The redlining risk that lenders face these days is morphing to include not just a consideration of a bank’s internal behavior but also a comparison of the bank’s performance against its peers – a far more nebulous and uncertain standard of accountability. During a presentation at the American Bankers Association’s regulatory compliance conference last month in San Diego, Carl Pry, a managing director at Treliant Risk Advisors, told attendees, “Regulators are defining redlining risk a little bit differently these days. Traditionally, redlining involved looking at your own bank’s map: you plot out where your applications are, where the loans are, where the denials are – and you stand back and take a look and see, perhaps, that there are a lot of ...

Late last week, the Structured Finance Industry Group, a securitization trade association, put out its long-awaited compliance review documentation related to the CFPB’s integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. SFIG said its RMBS 3.0 TRID Compliance Review Scope documentation was put together by representatives of third-party review firms across the industry and its own RMBS 3.0 Due Diligence, Data and Disclosure Working Group.The material addresses TRID compliance issues on non-agency mortgages uncovered during reviews by due diligence providers. Under the standards, loans that would have received grades of C or D due to TRID exceptions can sometimes receive B grades if errors are corrected. The document was created to ...

There was a significant increase last year in the number of coordinated examinations of non-bank financial services companies between the CFPB and state banking regulators. The number of such exams rose from nine in 2014 to 16 in 2015, the State Coordinating Committee of the Conference of State Bank Supervisors reported recently in its annual report. Examinations that are scheduled between the SCC and the CFPB are performed simultaneously between state regulators and the CFPB. The examinations involve coordinated planning, shared resources, concurrent onsite visits, and sharing of confidential and non-confidential supervisory information, including findings and reports of exam. The SCC also indicated there was “an expansion into new industry types as the CFPB established additional supervision authority by rule.” ...

Hensarling Slams CFPB, Vows Big Changes to Dodd-Frank, the Bureau. During a speech last week at the National Center for Policy Analysis, Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, pledged to push a package of pro-growth, pro-consumer reforms as an alternative to the Dodd-Frank Act, including clipping the wings of the CFPB. “At almost every opportunity, the bureau abuses and exceeds its statutory authority, which is already immense,” said the congressman. “The bureau operates with such secrecy, unaccountability, and bureaucratic tyranny it would make a Soviet Commissar blush.”As the committee moves forward with its plans for financial reform, Hensarling promised the Republicans will have ...

A recent study by the U.S. Governmental Accountability Office recommended that Congress consider granting the Federal Housing Finance Agency more authority to examine third parties, such as nonbanks, that do business with Fannie Mae and Freddie Mac.Although nonbank servicers are subject to oversight by federal and state regulators and monitoring by Fannie and Freddie, the GAO wants to see greater regulation. It said in light of recent nonbank growth, the FHFA’s indirect oversight of third parties that do business with the GSEs is not enough.“FHFA lacks statutory authority to examine these third parties to identify and address deficiencies that could affect the enterprises.

Examiners did not meet the requirements for making sure that one of the GSEs corrects serious deficiencies, according to the Federal Housing Finance Agency’s Office of Inspector General. In a recent report, the OIG said that there were certain instances where FHFA’s guidance “fell short.” The report noted that when the OIG reviewed whether examiners followed FHFA policy regarding an issue opened by a GSE in 2013, 30 months later the Matter Requiring Attention (MRA) remained unresolved. Among the shortcomings identified were the examiner’s acceptance of the GSE’s proposed remediation plan despite the fact it failed to address all of the issues in the division of enterprise regulation and not preparing an internal procedures plan to...

A letter from 45 Congressmen that circulated in early March urging the Federal Housing Finance Agency and the Department of Housing and Urban Development to reform their nonperforming loan programs prompted two committee chairs to ask the agencies to reject the changes. They said the proposals are only “advancing political agendas.” Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee and Richard Shelby, R-AL, chairman on Banking, Housing and Urban Affairs Committee, penned a letter to the FHFA and HUD on March 21 stating that many of the changes suggested by housing advocates and Congress would negatively impact the program’s fundamental purpose.

The Federal Housing Finance Agency’s Office of Inspector General released five reports this week examining everything from corporate governance to examiner issues. The two reports released on March 31 focused on the board’s of Fannie Mae and Freddie Mac. The OIG found that the there are “serious deficiencies” in the GSEs boards when it comes to managing Fannie Mae’s and Freddie Mac’s remediation efforts. The report said the board could become “no more than a bystander to management’s efforts to remediate matters requiring attention.” One of the reports also noted that while the board has made progress in overseeing cyber risk, much more needs to be done.

CFPB Director Richard Cordray last week defended the approach his agency has taken in its public enforcement actions, which many in the industry have criticized as “regulation by enforcement.” “I think that criticism is badly misplaced,” Cordray said Wednesday in a speech at a meeting of the Consumer Bankers Association in Phoenix. Certainly, he said, any responsible official charged with enforcing the law has to recognize that he should be thoughtful in how he deploys his agency’s limited resources most efficiently to protect the public. “That means working toward a pattern of actions that conveys an intelligible direction to the marketplace, so as to create deterrence that can be readily understood and implemented,” said the CFPB chief. The alternative, as ...

The U.S. District Court for the Central District of California last week granted the CFPB’s request for a final judgement against debt relief company Morgan Drexen, Inc., bringing to an end a lawsuit filed by the bureau back in August 2013. The agency alleged that the company and its leadership charged illegal upfront fees for debt relief services and misrepresented their services to consumers. According to the CFPB, when consumers signed up for Morgan Drexen’s services, the company presented them with two contracts, one for debt settlement services and one for bankruptcy-related services. Based on its investigation, the bureau brought suit alleging that consumers who signed up sought services for debt relief and not bankruptcy, that little to no bankruptcy ...