hearing was to examine the settlement practices of federal financial regulators, in particular the Securities and Exchange Commission. The SEC has come under public scrutiny after a federal judge last fall rejected the terms of an SEC settlement in lieu of trial that...
May 17, 2012 - Inside Mortgage Finance
One of the newly filed Senate bills to advance the White House’s election-year refinance initiatives would pay for itself by extending the decade-long hike in loan guarantee fees for “just one more year” through 2022, according to the bill’s Democrat sponsor. Last week, Sen. Diane Feinstein, D-CA, introduced the Expanding Refinancing Opportunities Act of 2012, to allow more homeowners the chance to refinance via FHA mortgage insurance. The bill is geared toward mortgages not already guaranteed by Fannie Mae, Freddie Mac or the FHA. Feinstein’s bill would create a $6 billion FHA fund to provide...
May 17, 2012 - Inside Mortgage Finance
It will be long before the Department of Housing and Urban Development is done with its list of lenders targeted for indemnification, but a scarier prospect is having the U.S. Attorney’s Office doing the collection, according to compliance experts. The number of defendants seeking legal representation in FHA-related False Claims Act cases, in which the government has taken over from original whistleblowers, has grown. “If the work on our desks is any indication, HUD is way ahead in its enforcement of FHA origination rules and in seeking indemnification, which always increases during presidential....
May 14, 2012 - Inside Regulatory Strategies
Industry Makes Fresh Push to Change Point, Fee Calculation
Mortgage bankers and brokers are making a fresh push to support H.R. 4323, the Consumer Mortgage Choice Act, legislation that would change the way points and fees are calculated under the Qualified Mortgage definition in the Dodd-Frank Act. Trade groups representing these segments of the industry have made new appeals to their members recently to reach out to their respective lawmakers and garner their support for the legislation. The Consumer Mortgage Choice Act would spell out that affiliate title fees, certain loan originator compensation, and escrow payments are not included...
May 11, 2012 - Inside FHA Lending
Lenders Predict Surge in FHA Streamline Refis
FHA lenders are anticipating a spike in volume when changes to the FHA Streamline Refinance Program become effective next month. The biggest change to the program taking place on June 11 is the lower upfront mortgage insurance premium, which the Department of Housing and Urban Development had reduced to just 0.01 percent, and the annual MIP, which was lowered to 0.55 percent. The new premium pricing is effective for all streamline refi transactions that are refinancing FHA loans endorsed on or before May 31, 2009. HUD expects the change will ensure that borrowers benefit from a net reduction in their overall mortgage payment and, at the same time, reduce risk to the FHA. The FHA Streamline Refi program allows borrowers with FHA-insured loans who are current on their mortgage to refinance into a new FHA-insured loan without ...
May 11, 2012 - Inside MBS & ABS
The paint is still wet on the expanded Home Affordable Refinance Program, but the Obama administration says it is firmly behind efforts by Senate Democrats to expand the program for underwater Fannie Mae and Freddie Mac borrowers even further. Sens. Robert Menendez, D-NJ, and Barbara Boxer, D-CA, are preparing to file legislation that would force Fannie Mae and Freddie Mac to waive representations and warranties on new HARP loans regardless of whether the refinance lender serviced the previous mortgage. The forthcoming Responsible Homeowner Refinance Act of 2012 would also prohibit the government...
May 9, 2012 - Mortgage Beat
Donovan Urges Congress to Tear Down Barriers to Refinancing
Department of Housing and Urban Development Secretary Shaun Donovan this week urged Congress to pass legislation to make it easier for responsible owners who are current on their payments to refinance. Testifying before the Senate Committee on Banking, Housing and Urban...
May 7, 2012 - Mortgage Beat
The federal government’s role in housing finance has been a hot topic at the Mortgage Bankers Association’s secondary market conference this week in New York City. Here’s a fairly representative sample of comments on the issue: “Unfortunately, there is no solution in ...
May 4, 2012 - Inside Mortgage Trends
Fair Housing Charged Cases Grew, Says Report
Total fair housing complaints continued to decrease in 2011 from their 20-year peak in 2008, said the National Fair Housing Alliance in an annual report of housing trends, though the group seeks clarification on a number of still-pending regulations. Private fair housing groups, like the NFHA, investigated 65 percent of the 27,092 housing discrimination cases in 2011. Disability and race made up the bulk of complaints. Local statutes prohibiting housing discrimination classes not recognized by federal law, including age, sexual orientation and marital status as the bases for complaints. Most of the complaints...
