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Congress Passes New Stop-Gap Funding Bill, Ends 3-Day Shutdown

January 26, 2018
President Trump this week signed a short-term spending bill that would keep the government operating until Feb. 8, 2018. The bill ended a three-day shutdown after the previous spending authority for most of the government expired at midnight on Jan. 19. However, the threat of another shutdown looms. FHA and Ginnie Mae both had contingency plans in place in case the short-lived shutdown dragged on, as it had in 2013. That event lasted for 16 days, at a loss of $1.6 billion a day to the federal government. Under FHA’s emergency plan, the agency would continue to endorse new single-family forward mortgages, but not Home Equity Conversion Mortgages and Title I loans. Ginnie would reduce staffing to essential personnel but continue its secondary market operations. It would continue to remit timely payment of principal and interest to investors, grant commitment authority and support issuance of ...
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Widespread Support for Portfolio QM Bill

January 26, 2018
Legislation that would define loans held in portfolio by smaller banks as qualified mortgages garnered unanimous support at a markup in the House Financial Services Committee last week. H.R. 2226, the Portfolio Lending and Mortgage Access Act, was approved on a 55-0 vote. The bill has been kicking around in Congress for years and was modified at the markup to help win support in the Senate. Rep. Andy Barr, R-KY, introduced the legislation. He said it will “expand access to ...
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The Twists and Turns of GSE Reform: Time Is Running Out for Legislative Action in 2018

January 25, 2018
The Senate Banking, Housing and Urban Affairs Committee this week continued to work on housing-finance reform legislation, with the hope that a bipartisan bill can still be cobbled together in a dysfunctional Congress. As for passage this year, that’s a different matter.
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Treasury Official Agrees with FHFA’s Objectives For Reforming the Housing-Finance System

January 25, 2018
The Treasury Department appears to be in agreement with the Federal Housing Finance Agency on objectives for a post-conservatorship housing-finance system, which includes preserving the 30-year fixed-rate mortgage and competition in the secondary market.
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Accountants Don’t Agree on Whether Mortgage Bankers Are Eligible for New Tax Deduction

January 25, 2018
A deduction included in the recently enacted Tax Cuts and Jobs Act aimed at small businesses could apply to mortgage banking companies, according to certain industry analysts. The tax law was written to limit the deduction for income from financial services activities, but there’s enough ambiguity at the moment for some accounting firms to see a way for lenders to take the deduction.
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House Passes Legislation to Exempt Small Lenders From Certain Dodd-Frank HMDA Requirements

January 25, 2018
While the House Financial Services Committee was busy last week passing a handful of mortgage-related bills, the full House passed legislation that would eliminate additional Home Mortgage Disclosure Act reporting requirements for smaller banks and credit unions as well as nonbanks.
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MBA and ALTA Publish Model Legislation as Move To Online Remote Notarizations Becomes Widespread

January 25, 2018
The Mortgage Bankers Association and the American Land Title Association have joined forces to produce a model piece of legislation to help standardize the process of online notarizations.
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House Panel Green Lights Multiple Mortgage-Related Measures

January 22, 2018
The House Financial Services Committee last week advanced a number of bills for a vote by the full House, including legislation that would expand the qualified mortgage box for smaller entities and exempt many institutions from the rules and regulations issued by the CFPB. One of the bills passed was H.R. 2226, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY. The measure would amend the Truth in Lending Act to allow certain mortgage loans that are originated and retained in portfolio by an insured depository institution or an insured credit union with less than $10 billion in total consolidated assets to be considered as qualified mortgages. Then there was H.R. 1264, the Community Financial Institution ...
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Compliance Attorneys Expect Easing of Reg, Enforcement

January 22, 2018
Some top compliance attorneys are optimistic that the CFPB under Acting Director Mick Mulvaney, or another President Trump appointee, will provide greater regulatory relief and clarity for lenders, and an easing of enforcement activity. Included in that mix could well be a return to the more traditional interpretation the Department of Housing and Urban Development had for the Real Estate Settlement Procedures Act. Gerald Sachs, formerly senior counsel for policy and strategy at the bureau and now a partner with the Venable law firm in Washington, DC, told Inside the CFPB recently he anticipates that “mortgage rules would be amended or revised to lessen the regulatory burden, clarify industry concerns or issues, and allow more access to credit.” In addition, ...
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FHFA Director Joins the GSE Reform Conversation, Seeks Explicit Guarantee

January 19, 2018
After years of being mum on what he thinks a reformed secondary mortgage market should look like, Federal Housing Finance Agency Director Mel Watt revealed FHFA’s goals for a post-conservatorship housing-finance system. Prompted by what Watt called “the growing perception that reform could be achievable this year,” he wrote to the Senate Committee on Banking, Housing and Urban Affairs on Jan. 16 outlining FHFA’s views on reform, which include an explicit government guarantee for mortgage-backed securities comprised of conventional home loans. According to the document, a copy of which was provided to Inside The GSEs, Watt and his staff reiterated that an ongoing conservatorship is not sustainable.
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