The CFPB and all of the prudential banking regulators will recognize the good-faith efforts of the mortgage industry to comply with the bureau’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule as of its effective date of Oct. 3, 2015. “During initial examinations for compliance with the rule, the agencies’ examiners will evaluate an institution’s compliance management system and overall efforts to come into compliance, recognizing the scope and scale of changes necessary for each supervised institution to achieve effective compliance,” said CFPB Director Richard Cordray, in a letter to industry trade groups. “Examiners will expect supervised entities to make good-faith efforts to comply with the rule’s requirements in a timely manner,” the director continued. “Specifically,...
The full House of Representatives is expected to vote sometime this week on legislation that would provide a regulatory and legal safe harbor for mortgages originated under the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule until Feb. 1, 2016. Speaking of the legislation at issue, H.R. 3192, the Homebuyers Assistance Act, House Majority Leader Kevin McCarthy, R-CA, said, “This bipartisan bill provides certainty to businesses that are trying to comply with the rule as well as an opportunity to work out any implementation issues that come up.” One industry observer who anticipates a “big margin” vote indicated he expects the bill will split rank-and-file Democrats from their caucus leadership. Meanwhile, industry readiness continues to ...
Real estate, title and mortgage industry groups are doing more than lobbying Congress and the CFPB for relief when it comes to compliance with and enforcement of the bureau’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. They are also continuing to work hard to get their own respective memberships as up to speed as possible before examiners show up on their doorsteps. For instance, the American Bankers Association sent a letter to member CEOs last week to assist executive management and line business managers in decision making as the industry completes final arrangements to comply with TRID. “Bankers are making assessments of systems readiness, staff training, capabilities of settlement services providers, and potential compliance risk ...
Mortgage Bankers Association President and CEO David Stevens again called for formal guidance from the CFPB on the legitimacy of marketing services agreements in the wake of some recent troubling developments after the bureau assumed enforcement of the Real Estate Settlement Procedures Act as a result of the Dodd-Frank Act. Speaking at the MBA’s recent 2015 regulatory compliance conference in Washington, DC, Stevens told a crowd of attendees, “We sent a letter to [CFPB] Director [Richard] Cordray weeks ago asking that the bureau simply clarify whether MSAs are considered acceptable and what constitutes an acceptable [agreement] if that’s the case. That was our question. We’re not saying we’re for them, against them; just please tells us if we’re going to ...
The CFPB and the Department of Justice Thursday brought a $33.75 million redlining enforcement action against Hudson City Savings Bank, accusing the institution of denying residents in majority black and Hispanic neighborhoods fair access to mortgage credit. The joint action alleges that Hudson City illegally avoided and thereby discouraged consumers in majority black and Hispanic neighborhoods from applying for credit by avoiding locating branches and loan officers in such communities and by not using mortgage brokers in such neighborhoods as well. The government also accuses the bank of excluding majority black and Hispanic communities from its marketing strategy and from credit assessment areas. Under the terms of a proposed consent order pending before a court, Hudson City would have to ...
The CFPB recently issued some final changes to its mortgage rules to help foster responsible lending by small creditors, especially those operating in rural and underserved areas. The new rule, which was proposed in January, aims to increase the number of community banks and credit unions that are able to offer certain types of mortgages in rural and underserved areas. It also gives small creditors time to adjust their business practices to comply with the rules. “The financial crisis was not caused by community banks and credit unions, and our mortgage rules reflect the fact that small institutions play a vital role in many communities,” said CFPB Director Richard Cordray. “These changes will help consumers in rural or underserved areas ...
Industry Anxiety at a Fever Pitch? Or Just Good Public Relations? The new TRID rule, which became active on Saturday, may only be the tip of the regulatory iceberg, according to sister publication IMFnews. Several lenders interviewed readily admitted that the new TILA/RESPA disclosures are definitely easier to understand. That’s the good news. “The bad news is that they feel the CFPB continues to miss their central message: that incorporating technology changes to their systems to make TRID happen on time has been an operational nightmare, and they feel that Director Richard Cordray has been hardly sympathetic to their plight,” the publication reported late last week. Although the TRID headache may be eased (for now) thanks to a letter that ...
Was Industry “Foaming at Mouth” Over ATR Liability Much Ado About Nothing? “All this foaming at the mouth about legal liability [on qualified mortgage standards] did not pan out. It was an over-reaction,” CFPB Director Richard Cordray said last week. During a hearing held by the House Financial Services Committee, the director noted that he recently met with the CEOs of the top 40 mortgage companies as part of an event hosted by the Mortgage Bankers Association. Cordray said the CEOs revealed that none of these lenders have faced lawsuits alleging violations of standards for qualified mortgages. One industry veteran later said that Cordray took “the disingenuous position that since no lawsuits have been filed, all the concerns about legal ...
Consumer Complaints Tick Slightly Upward From Year-Ago Levels. A small 3.9 percent drop in overall consumer complaints to the CFPB during the third quarter helped keep a lid on rising complaints at the nine-month mark versus a year ago, according to an analysis by Inside the CFPB. (See chart on previous page.) The data show a modest 4.3 percent uptick in consumer criticisms at the end of September 2015 compared with the same nine-month period in 2014. The biggest drops were seen in the payday lending space (down 18.7 percent quarter to quarter and 7.1 percent year over year) and in the residential mortgage space (down 10.9 percent and 7.5 percent, respectively)....
RSS