May 4, 2012 - Inside The GSEs
Senate Democrats Propose HARP 3.0 Legislation
Senate Democrats are drafting legislation to force Fannie Mae and Freddie Mac to expand the Home Affordable Refinance Program for underwater borrowers even farther beyond the newly unveiled HARP 2.0. The draft legislation by Sens. Robert Menendez, D-NJ, and Barbara Boxer, D-CA, unveiled last week during a subcommittee hearing would force the GSEs to waive representations and warranties on new HARP loans regardless of whether the refi lender serviced the previous mortgage.
May 4, 2012 - Inside The GSEs
House Ethics Investigators Clear Bachus of Insider Trading Charges
An independent House investigative agency has recommended the ethics case against the current chairman of the House Financial Services Committee be closed. The Office of Congressional Ethics reportedly informed Rep. Spencer Bachus, R-AL, that it found no evidence he violated insider trading rules in his stock trading activities and that it recommended to the House Ethics Committee that the case be dismissed.
May 4, 2012 - Inside The GSEs
FHFA Official: HARP 2.0 Work-In-Progress
Even as the still-regenerating Home Affordable Refinance Program is already proving itself to be a boon for banks’ bottom lines, participants of an exclusive Inside Mortgage Finance webinar last week said so far there’s little indication borrowers are disadvantaged because there are currently fewer new lenders originating HARP 2.0 as same servicers. Since January, one month after the revised program took effect, lenders have reported intense interest and a more significant uptick in new refinance applications.
May 4, 2012 - Inside The GSEs
Illinois Bill Would Replicate Chicago Property Law
Inspired by a law currently on the books and in dispute in Chicago, state lawmakers in Illinois have filed a vacant property registration law requiring mortgage holders to keep up homes in foreclosure or face costly fines. The bill, SB 16, outlines a framework for municipalities to pass vacant property ordinances requiring mortgage holders to register a property that has been vacant for more than 30 days and to re-register the property every six months. The mortgage holder would also be required to secure and maintain the property, with fines ranging from $500 to $1,000 per day if the requirements are not met.
May 4, 2012 - Inside MBS & ABS
Revamped HARP Inspires Fannie Direct Marketing ‘Outreach’ to Spur More Lender Refi Business
In an effort to aggressively expand the recently retooled Home Affordable Refinance Program, Fannie Mae is encouraging lenders to make the most of HARP 2.0’s looser rules on marketing directly to eligible borrowers. The government-sponsored enterprise created “outreach materials” to help jump-start lenders’ marketing efforts to would-be borrowers who aren’t aware they may qualify for a HARP refinance. “Fannie Mae developed these model ‘HARP Materials’ to facilitate borrower consideration of HARP refinancing options that may be available through participating lenders and servicers...
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...
April 27, 2012 - Inside FHA Lending
MetLife, Inc. has announced that it is leaving the reverse mortgage business as part of a broader business plan to exit the mortgage market and focus strategically on global insurance and employee benefits. Nationstar Mortgage will purchase MetLife’s reverse mortgage servicing portfolio. MetLife Bank will no longer accept new reverse mortgage loan applications and registrations. MetLife’s entire retail banking business, including mortgages, accounted for less than 2.0 percent of the company’s 2011 operating earnings. Last year, the company decided to ...
April 27, 2012 - Inside FHA Lending
GOP FHA Bill has $11 Million Implementation Tag
Implementing proposed legislation aimed at improving the safety and soundness of the FHA single-family program would cost taxpayers $11 million over a four-year period if the bill is enacted in late 2012 and the necessary amounts are appropriated each year, according to the Congressional Budget Office. In an analysis of H.R. 4264, the FHA Emergency Fiscal Solvency Act of 2012, the CBO estimated that $9 million would be spent on mandatory actuarial studies on the health of the FHA Mutual Mortgage Insurance Fund and $2 million for other costs over the 2013-2017 period. The legislation would not affect direct spending or revenues and, therefore ...
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 - Inside FHA Lending
Lenders See Adverse Effect of MIP Hikes
Increases in mortgage insurance premiums and adjustments to loan programs will likely make FHA-insured mortgage loans more costly and difficult to obtain for future FHA borrowers, according to industry participants. Lenders estimate that about 40 percent of home purchases and even a larger share of first-time homebuyer purchases are insured by the FHA. They say the premium changes could have a detrimental impact on homebuyers in 2012. The FHA has increased its premiums in order to shore up its books in light of high delinquency and foreclosure rates and to strengthen its depleted capital reserves, which have ...
April 27, 2012 - Inside MBS & ABS
SEC Approves FINRA Changes to Make TBA Deals More Transparent, Promote Fair Pricing of MBS
The Securities and Exchange Commission gave a thumbs-up last week to some changes to the rules governing the to-be-announced market proposed by the Financial Industry Regulatory Authority to increase transparency in agency pass-through MBS transactions. The new changes will institute clear requirements for more timely reporting of two subsets of MBS TBA transactions – those that are “for good delivery” (GD) and those that are “not for good delivery” (NGD) – and include some information that has not been publicly disclosed before. The intent of the changes is to improve the ability of investors to...
