Days after the full House of Representatives passed legislation that would amend the points-and-fees calculation in the CFPB’s ability-to-repay rule, the bill ran into some sudden resistance on the other side of Capitol Hill. H.R. 685, the Mortgage Choice Act, is a bipartisan bill that would clarify that certain affiliated title costs do not count against the “qualified mortgage” 3 percent cap on points and fees under the bureau’s ATR rule. H.R. 685, introduced by Rep. Bill Huizenga, R-MI, with dozens of co-sponsors from both parties, would exclude from the definition of points and fees all title charges, regardless of whether they are charged by an affiliated company, provided they are bona fide and reasonable. Lawmakers in the House passed ...

The odds that the CFPB will publicly announce or tacitly concede some degree of soft enforcement of its integrated disclosure rule, known as TRID, may have improved recently when two Republican Congressmen called on the bureau to give the mortgage industry such a break when the rule kicks in Aug. 1, 2015. “We strongly encourage you to make the August 1, 2015, to December 31, 2015, timeframe a ‘hold harmless’ period of restrained enforcement and liability,” said Reps. Blaine Luetkemeyer, R-MO, and Randy Neugebauer, R-TX, in a letter recently sent to CFPB Director Richard Cordray. “This would allow all parties to better understand the changes associated with TRID and help ensure consumer confidence and stability in the nation's housing market,” ...

The Mortgage Bankers Association sent a letter to House Republican leadership recently in support of three bills that would restructure the CFPB. The bills include H.R. 1266, the Financial Products Safety Commission Act, which would replace the CFPB’s single-director governance structure with a five-member commission. “A commission structure assures judicious consideration of a range of viewpoints in carrying out regulatory functions with appropriate involvement of representatives of both parties and a range of interests including those of both consumers and industry,” the MBA said. There is also H.R. 1261, the Bureau of Consumer Financial Protection Accountability Act, which would subject the bureau to the congressional appropriations process. “It is important to note the legislation does not limit funding for the ...

Congresswoman Krysten Sinema, D-AZ, said that the CFPB can be a source of confusion for many in the mortgage industry. Although the overall idea of the bureau is sound, the implementation has been difficult, she said. “It’s been particularly frustrating for folks working in the industry,” she said at last week’s Mortgage Bankers Association’s National Advocacy Conference in Washington, DC. “Part of the frustration is that the CFPB is set up as an independent organization where Congress doesn’t have any kind of official oversight.” Sinema, a member of the House Committee on Financial Services, believes there’s a lot of room for growth in terms of accountability with the bureau, and said creating clearer rules is a part of it. “One ...

The CFPB doesn’t have enough power as currently authorized under the Dodd-Frank Act and should be given oversight over auto dealers, according to the “mother” of the bureau, Sen. Elizabeth Warren, D-MA. “The consumer agency’s early results have been good for consumers and good for the economy as a whole, but there’s more to be done,” Warren said in a speech last week. “Right now, the auto loan market looks increasingly like the pre-crisis housing market, with good actors and bad actors mixed together.” As the senator sees it, the market is now “thick with loose underwriting standards, predatory and discriminatory lending practices,” and increasing repossessions. She then cited one study that estimated that these kinds of auto dealer markups ...

CFPB Community Bank Advisory Council Meeting April 22. CFPB Director Richard Cordray plans to discuss credit scores and credit reporting and the related implications for community banks when the bureau convenes the next meeting of its Community Bank Advisory Council on April 22, from 3:00 p.m. to 4:30 p.m., in Washington, DC. The event is scheduled to be held at the bureau’s location at 1275 First Street, N.E., and is open to the public, but an RSVP is required to attend. CFPB to Hold Research Conference May 7-8. The CFPB plans to host its first research conference May 7-8, 2015. The conference will focus on high-quality consumer finance research, with academic and government researchers presenting their research papers. “The goal ...

The Obama administration and the head of the Mortgage Bankers Association, among others, agree that the ongoing conservatorship of the government-sponsored enterprises is unsustainable. However, with a strong divide between political parties regarding the level of government support needed in a system that replaces Fannie Mae and Freddie Mac, GSE reform remains a notion years away from completion. “Market participants are truly uncertain about the government’s longer-term ...

The House of Representatives early this week passed H.R. 685, the “Mortgage Choice Act,” bipartisan legislation which would clarify that certain affiliated title costs do not count against the “qualified mortgage” cap on points and fees under the ability-to-repay rule. H.R. 685, introduced by Rep. Bill Huizenga, R-MI, with 37 co-sponsors from both parties, excludes from the definition of points and fees all title charges, regardless of whether they are charged by ...

Fannie Mae and Freddie Mac are legally bound to poverty and to remain instruments of the federal government in perpetuity, but Treasury officials argue that the current conservatorship arrangement is better for the government-sponsored enterprises and the housing market. At a seminar in Washington, DC, this week, Treasury Counselor Michael Stegman said that the GSEs benefit from the agreement under which nearly all of their profits are siphoned off by the government ...

Sen. Chuck Grassley, R-IA, chairman of the Judiciary Committee, sent letters on April 7 to the Department of Justice and the Treasury requesting documents and details regarding the government’s 2011 decision to take the bulk of Fannie Mae’s and Freddie Mac’s profits. This comes on the heels of reports suggesting President Obama has invoked executive privilege over some of the documents pertaining to the decision. While admitting that he’s unclear whether or not the president asserted executive privilege, Grassley emphasized the importance of transparency and said taxpayers have a right to know what transpired that resulted in billions of dollars going to the Treasury. “But instead of transparency, there appears to be an invocation of executive privilege,” he said. “If true, this is cause for concern.”