The Supreme Court of the United States announced Monday, June 17, that it decided to grant the petition for certiorari in the disparate impact case of Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Specifically, Mt. Holly challenges the position of the Department of Housing and Urban Development that disparate impact can be used to establish liability under the Fair Housing Act, even if there is no discriminatory intent. The CFPB, HUD and the Department of Justice have all previously gone on record as...
Bruce Schultz, head of mortgage operations for SpiritBank, offered attendees at the American Bankers Association’s regulatory compliance conference a useful acronym to remember a good strategy for navigating the rocks and shoals of the CFPB’s ability-to-repay/qualified mortgage rulemaking: CADI: Coordinate, Analyze, Decide, Implement. “First up is coordination,” Schultz told participants in a break-out session at the conference, held last week in Chicago. “Various people that you’re going to need to have input...
The American Bankers Association asked the CFPB for more detailed guidance on the “temporary qualified mortgage” for government-sponsored enterprise and agency mortgage loans. Earlier this year, the bureau proposed some amendments to its mortgage rules under the Real Estate Settlement and Procedures Act and the Truth in Lending Act. Among them are some proposed revised commentaries regarding the standards that a creditor must meet when relying upon a written guide or the automated underwriting system of one of the GSEs, the...
The CFPB recently put out two more small entity compliance guides, one for its loan originator rule and the other for its mortgage servicing rules that were finalized in January and kick in Jan. 10, 2014. The loan originator rule generally regulates how compensation is paid to a loan originator in most closed-end mortgage transactions. That includes prohibiting a loan originator’s compensation from being based on the terms of the transaction or a proxy for a transaction term. The LO rule also prohibits loan...
Eight lender industry trade groups have called upon the CFPB and the Department of Housing and Urban Development to provide written guidance that clearly spells out that complying with the bureau’s ability‐to repay/qualified mortgage rulemaking will not make lenders vulnerable to disparate impact liability under the Fair Housing Act or the Equal Credit Opportunity Act. In February of this year, HUD came out with its disparate impact rule under which liability for such claims can be established as per the Fair Housing Act. Back in...
Former top CFPB officials are banking on the widespread assumption that most mortgage lenders plan to avoid making mortgages that do not meet the “qualified mortgage” standard under the bureau’s ability-to-repay rule. Raj Date, the former deputy director at the CFPB, and three other high-placed bureau alums, Garry Reeder, former chief of staff; Chris Haspel, former senior advisor for mortgage servicing and securitization; and Mitchell Hochberg, former regulatory senior counsel, have created a new consumer finance company called Fenway...
New single-family MBS issuance accounted for a record 90.1 percent of home loan originations during the first quarter of 2013, according to a new Inside MBS & ABS analysis. An estimated $500.0 billion of new home mortgages were originated during the first three months of the year, down 4.8 percent from the fourth quarter of 2012, as refinance activity began to weaken. But mortgage securitization activity declined at a slower pace, falling just 0.6 percent in the first quarter. That pushed...[Includes one data chart]
Officials at the Consumer Financial Protection Bureau claim that lenders will originate home loans that don’t meet the new qualified mortgage standard, though industry participants have been skeptical due to the liability involved with such loans. Raj Date, the former deputy director of the CFPB, announced last week that his new firm will indeed originate non-QMs, with an initial focus on non-agency jumbo mortgages. “It’s an example of a great market opportunity where we can ...
Redwood Trust’s latest non-agency jumbo mortgage-backed security, its eighth of the year, consisted of originations from 67 lenders. No lender accounts for more than 6.4 percent of the originations in the $460.16 million deal. The non-agency jumbo MBS issued this week received AAA ratings with credit enhancement of 7.10 percent on the top-rated tranche. The top contributors to the deal were George Mason Mortgage, Cole Taylor Mortgage, W.J. Bradley Mortgage Capital and PrimeLending, each accounting for ...
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