In a sign that Senate leaders are continuing their work on comprehensive housing finance reform, representatives of the mortgage lending industry were given an opportunity this week to opine on the exact features such a package should have, and they took full advantage of it. Gary Thomas, president of the National Association of Realtors, speaking before the Senate Banking, Housing and Urban Affairs Committee, offered a baker’s dozen of specific proposals for elements of a future finance system, including an “efficient and adequately regulated secondary market,” which he said is essential to providing affordable mortgages to consumers. Also, the government-sponsored enterprise system “with private profits and taxpayer loss” must be replaced...

The Treasury Department’s “strategic plan” includes working to reform the government-sponsored enterprises and establishing a new position for a chief risk officer, according to a memo by Mary Miller, the Treasury’s undersecretary for domestic finance. The memo was dated Sept. 16 and uncovered this week by Bloomberg News. Reliable sources confirmed the accuracy of the report. According to the memo, the Treasury plans...

As lawmakers turn their attention to mortgage finance reform, including a final resolution of Fannie Mae and Freddie Mac, industry observers point to the current bipartisan effort in the Senate as the most promising avenue to legislative consensus. However, practical complexities and political considerations all but guarantee that the answer to the GSE question won’t be arrived at the easy way or anytime soon.

Consumer Financial Protection Bureau Director Richard Cordray continues to show no sign of yielding to persistent industry pressure to delay the implementation date for rules the bureau promulgated in January that will transform the mortgage lending landscape. At the same time, he is again suggesting that the CFPB will be somewhat flexible in its examination of companies’ compliance with all the new rules, if they can demonstrate they genuinely tried to get with the program in time. Addressing the annual convention of the American Bankers Association in New Orleans on Monday, Cordray seemed...

Mortgage finance reform is getting more attention on Capitol Hill after Congress gave itself a few more months of breathing room on budget and debt issues, but industry observers say there is increased chatter from champions of Fannie Mae and Freddie Mac who insist that killing them outright would do the mortgage market more harm than good. “There seems to be a bipartisan commitment to encourage private capital support for the U.S. housing market while winding down Fannie Mae and Freddie Mac, the government-sponsored enterprises that hold dominant positions in the mortgage market,” noted analysts from Standards & Poor’s in a report last week. In the Senate, Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, the chairman and ranking member of the Senate Banking, Housing and Urban Affairs Committee, continue...

FHA automation, delegated underwriting and lenders’ willingness to assume the liability risk for quality control allowed FHA lending to proceed with little disruption during the 16-day government shutdown that ended this week. Lenders said they expected no disruption in the origination or closing of FHA loans provided the shutdown did not drag on for an extended period. Individual FHA borrowers with loans in process that required specific actions by FHA staff experienced some delay. Lenders, like Wells Fargo, worked with those customers on a case-by-case basis to ...

The Department of Housing and Urban Development’s proposed “qualified mortgage” rule attaches certain conditions to QM treatment that may complicate matters for participating lenders, said attorneys with K&L Gates in Washington, DC. On Sept. 30, the Department of Housing and Urban Development published its own proposed QM rule for FHA loans. The CFPB rule takes effect on Jan. 14, 2014, and will apply to FHA loans until HUD issues a final rule. Under the CFPB rule, many FHA loans would not qualify for the rule’s safe harbor because the higher mortgage insurance premiums would make them “higher priced mortgage loans.” Thus, in order to ...

Two surviving spouses of deceased reverse mortgage borrowers won their case against the Department of Housing and Urban Development after a U.S. court found HUD in violation of federal law for failing to protect the spouses from foreclosure. The court’s decision marks a turning point for surviving spouses, such as Robert Bennett of Annapolis, MD, and Leila Joseph of Brooklyn, NY, and ensures that they will be protected against eviction and foreclosure, despite the loss of their husband or wife, said Jean Constantine-Davis, a senior attorney with the AARP Foundation Litigation. In March 2011, the AARP and the law firm of Mehri & Skalet of Washington, DC, filed ...

The so-called QM Plus alternative for defining qualified residential mortgages under the emerging risk-retention rule for asset securitizations threatens the intent of the Dodd-Frank Act to balance consumer protection and fair access to credit, a top industry official said last week. “We really think that the QM Plus provision goes way too far in tipping the balance” between consumer protection and access to credit, David Stevens, president and CEO of the Mortgage Bankers Association, said during a webinar last week sponsored by Inside Mortgage Finance. The revised risk-retention/QRM rule jointly released by a handful of federal agencies in August would align...

If the mortgage reform legislation drafted by Sens. Bob Corker, R-TN, and Mark Warner, D-VA, becomes law, the mortgage market would be reconstituted in such a way that the nation’s largest banks could dominate the MBS market, according to the Community Mortgage Lenders of America. The CMLA, which represents small- to mid-sized residential lenders, isn’t entirely enthralled with Fannie Mae and Freddie Mac either, but according to a recent letter sent to the Senate Banking, Housing and Urban Affairs Committee, it fears that “too big to fail” banks could prove an even greater danger. The correspondence notes...