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Home » Topics » Inside Mortgage Finance » Legislation

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Senate Bill Would Help Lenders Originate Non-agency Qualified Mortgages for Self-Employed Borrowers

September 6, 2018
Self-employed borrowers that can’t qualify for non-agency qualified mortgages could see relief from a bill introduced in the Senate last week.
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CBO Says Expect Rising Rates if Housing Market is Privatized

August 31, 2018
New housing finance structures created to increase private capital would leave borrowers with slightly higher interest rates but greatly reduce federal costs, according to a new report from the Congressional Budget Office. The report examined several structures, ranging from a fully federal guarantee on mortgage-backed securities to a largely private market. On a “fair value” basis, it will cost the federal government $19 billion over the next 10 years to backstop an estimated $12 trillion in Fannie Mae and Freddie Mac mortgage-backed securities. The CBO notes the cost “represents the estimated amount that the government would have to pay private guarantors to bear the credit risk of the new guarantees.”
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GSE Roundup

August 31, 2018
Fannie Mae and Freddie Mac should focus on things like cash flow projections, diversified funding and identifying potentially adverse events to manage their liquidity risk, according to a new advisory bulletin issued late this month by the Federal Housing Finance Agency.
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Proposed Rule on New Tax Deduction for Pass-Through Entities Could Leave Out Many Lenders

August 23, 2018
The Internal Revenue Service published a proposed rule this month to help determine who’s eligible for a new 20.0 percent tax deduction for pass-through entities. Lenders that retain their production in portfolio look to be eligible for the deduction but there’s uncertainty about businesses that originate and sell loans.
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Other News in Brief: HMDA Verification Tool; Mulvaney's Job Addresses; CFPB Reform

August 20, 2018
CFPB Announces HMDA File Format Verification Tool and New 2017 Dataset. The CFPB earlier this month released the 2018 File Format Verification Tool (FFVT) which tests whether HMDA reporters’ files meet certain formatting requirements needed to submit data to the HMDA platform. Specifically, the FFVT will test whether the file is pipe-delimited, has the proper number of data fields, and has data fields formatting as integers, where necessary ... [Includes three briefs]
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MBA Urges Congress to Fix Problem of ‘Orphaned’ VA Mortgage Loans

August 10, 2018
The Mortgage Bankers Association called upon Congress to pass legislation to restore Ginnie Mae eligibility for so-called orphaned VA loans, which have caused a temporary disruption in the government-backed secondary market. In written testimony to the Senate Committee on Veterans’ Affairs last week, the MBA urged lawmakers to make technical corrections to restore the eligibility of certain Interest Rate Reduction Refinance Loans for pooling. The MBA estimated the VA orphan loan mess at roughly $500 million. Due to new loan seasoning requirements in the recently enacted Economic Growth, Regulatory Relief, and Consumer Protection Act, sime IRRRLs were rendered ineligible for Ginnie MBS pools. The loans were in transit when legislation addressing the problem of VA loan churning and serial refinancing became law in May. The new law’s seasoning provisions turned out to be ...
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Treasury Urges HUD to Clarify FCA Materiality, Severity of Violations

August 10, 2018
A Treasury Department report called on the Department of Housing and Urban Development to establish clear standards for determining which mortgage-related violations and loan defects the Department of Justice should pursue under the False Claims Act. The report also recommended that DOJ ensure that materiality, for purposes of the FCA, is linked to the standards of the agency administering the program to which the claim has been filed. Furthermore, it urged both HUD and the DOJ to work together to clarify the process by which they can jointly resolve claims. The report was issued pursuant to President Trump’s February 2017 executive order establishing his administration’s policy to regulate the U.S. financial system according to a set of core principles. Both HUD and the DOJ have been successful in using the statute to prosecute FHA lenders who knowingly commit fraud or make ...
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Senate Passes FY 2019 T-HUD Bill, Preserves Previous Funding Levels

August 10, 2018
On Aug. 1, the U.S. Senate voted 92-6 to pass a four-bill appropriations package that includes FY 2019 funding for the Department of Housing and Urban Development and the U.S. Department of Agriculture housing programs. The bill passed without changes to program funding levels previously approved by Senate appropriators. The House Appropriations Committee has approved FY19 spending bills for both HUD and USDA. The full House, which is away for the summer break until Sept. 4, has not yet voted on the package. The Senate bill retains the previous fiscal year’s $400 billion in new loan commitments in the FHA Mutual Mortgage Insurance Fund and $30 billion for the general insurance and special risk insurance program, which include special purpose single- and multifamily loans, multifamily rental housing and condominiums. The bill also sets aside $550 billion for Ginnie Mae ...
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GSE Shareholders Propose New Theory in Their Challenge To Net Worth Sweep Focusing on FHFA Constitutionality

August 10, 2018
Fannie Mae and Freddie Mac shareholders are working to make sure their cases against the government don’t get shoved aside after a string of adverse court decisions. Plaintiffs are looking to tweak their complaint to include a challenge based on a ruling in another case that the Federal Housing Finance Agency structure is unconstitutional.
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VA, MBA Nix Bill Seeking to Raise Loan Fees to Pay for Vet Benefits

August 10, 2018
A legislative proposal to charge veterans, servicemembers and military spouses more for a VA home loan is getting heat from lenders and the Department of Veterans Affairs itself. Testifying before the Senate Committee on Veterans Affairs last week, Paul Lawrence, VA undersecretary for benefits, warned that increasing VA loan fees would impose additional financial burdens on veterans who are trying to buy a home, making them more vulnerable to predatory lending. Fee-related proposals are included in H.R. 299, the Blue Water Navy Vietnam Veterans Act of 2017. The House of Representatives passed the bill by a vote of 382-0 in June and it is currently under consideration in the Senate. H.R. 229 would expand disability benefits to Vietnam veterans who were exposed to Agent Orange while serving on U.S. ships offshore or on the ground in Thailand and the Korean demilitarized ...
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