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Home » Topics » Inside Mortgage Finance » Legislation

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Yearend May Have Industry, Trump Admin Scrambling for a Solution

December 1, 2017
As the end of the year nears, there’s been talk this week about negotiations underway between the Federal Housing Finance Agency and the Trump administration to address the capital situation at Fannie Mae and Freddie Mac. Although no one is confirming the discussion, a Bloomberg report quoted an anonymous source as saying that FHFA officials want Fannie and Freddie each to keep a capital buffer of $2 billion to $3 billion on their books. In return, the report said, the administration wants to limit the GSEs’ activity in the market by tightening restrictions on the type of loans they buy. In late 2013, former FHFA Acting Director Ed DeMarco proposed implementing a loan size limit on...
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KBW, IU Weigh in On Corporate Tax Reduction Impact on DTAs

December 1, 2017
If Congress succeeds in cutting the corporate tax rate next year, the GSEs would have to write down their deferred tax assets by somewhere between $13 and $19 billion or face having to take a draw from the Treasury, according to estimates from Keefe, Bruyette & Woods. The House Republican tax reform plan proposes to lower the corporate tax rate from 35 percent to 20 percent. It would be the largest reduction in the corporate rate in the nation’s history. But KBW also said having to take a draw because of the DTA write-down may not be that big of a deal.
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Ginnie Mae to Issue Anti-Churning Measures Soon, Lawmakers Query Bright on Housing Reform Paper

December 1, 2017
Ginnie Mae will soon announce a series of measures to resolve improper refinancing of VA loans that is causing rapid prepayments in the agency’s MBS, according to Michael Bright, Ginnie’s acting president.
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Senators Showing Housing-Finance Reform Bill to a Select Few as Policymakers Eye Pending Erosion of GSE Capital

November 30, 2017
As the calendar winds down on 2017, staffers for Sens. Robert Corker, R-TN, and Mark Warner, D-VA, are busy working on housing-finance reform legislation, showing their progress, thus far, to a small group of industry insiders, Inside Mortgage Finance has learned.
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Housing Industry Braces for Numerous Negative Impacts From Tax Reform Bill on Verge of Approval by the Senate

November 30, 2017
In addition to controversial changes in the treatment of housing-related tax breaks, the fast-moving Senate tax reform bill includes provisions that could disrupt the mortgage servicing business. The Senate was scheduled to vote on the legislation by the end of the week.
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Ex-FHA Chief Suggests Raising FHA Capital Ratio, Other Reforms

November 22, 2017
A former FHA commissioner has recommended raising the agency’s capital reserve ratio to 3 percent, to make FHA stronger and more resilient. Carol Galante, who served two years as FHA commissioner and assistant secretary for housing in the second term of the Obama administration, laid out her proposal along with other recommendations in a paper that she co-authored. Housing-finance reform without a retooled FHA could threaten families’ access to homeownership and increase risk to taxpayers, contrary to the goals of reform, said Galante, currently the faculty director of the Terner Center for Housing Innovation at University of California Berkeley. In her paper, Mission Critical: Retooling FHA to Meet America’s Housing Needs, Galante spelled out the changes necessary to help FHA perform its complementary and countercyclical role in the nation’s housing markets. Galante called for ...
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House Panel OKs Reforms to CFPB Mortgage-Related Rulemakings

November 20, 2017
Last week, the House Financial Services Committee approved several bills that would override the CFPB on some of its key mortgage-related rulemakings. The voting included the passage of H.R. 1153, the Mortgage Choice Act of 2017, which would exclude from the ability-to-repay calculation of points and fees insurance and taxes held in escrow and fees paid to affiliated companies as a result of their participation in an affiliated business arrangement. The bill passed by a recorded vote of 46 ayes and 13 nays. Jaret Seiberg, an analyst with Cowen Washington Research Group, said in a client note, “This would permit lenders to work with affiliate title insurers without worrying about the points-and-fees cap.” Another measure that survived the legislative gauntlet ...
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Senate Banking Panel Agrees to Separate Mortgage Reforms

November 20, 2017
Last week, the Senate Banking, Housing and Urban Affairs committee endorsed a handful of legislative provisions related to mortgage financing, including a measure that tackles one aspect of the CFPB’s integrated-disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act.One section of the still-to-be-named bill would remove the three-day waiting period required for the combined TILA/RESPA mortgage disclosure if a creditor extends to a consumer a second offer of credit with a lower annual percentage rate. It also would express the sense of Congress that the CFPB should provide clearer, authoritative guidance with respect to certain issues. A separate section deals with escrow requirements for certain consumer credit transactions. These provisions would provide an ...
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Other News in Brief/More Industry Advice for a Post-Cordray CFPB

November 20, 2017
More Industry Advice for a Post-Cordray CFPB. Competitive Enterprise Institute financial policy expert John Berlau said last week, “Richard Cordray’s impending resignation as director of the CFPB is long overdue.... Growth of CFPB Leveling Off. The total number of employees at the CFPB came to 1,668 for fiscal year 2017, up 20 positions from the year before, according to the bureau’s latest financial statements for the last two years.... GAO Signs Off on CFPB Financial Statements. The Government Accountability Office audited the CFPB’s financial statements for fiscal years 2016 and 2017, and found they are “presented fairly, in all material respects, in accordance with U.S. generally accepted accounting principles.”...
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Tax Reform Plan Puts GSEs a Step Closer to Potential Treasury Draw

November 17, 2017
With the Senate and the House having both recently released their tax proposals, it’s the House plan to cut corporate taxes in 2018 that would impact the GSEs by threatening their deferred tax assets. A corporate tax cut would likely force Fannie Mae and Freddie Mac to take draws from the U.S. Treasury. This is especially true in light of the fact that by Jan. 1, 2018, neither GSE will be allowed to hold a capital buffer to absorb any losses. A cut to corporate taxes means a write down of some Fannie/Freddie DTAs, including mortgage-related assets, allowances for bad loans, derivatives-related basis differences and deferred fees, which are all currently held at a higher tax rate.
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