Likely Collision Between HUD Disparate Impact Rule And CFPB ATR Rule Leaves Industry in Quandry
April 25, 2013
Potentially conflicting federal regulations over mortgage lending practices and standards from different government agencies increasingly appear to have the industry in a damned-if-you-do, damned-if-you-dont position. During a webinar on fair lending challenges this week sponsored by Inside Mortgage Finance, Melanie Brody, a partner at K&L Gates, highlighted one of the challenges the industry faces in navigating between the Department of Housing and Urban Developments new discriminatory effect rule and the Consumer Financial Protection Bureaus ability-to-repay rule. The problem is that ability-to-repay and qualified mortgage requirements add up...