Bankers Keep up the Push for CFPB-Related Legislation. The American Bankers Association is making a member push to drum up on Capitol Hill for three pieces of legislation designed to ease the regulatory burden for bankers, H.R. 2673, H.R. 4521 and H.R. 4466. H.R. 2673, the Portfolio Lending and Mortgage Access Act, would treat as a qualified mortgage any residential mortgage loan made by a creditor so long as it is held in portfolio. H.R. 4521, the Community Institution Mortgage Relief Act of 2014, would expand the CFPB’s small servicers exception to include servicers of 20,000 mortgage loans or less, and would revise the small creditor exemption to include loans that are held by creditors with assets of $10 billion ...

Look for the Republican-controlled House this month to push additional “tax extender” legislation, including a measure to make permanent a tax break for private mortgage insurance, although the Senate will likely defer any action on tax bills stalled until after the November elections. More than six months after a series of tax incentives, including some mortgage-related measures, expired due to Congressional inaction, partisan sniping and a distinct difference in the legislative approaches of House and Senate tax-writing chairmen has contributed to uncertainty within the industry. House, Ways and Means Committee Chairman Dave Camp, R-MI, has taken...

Senate Banking Committee Approves HUD, FHFA IG Nominees. The Senate Committee on Banking, Housing and Urban Affairs recently approved the nomination of Julian Castro as the next secretary of the Department of Housing and Urban Development. Castro, D, is the incumbent mayor of San Antonio, TX. The panel also approved the nomination of Laura Wertheimer as inspector general of the Federal Housing Finance Agency. The Senate has yet to confirm their nominations. Meanwhile, HUD Secretary Shaun Donovan’s nomination for director of the Office of Management and Budget was approved by the Senate Committee on Homeland Security and Governmental Reform on June 25. FHA Policies on Arm’s Length Transactions and Compliance with State Laws. The FHA is developing guidance to address concerns that laws in certain states may conflict with its arm’s length transaction requirements for preforeclosure/short sales. Until the guidance is issued, FHA lenders should seek guidance and assistance from the FHA National Servicing Center in matters of ...

Although Fannie Mae and Freddie Mac have, for years, had minimum capital requirements for mortgage companies that want to become seller/servicers, the Federal Housing Finance Agency and state regulators are now exploring codifying a capital minimum for nonbanks, according to industry officials and state regulators. During a webinar this week sponsored by Inside Mortgage Finance, participants highlighted the “hot topic” nature of capital requirements for nonbanks. John Prendergast, vice president of non-depository supervision for the Conference of State Bank Supervisors, indicated that capital requirements for nonbanks are more of a matter of when, not if. However, participants who have been tracking the matter caution...

There’s still more than a year left before the Consumer Financial Protection Bureau’s integrated mortgage disclosure final rule takes effect. But top industry representatives are urging lenders to begin preparations now, if they haven’t already done so, because of the depth and breadth of the new regulation – and the central role it will play in the origination process. During a general session of the American Bankers Association’s annual regulatory compliance conference, held in New Orleans earlier this month, Rod Alba, senior regulatory counsel for the trade group, said that the CFPB’s TILA/RESPA integrated disclosure – known as TRID – is a massive project. “We cannot take it lightly,” Alba said. He also emphasized...

The House Financial Services Committee passed a handful of CFPB-related bills earlier this month, after a previously scheduled markup had been delayed by the death of the mother of Rep. Maxine Waters, D-CA, the ranking member on the committee. H.R. 3770, the CFPB-IG Act of 2013, introduced by Rep. Steve Stivers, R-OH, was approved 39-20. The bill would create a separate, independent inspector general for the CFPB. The CFPB currently shares an inspector general with the Federal Reserve System. H.R. 4262, the Bureau Advisory Commission Transparency Act, introduced by Rep. Sean Duffy, R-WI, was approved by voice vote. H.R. 4262 would open up CFPB advisory board meetings to the public. H.R. 4383, the Bureau of Consumer Financial Protection Small Business ...

A group of institutional investors – including BlackRock and Pacific Investment Management Co. – filed suit this week against six banks for their alleged failure as mortgage-bond trustees for over $2 trillion worth of mortgage securities. The suits against the banks – U.S. Bancorp, Citigroup, Deutsche Bank, The Bank of New York Mellon, HSBC Holdings, and Wells Fargo – were filed in New York State Supreme Court, New York County. The plaintiffs seek unspecified damages for losses exceeding $250 billion on nearly 2,220 non-agency MBS trusts issued between 2004 and 2008. The suits allege...

A senior Treasury Department official pushed back against the idea of rehabilitating the two government-sponsored enterprises, noting in a speech late last week that the firms cannot be re-capitalized and reiterating the Obama administration’s commitment to wind down Fannie Mae and Freddie Mac. Mary Miller, the Treasury’s undersecretary for domestic finance, said that even if the two GSEs were allowed to stay in business and build up capital, it could take “at least” 20 years to recapitalize Fannie and Freddie. “During these 20 years, the taxpayer would remain...

Barring any unpleasant news, Julian Castro, President Obama’s nominee for secretary of the Department of Housing and Urban Development, apparently has passed his job interview with the Senate Banking, Housing and Urban Affairs Committee. This week, Castro, a three-term mayor of San Antonio, TX, laid out his priorities as HUD secretary before committee members if he is confirmed for the job. Castro underscored the importance of “partnership and pragmatism” as the key drivers in running a city. As HUD secretary, Castro said he would enhance “cross-agency collaboration” and emphasize the value of “measuring results” by setting precise goals, consulting with the public on major issues, developing a public report card and annual updates – tools he employed in his municipal housing education and affordable housing initiatives in San Antonio. As mayor, Castro worked to ...

Barring the discovery of a skeleton in his closet, Julian Castro’s nomination for secretary of the Department of Housing and Urban Development appears to be a lock in the Senate Committee on Banking, Housing and Urban Affairs. Appearing before the committee this week, Castro, a three-term mayor of San Antonio, TX, laid out his priorities for HUD if confirmed. He said he would emphasize working closely with agencies as well as the value of “measuring results” by setting precise goals, public consultation, development of a public report card and annual updates – tools he employed in his municipal housing education and affordable housing initiatives in San Antonio. Castro said...