The Community Home Lenders Association last week asked CFPB Acting Director Mick Mulvaney to delay implementing the bureau’s pending new data collection and reporting requirements under the Home Mortgage Disclosure Act, which are slated to kick in Jan. 1, 2018. The trade group’s more general concerns are, first, that HMDA requirements should be balanced and tailored to the objectives. “The Trump administration has pledged to address overly burdensome regulations which have a negative impact on the ability of private sector finance providers to make credit available to consumers,” said the CHLA, which represents mostly small, independent mortgage bankers. The industry organization reminded Mulvaney it has issued reports and written letters this year detailing how excessive regulations and the threat of ...
The Senate Banking, Housing and Urban Affairs Committee recently passed a bipartisan measure that will provide some noteworthy relief from a handful of CFPB regulations, especially for small and regional lenders. Under S. 2155, the Economic Growth, Regulatory Relief and Consumer Protection Act, certain mortgages originated and retained in portfolio by banks and credit unions with less than $10 billion in total assets would be deemed qualified mortgages under the bureau’s ability-to-repay rule. The act also would provide regulatory relief under the Home Mortgage Disclosure Act for small depository institutions that have originated less than 500 closed-end mortgage loans or less than 500 open-end lines of credit in each of the two preceding calendar years. The Government Accountability Office would ...
If the CFPB thought that mandating a 43 percent debt-to-income ratio requirement for a residential mortgage, as seen in its ability-to-repay rule, would lower the odds of a borrower later going into default, it might want to think again. The JPMorgan Chase Institute recently reviewed more than 400,000 mortgage modifications that received payment reduction, principal reduction, or a combination of the two during the financial crisis, and came to the conclusion that payment reduction did a better job bringing relief to struggling homeowners than principal reduction. “Our data showed that for borrowers who were underwater, payment-focused mortgage debt reduction was more effective at slowing default than principal-focused mortgage debt reduction,” the institute said in a report last week. “In addition, ...
Speaking during a recent public appearance in Washington, DC, Mark Calabria, chief economist in the Executive Office of the Vice President, discussed the Trump administration’s priorities when it comes to regulatory reform, and the CFPB’s ability-to-repay rule was one of the items on the list. “Looking at the mortgage finance system as a whole is critical, as is reviewing the substantive rule-makings that came out of the Dodd-Frank Act,” said Calabria, former director of financial regulation studies at the libertarian Cato Institute in Washington, DC, and a former Capitol Hill staffer involved in drafting the framework for the conservatorships of government-sponsored enterprises Fannie Mae and Freddie Mac. “We really did expand the regulatory framework with things like the qualified mortgage ...
A new report from the Office of the Inspector General of the Federal Deposit Insurance Corp. found that examiners in the agency’s Division of Depositor and Consumer Protection need to do a better and more consistent job of reviewing lenders’ compliance with the CFPB’s ability-to-repay and loan originator compensation rules. The ATR rule directed most mortgage lenders to make a reasonable and good-faith determination, at or before loan consummation, that a consumer would have a reasonable ability to repay a residential mortgage loan according to its terms. Some lenders and loan programs are exempt from this requirement. The LO comp rule placed limits on loan originator compensation and imposed new requirements on loan originators. Both rules took effect Jan. 10, 2014....
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