Reps. Randy Hultgren, R-IL, and Gwen Moore, D-WI, introduced a bill in favor of captive insurers maintaining their Federal Home Loan Bank membership. Captive insurance lenders that joined the system prior to January 2016 currently have five years to terminate their FHLBank membership. Those that came into the system after that date have one year to exit the system. H.R. 289, the Housing Opportunity Mortgage Expansion (HOME) Act, would allow the five-year captives to maintain their membership, as long as they can demonstrate a commitment to residential mortgage activities. The bill’s sponsors explained that the legislation supports the notion that companies with a history and mission of supporting residential housing should be able to continue to serve their communities.

The Conference of State Bank Supervisors has called for granting community banks relief from the Consumer Financial Protection Bureau’s ability-to-repay rule as well as the reporting requirements under the Home Mortgage Disclosure Act. Testifying before the Senate Banking, Housing and Urban Affairs Committee last week, Charles Cooper, commissioner of the Texas Banking Department and immediate past chairman of CSBS, said the rules limit the ability of smaller financial institutions to engage in residential lending. “Smaller and less complex institutions have reported...

The Mortgage Bankers Association recently submitted a brief to the Supreme Court of the United States in a pending case regarding class-action waivers and arbitration clauses in employment agreements. The MBA and eight state-affiliated MBAs argued that class action waivers are critical for smaller employers such as independent mortgage companies. The Supreme Court has agreed to hear Epic Systems Corp. v. Lewis as part of its term that begins in October. Epic Systems, a health care software company, required certain groups of employees to agree to bring any wage-and-hour claims against the company only through individual arbitration. Circuit courts have issued...

The House Financial Services Committee may take up housing-finance reform after Congress returns from its August recess, according to a key GOP member of the panel. But Rep. Blaine Luetkemeyer, R-MO, who chairs the subcommittee on financial services and consumer credit, told a recent meeting of the Financial Services Roundtable that he doesn’t expect any real movement on housing reform this year. “I wouldn’t expect...

The U.S. House of Representatives was a relatively busy place last week, with a handful of measures related to flood insurance passing the House Financial Services Committee, and a few other, small-scale, individual mortgage reforms being introduced. Among the bills passed by the committee was H.R. 2875, the “National Flood Insurance Program Administrative Reform Act of 2017,” introduced by Rep. Nydia Velazquez, D-NY. It would make certain administrative reforms to the NFIP to increase fairness and accuracy and to protect the taxpayer from program fraud and abuse. The legislation passed on a 58-0 vote. Also favorably voted on was...

House Financial Services Committee Approves Flood Insurance Reform Measures.The House Financial Services Committee this week reported out several bills to reform and reauthorize the National Flood Insurance Program, which is set to expire on Sept. 20, 2017. The bills that passed included H.R. 2875, the National Flood Insurance Program Administrative Reform Act of 2017, which would protect taxpayers from program fraud and abuse; H.R. 1588, the Repeatedly Flooded Communities Preparation Act, which would ensure community accountability for areas frequently damaged by floods; and H.R. 1422, the Flood Insurance Market parity and Modernization Act, which would increase the availability of private flood insurance. The committee also approved H.R. 2246, the Taxpayer Exposure Mitigation Act of 2017, which would shift flood insurance risk for commercial and multifamily properties in ...

Sen. Mark Warner, D-VA, suggested the widespread view that Congress won’t get around to resolving the conservatorships of Fannie Mae and Freddie Mac may be too pessimistic. Speaking at a Mortgage Bankers Association conference in Washington, DC, this week, Warner said, “This may surprise some folks, but I think the stars may align where you could actually see housing-finance reform happen in front of some of the Dodd-Frank reform.” Warner, who co-authored a reform bill four years ago, said...

The Treasury Department last week released a report that called for regulatory reforms aimed to help boost non-agency originations and market share. Many of the reforms relating to the non-agency market could be completed without action from Congress. However, most of them are overseen by the Consumer Financial Protection Bureau, and Treasury’s recommendations appear unlikely to be enacted as long as Richard Cordray is director of the CFPB. Treasury sought input ...

The month of July may very well be do-or-die time for policymakers to decide whether they should delay implementation of the Consumer Financial Protection Bureau’s new reporting requirements under the Home Mortgage Disclosure Act. “Regulators, and particularly members of Congress, don’t understand that if you’re going to delay the rule based on the technology implications of it, you really have to make a decision fairly far out before the rule becomes effective,” said Richard Andreano, a partner with the Ballard Spahr law firm in Washington, DC. He gave his remarks during a panel discussion at the American Bankers Association’s annual regulatory compliance conference, held in Orlando last week. In his judgement, July is...

Reps. Randy Hultgren, R-IL, and Gwen Moore, D-WI, want to restore Federal Home Loan Bank membership for captive insurance lenders that joined the system prior to the Federal Housing Finance Agency’s rulemaking that restricted membership of firms that would otherwise be ineligible. H.R. 289, the Housing Opportunity Mortgage Expansion (HOME) Act, would allow FHLBank members that were booted from the system to rejoin it, as well as the retention of those whose departure is pending, if they can demonstrate a commitment to residential mortgage activities. Most of the affected companies are real estate investment trusts. The sponsors explained...