In a move that would benefit the secondary market for loans made by national banks, members in the Senate and the House of Representatives recently introduced legislation to clarify that interest rates on certain loans remain unchanged after the sale or transfer of the loan. In the Senate, Democrat Mark Warner of Virginia late last week introduced S. 1642, which would amend the National Bank Act to clarify that loans which are valid when made remain valid when they’re sold, even to buyers subject to different state law. Similar language would be added to the Home Owners’ Loan Act, the Federal Credit Union Act, and the Federal Deposit Insurance Act. Joining Warner in sponsoring the bill were...

The Senate Committee on Appropriations last week voted 31 to 0 to set aside $40.2 billion in discretionary spending for the Department of Housing and Urban Development for FY 2018. The full committee vote on July 31 followed a subcommittee vote earlier in the week. The Senate funding bill includes $400 billion in new loan commitments under the FHA Mutual Mortgage Insurance Fund, including the Home Equity Conversion Mortgage program, and $130 million for FHA’s administrative expenses. However, the bill did not grant a HUD request for authority to impose a lender fee to help cover FHA’s information technology upgrades, risk management and quality-assurance improvements. The House HUD spending bill provided $130 million for administrative costs and added another $5 million for IT enhancement. House appropriators passed their version late last month. The Senate bill also ...

The private mortgage insurance industry urged the Consumer Financial Protection Bureau this week to consider including the qualified-mortgage standards of the FHA, VA and the U.S. Department of Agriculture in its assessment of the ability-to-repay/QM rule. In a comment letter, industry trade group U.S. Mortgage Insurers said it would be impossible to perform a full assessment of the ATR/QM rule without considering the different federal agency QM rules. If it does not expand the scope of its assessment, the CFPB should at least consider the impact the rules have on consumers in relation to the agency QM rules. In May, the CFPB notified stakeholders of its plan to evaluate the effectiveness of the ATR/QM rule in terms of its benefits and costs. Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, which established new standards for mortgage lending, including requiring lenders to assess consumers’ ability to repay. The statute also established a class of “qualified mortgage” loans that cannot have certain risky product features and are presumed to comply with the ATR requirement.

The Senate Committee on Appropriations last week unanimously approved legislation setting aside $40.2 billion in discretionary funding for the Department of Housing and Urban Development for fiscal 2018. The Senate HUD appropriations bill passed by a vote of 31-0 and, like the House version, did not include authority for HUD to charge a fee to cover FHA’s administrative costs and systems upgrades as proposed in the Trump administration’s budget request. Rather, both bills set aside $130 million for administrative expenses with the House adding another $5 million for technological improvements. In addition, the committee recommended...

If lawmakers and regulators are interested in bringing capital back to the private mortgage market and facilitating borrower access to credit in a responsible manner, they must make much-needed reforms to a handful of key mortgage rules promulgated by the CFPB, according to bond giant Pacific Investment Management Co. One recommended revision is eliminating the expansion of assignee liability for investors under the CFPB’s ability-to-repay rule. “Currently under the Dodd-Frank Act, mortgage investors are liable for mistakes made by lenders in the mortgage origination process for certain mortgage loans that are not deemed qualified mortgages,” said PIMCO. “Since investors have no role or discretion in the mortgage origination process, we believe this is not only nonsensical, but also has the ...

While lawmakers continue to mull over the multitude of plans for housing finance reform, small lending institutions said a complete overhaul of the secondary market is unnecessary. In fact, they said it would make things too complicated. Representatives from community banks spoke during a Senate Banking, Housing and Urban Affairs hearing last week focused on GSE reform. There was consensus among the community banks that there’s no need to add more guarantors in addition to Fannie Mae and Freddie Mac in the name of competition. They said doing so would just increase the regulatory burden.

The common securitization platform, if expanded to allow other users, could become a centerpiece for housing finance reform. That’s the view of Jim Parrott, a fellow at the Urban Institute and former White House senior advisor at the National Economic Council under the Obama administration. Converting the CSP to a government or government-like utility open to issuance by other guarantors could help end the Fannie Mae and Freddie Mac duopoly by reducing barriers for new entrants. Parrott added that examining which functions the GSEs currently provide that could be moved to the CSP to help level the playing field for more competition would be ideal.

The Pacific Investment Management Company believes the private mortgage market should be revived before comprehensive GSE reform. In a paper published last week, the investment management firm weighed in on the debate to reform Fannie Mae and Freddie Mac. It noted that a few small legislative changes would make a huge difference in bringing private capital back to the housing-finance market. Growth in the housing market will come if policymakers are willing to modify existing laws and regulations governing the private mortgage market, according to PIMCO. The company said that would bring back responsible mortgage lending while boosting economic growth and providing more access to credit.

House Democrats are trying to persuade Housing and Urban Development Secretary Ben Carson to reinstate a 25-basis-point FHA mortgage insurance premium cut scheduled under the Obama administration, citing continuing improvement of the FHA Mutual Mortgage Insurance Fund. In a letter to Carson last week, 21 Democrats led by Rep. Joyce Beatty, OH, called upon the secretary to place homeownership within the reach of families, especially millennials and minorities, by lowering the FHA annual MIP rates to the same level that was announced during the waning days of the Obama administration. On Jan. 9, 2017, encouraged by the strong recovery of the MMI Fund, former HUD Secretary Julian Castro announced...

Getting Fannie Mae and Freddie Mac out of limbo should not result in the creation of multiple guarantors, according to community lenders testifying at a housing-finance reform hearing in the Senate Banking, Housing and Urban Affairs Committee last week. “The worst outcome in … reform would be to allow a small number of mega-firms to assume the size and scale of Fannie and Freddie under the pretense of creating a private sector solution strong enough to assure the markets in all economic conditions,” said Jack Hopkins, president and CEO of CorTrust Bank, on behalf of the Independent Community Bankers Association. Any plan that promotes consolidation is...