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Bipartisan Group of Senators Press FHFA for Clearer Roadmap of GSE Risk Transfers, More Transparency

June 12, 2015
The Federal Housing Finance Agency needs to be more forthright about its plans to expand the credit-risk transfer activities of Fannie Mae and Freddie Mac, according to a bipartisan group of lawmakers on the Senate Banking, Housing and Urban Affairs Committee. In a letter sent to FHFA Director Mel Watt this week, the six senators said the agency’s public guidance on the program “lacks specificity, metrics and long-term direction.” Watt and other FHFA officials have talked about risk transfers by the two government-sponsored enterprises, but most of the description of the program is somewhat vaguely outlined in the agency’s strategic plan and the so-called 2015 scorecard. The bipartisan group, which includes Sens. Mark Warner, D-VA, and Mike Crapo, R-ID, urged...
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FHA to Propose New Condo Policy To Ensure Compliance with HERA

June 12, 2015
The FHA plans to issue a proposed rule in the fall that would allow it to insure single-family condominium units in multifamily projects, according to the agency’s regulatory agenda for the second half of 2015. The proposed rule would cover condo units that are attached, detached, semi-detached or manufactured. It would apply as well to undivided interests in the common areas and facilities that serve the project. The proposed change would clarify and ensure lender compliance with the Housing and Economic Recovery Act of 2008. HERA moved FHA’s authority to insure single-family condominiums from Section 234 to Section 203 of the National Housing Act. However, because Section 203 does not provide the same authority for FHA, rulemaking became necessary. HERA also granted FHA the authority to issue administrative notices to convey condominium policy guidance until a ...
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Industry Groups Appeal to Congress Again for Formal ‘Hold-Harmless’ TRID Enforcement Period

June 11, 2015
Nearly a score of industry trade groups sent a letter this week to the leadership of the House Financial Services Committee, urging them to pass legislation to provide a reasonable hold-harmless period for enforcement of the CFPB’s TILA-RESPA Integrated Disclosures (TRID) regulation for lenders trying to do their best to comply. “We appreciate that the bureau indicated it will be sensitive to the progress made by those entities that make good-faith efforts to comply,” the 19 groups said in a letter to Committee Chairman Jeb Hensarling, R-TX, and Ranking Member Maxine Waters, D-CA. “At the same time, the industry needs...
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Housing Finance Reform Talks Focus on Credit, Private Capital

June 5, 2015
The U.S. Department of Housing and Urban Development Secretary Julian Castro and Rep. Ed Royce, R-CA, agree that housing reform needs to happen, but while Royce emphasized the need to get private capital back in the system, Castro focused on the issue of credit access. Royce and Castro were speakers during a June 3 housing finance forum in Washington sponsored by the National Journal. Castro said part of the challenge for Democrats and Republicans in both Houses is the issue of access to credit. “How do you ensure that in the system there’s a good amount of access of credit to people of moderate means just like people of strong means,” said Castro.
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CFPB Says It Will be ‘Sensitive’ to Lenders on TRID Compliance, Suggesting Some Enforcement Leniency

June 4, 2015
The Consumer Financial Protection Bureau indicated this week that it will be somewhat accommodating to mortgage lenders when it comes to enforcing the pending integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. The agency confirmed in a blog post that it delivered a letter to members of Congress stating that its oversight of the TRID rule “will be sensitive to the progress made by those entities that have been squarely focused on making good-faith efforts to come into compliance with the rule on time.” The agency also said...
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Hill Dems Resurrect Reg Relief Bill

June 4, 2015
Democrats in the Senate and the House this week re-introduced a regulatory relief bill that would grant qualified-mortgage status for loans held in portfolio, but only for smaller financial institutions. Banks and credit unions with less than $2 billion in consolidated assets which originate fewer than 2,000 mortgage loans per year could make loans that exceed the 43 percent debt-to-income ratio under the QM standard and still receive the QM safe harbor so long as the loan is held in portfolio, according to a summary of the draft. Depository institutions with less than $10 billion in assets would get...
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Congress Intensifies Pressure on CFPB Over TRID Enforcement

June 1, 2015
More than 250 members of the House of Representatives have signed onto a letter to Consumer Financial Protection Bureau Director Richard Cordray, urging he institute a “grace period” of enforcement with the bureau’s pending integrated disclosure rule that takes effect Aug. 1, 2015. The lawmakers have joined the mortgage lending industry in calling for an ease on tight enforcement of the TILA/RESPA Integrated Disclosure (TRID) rule from the Aug. 1 effective date through the end of the year. “[T]his complicated and extensive rule is likely to cause challenges during implementation, which is currently scheduled for Aug. 1, 2015, that could negatively impact consumers,” said the lawmakers. “As you know, the housing market is highly seasonal, with August, September and October ...
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Reg Relief Bill Aims to Expand QM Status, Tweaks Other Rules

June 1, 2015
The Republican version of regulatory relief legislation that passed out of the Senate Banking, Housing and Urban Affairs Committee recently revises a handful of CFPB rulemakings in a number of key areas, most notably in liberalizing the criteria for qualified mortgage status under the CFPB’s ability-to-repay rule.However, the lender/creditor would have to hold the loan in portfolio from its inception, or any acquirer of the loan must continue to hold it in portfolio.Additionally, the mortgage cannot have been acquired through securitization, nor can it have certain forbidden features, like negative amortization, interest-only provisions, or a loan term in excess of 30 years. Further, the lender would be required to document the borrower’s income, employment, assets and credit history...
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Regulatory Relief: Lenders, Don’t Get Too Excited Just Yet

June 1, 2015
Lenders are so amped up about the CFPB’s pending integrated disclosure rule and the host of other mortgage-related and other financial services regulations from the bureau that they can be forgiven for getting excited about the prospect of regulatory relief from sympathizers in Congress. However, the bill that made its way out of the Senate Banking, Housing and Urban Affairs Committee, the Financial Regulatory Improvement Act of 2015, introduced by Sen. Richard Shelby, R-AL, is really just the first serious episode of what will likely be a series of mini-dramas to come in the weeks and months ahead. So lenders shouldn’t get their hopes up just yet, some observers suggest. “It’s a starter,” said Bob Davis, head of mortgage markets ...
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Some Agreement in Congress on Portfolio QMs

May 29, 2015
A broad regulatory relief bill pushed by Sen. Richard Shelby, R-AL, passed the Senate Committee on Banking, Housing, and Urban Affairs last week on a 12-10 party-line vote. While Democrats oppose portions of the bill, they are seeking changes to standards for qualified mortgages similar to those proposed by Shelby. The Financial Regulatory Improvement Act of 2015 would establish a qualified-mortgage safe harbor for certain loans held in portfolio. The main difference between ...
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