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Home » Topics » Inside Mortgage Finance » Legislation

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Treasury Department Benefits Big-Time from GSE Dividends, But Watt Is Wary of Risk of Future Draws

May 11, 2017
Federal Housing Finance Director Mel Watt this week expressed strong reluctance to allow Fannie Mae and Freddie Mac to be forced to take another draw on their Treasury line of credit. “FHFA has explicit statutory obligations to ensure that each enterprise ‘operates in a safe and sound manner’ and fosters ‘liquid, efficient, competitive and resilient national housing finance markets,’” Watt testified in a hearing at the Senate Banking, Housing and Urban Development Committee. “To ensure that we meet these obligations, we cannot risk...
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BlackRock Aligns With Consensus View That Reform Should Include Explicit Government MBS Guarantee

May 11, 2017
BlackRock this week joined with most other industry participants recommending that housing-finance reform include an explicit government guarantee for mortgage-backed securities backed by conventional home loans. The asset manager also highlighted the need to respect the rights of investors, ensure fungibility of the existing government-sponsored enterprise MBS in any new system and provide transparency at all levels. “This includes transparency regarding loan origination, securitization, and access to the secondary market,” said BlackRock. “We believe the role of Fannie Mae and Freddie Mac as they exit conservatorship should be clearly defined in any new housing finance system.” The firm suggested...
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Trump Tax-Reform Outline Prompts Divergent Views About Potential Impact on the Housing Market

May 11, 2017
The Trump administration’s tax-reform plan could boost home sales somewhat, though the National Association of Realtors and National Association of Home Builders have raised significant concerns about the treatment of deductions. At the end of April, the Trump administration released a one-page outline for reforming federal taxes. It calls for doubling the standard deduction to $24,000, maintaining the mortgage interest deduction and repealing the deduction for state and local taxes. William Brown, president of NAR, said the plan would effectively eliminate...
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House Committee Passes CHOICE Act, Prospects in Senate Iffy

May 8, 2017
The House Financial Services Committee last week spent three days marking up the Republican majority’s alternative to the Dodd-Frank Act. H.R. 10, the Financial CHOICE Act, introduced late last month by committee Chairman Jeb Hensarling, R-TX, would make a number of changes to the mortgage regulatory landscape. One provision would provide a safe harbor against litigation for residential mortgages held on the lender’s balance sheet since the origination of the loan if the mortgage fails to comply with ability-to-repay requirements. The measure also would revise the definition of “points and fees” under the Truth in Lending Act to exclude fees paid for affiliated business arrangements. Other language in the bill would exempt smaller creditors from TILA’s escrow requirements. Another provision ...
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CHOICE Act Would Interfere With Fixing CFPB Mortgage Rules: CMC

May 8, 2017
As the House Financial Services Committee prepared to begin marking up the Financial CHOICE Act last week, the Consumer Mortgage Coalition warned lawmakers that the bill would actually interfere with fixing the problems with the CFPB’s mortgage rules, despite the improvements it would otherwise make in the regulatory landscape. “A major problem facing the mortgage industry today is the Rube Goldberg morass of CFPB regulations that are so poorly written that no one knows how to comply,” the CMC said in a letter to lawmakers prior to the hearing. “The mortgage markets will not heal until the CFPB mortgage regulations are fixed. Fixing the regulations requires revising them through the normal notice and comment rulemaking process.” The problem, however, is ...
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Rep. Barr Re-Introduces Portfolio QM Measure. Will it Fly This Time?

May 8, 2017
Rep. Andy Barr, R-KY, last week re-introduced the Portfolio Lending and Mortgage Access Act (H.R. 2226), legislation that aims to expand access to mortgage credit by conferring qualified mortgage status upon loans originated by a bank and held in portfolio. The bill sponsor also hopes that it will discourage the practices that led to the 2008 financial crisis and the resulting taxpayer bailouts of Fannie Mae, Freddie Mac, and too-big-to-fail financial institutions. The legislation had some bipartisan support when Barr introduced it in the previous Congress, passing the U.S. House of Representatives by a vote of 255-174. However, the measure never made it out of the Senate Banking, Housing and Urban Affairs Committee. Supporters hope this time around will be ...
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Updated CHOICE Act Makes FHFA Director Removable by President

May 5, 2017
The House Financial Services Committee passed the updated version of the Financial CHOICE Act, which includes a new provision that lets the president fire the director of the Federal Housing Finance Agency at will and makes Congress responsible for setting the agency’s budget. The CHOICE Act 2.0 removed the original text, which recommended restructuring the agency to a five-member board. So while the current single-directorship structure would be maintained, the FHFA director can be asked to vacate the position by the president at any time. FHFA Director Mel Watt’s five-year term ends in early 2019. The provisions in this Republican bill would make widespread changes to the Dodd-Frank Act, but...
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Fannie and Freddie Would Be Subject to FOIA Act

May 5, 2017
The Freedom of Information Act would apply to Fannie Mae and Freddie Mac under H.R. 1964 unanimously passing the House on April 27. The bill, introduced by Rep. Jason Chaffetz, R-UT, would make the GSEs’ records available to the public on request. This changes the current law, which states the FOIA didn’t apply to Fannie and Freddie while under conservatorship because they aren’t federal agencies. But under H.R. 1964, also known as the Fannie and Freddie Open Records Act of 2017, the FOIA allows anyone to request and obtain existing, identifiable, and unpublished agency records on any topic. During floor debate, representatives added...
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Choice Act 2.0: FHFA Structure Remains, but Director Subject to Removal by U.S. President

May 5, 2017
The House Financial Services Committee this week approved legislation that would allow the White House to fire the director of the Federal Housing Finance Agency at will and allow Congress to set the agency’s annual budget. Those provisions are included in the CHOICE Act, a Republican bill that would make sweeping changes to the Dodd-Frank Act. While the legislation is expected eventually to be cleared by the full House on a partisan vote, its fate in the Senate is murkier. FHFA Director Mel Watt’s term as chief regulator of Fannie Mae and Freddie Mac ends...
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House Committee Begins Markup of CHOICE Act, Relief for Community Banks One Point of Consensus

May 4, 2017
The House Financial Services Committee this week began marking up the Republican majority’s alternative to the Dodd-Frank Act, H.R. 10, the Financial CHOICE Act, introduced late last month by committee Chairman Jeb Hensarling, R-TX. As previously reported, the bill would make numerous changes to the mortgage lending regulatory landscape, and eliminate the Consumer Financial Protection Bureau’s rulemaking, supervisory and enforcement authority, among other significant changes. As Inside Mortgage Finance went to press, lawmakers of both parties were squabbling...
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