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 26, 2012 - Inside Mortgage Finance
Senate Democrats Draft HARP 3.0 Bill To Lower Hurdles, Bolster Competition
With the second-generation refinance program for underwater Fannie Mae and Freddie Mac borrowers gaining momentum in the market, Senate Democrats are drawing up new legislation designed to knock down lender reluctance about the Home Affordable Refinance Program. Legislation being drafted by Sens. Robert Menendez (NJ) and Barbara Boxer (CA) would force the government-sponsored enterprises to waive representations and warranties on new HARP loans regardless of whether the refi lender serviced the previous mortgage. Lingering concerns about reps and warranties exposure have caused many top lenders to...
April 23, 2012 - Mortgage Beat
The Dodd-Frank Wall Street Reform and Consumer Protection Act calls for the creation of 243 rules, which are currently scattered in different stages of the regulatory process. To help stakeholders keep their ducks in a row, the House Committee on Financial Services created a...
April 20, 2012 - Inside The GSEs
GSEs Pay Chicago Fee ‘Under Protest’
Fannie Mae and Freddie Mac have reluctantly directed their servicers to begin making payments next month in compliance with Chicago’s vacant property ordinance “under protest” as the GSEs’ conservator continues to fight the local legislation in court. Starting May 1, Fannie servicers will be required to include a written protest along with the ordinance’s $500 registration fee, according to a letter to servicers issued earlier this month. “All payments made to the city of Chicago, including vacant property registration payments, must be made ‘under protest’ by sending a written communication to the city with the registration fee,” explained Fannie. “This written communication must note that the Federal Housing Finance Agency determined that the registration fee does not apply to Fannie Mae, and that the registration fee is therefore paid under protest.”
April 19, 2012 - Inside Mortgage Finance
Mortgage Industry Wins a Few in State Challenges to Loan Servicing Practices
Lawmakers in California this week pulled from their agenda a series of bills designed to help borrowers in a significant, if temporary, victory for the mortgage industry in the long drawn-out legal battles spawned by the mortgage collapse in 2008. The proposed California Homeowner Bill of Rights featured many of the requirements that have been incorporated in evolving national servicing standards. One new provision would require servicers to pay a $25 “fine” each time a borrower defaults; the money would go to a fund to investigate fraud. But two of the six bills in the package were suddenly pulled from...
April 13, 2012 - Inside FHA Lending
Lenders Settle Charges of Bias vs. Pregnant Women
The Department of Housing and Urban Development has announced discrimination settlements with two mortgage lenders accused of denying FHA mortgage loans to expectant mothers. Two women filed separate complaints against Magna Bank in Nashville, TN, and Home Loan Center in Irvine, CA, alleging a violation of the Fair Housing Act. According to the complaints, the women’s loan applications were rejected because they were pregnant and temporarily on leave. The settlement agreement with Magna Bank requires the bank to pay the complainant $14,085 for allegedly ...
April 12, 2012 - Inside MBS & ABS
Moody’s Top Brass Favor CRAs Dropping Regulatory Role, Return to Market Roots
Credit rating agencies (CRAs) should return to their market roots and stop being a regulatory tool for public policy, according to a Moody’s Investors Services top executive. In recent remarks to the American European Community Association, Ray McDaniel, chief executive officer of Moody’s Corp., noted that credit ratings have grown from limited use by banks in the 1920s to something that regulators and politicians have relied upon to serve public-policy objectives for the past several decades. McDaniel said such reliance has got to stop. He said regulatory policies should be geared towards reducing any...
April 12, 2012 - Inside MBS & ABS
Covered Bonds Legislation Gets Close But No Cigar, Proponents Have to Wait for November Elections
Congressional supporters of creating a legislative framework for a covered bonds market in the U.S. fell short in an attempt to get covered bond provisions attached to the Jumpstart Our Business Startups (JOBS) Act approved by Congress before lawmakers broke for spring break. The JOBS Act was signed by President Obama last week and contains provisions to help companies go public, raise capital privately and remain private longer, as well as making a number of significant changes to the Securities Act of 1933 and the Securities Exchange Act of 1934. But it does not contain any of the provisions...
April 12, 2012 - Mortgage Beat
MBA Asks Sen. Franken To Modify GSE Repurchase Bill
The Mortgage Bankers Association has weighed in on an obscure bill recently filed in the Senate that would require the Federal Housing Finance Agency to prohibit Fannie Mae or Freddie Mac from any “possessory interest that could substantially reduce the financial...
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