Among the changes that the CFPB made to its ability-to-repay rule last week are revisions to how loan originator compensation is counted in the qualified mortgage points-and-fees calculation. Under the Dodd-Frank Act, points and fees on a qualified mortgage may not exceed 3 percent of the loan balance. Further, points and fees that exceed 5 percent will trigger the protections for high-cost mortgages under the Home Ownership and Equity Protection Act. Dodd-Frank also mandates that loan originator compensation be counted toward...
The CFPB, as requested by the mortgage lending industry, has delayed implementing its ban on the financing of credit insurance premiums until Jan. 10, 2014, the effective date for most of the mortgage‐related rules it issued in January. The rule had originally been scheduled to kick in June 1. That effective date was originally proposed because the bureau believed the ban did not present a significant implementation burden for affected institutions. …
The CFPB filed a complaint in the U.S. District Court for the Southern District of Florida last week against American Debt Settlement Solutions, Inc., alleging that the debt-relief company was abusive and deceptive in misleading consumers across the country and charging illegal fees for its services. “Today we are taking action to halt a debt-relief company we believe has been preying on financially vulnerable consumers,” said CFPB Director Richard Cordray. “Consumers struggling to pay off a debt are among the...
Ally Financial, the former parent of bankrupt Residential Capital, announced last week it will pay $2.10 billion to settle legal claims with ResCap and its creditors as part of ResCap’s comprehensive settlement agreement and Chapter 11 plan. Under the settlement, Ally will contribute $1.95 billion in cash to the ResCap bankruptcy estate, plus $150 million in insurance proceeds. The agreement also requires that Ally receive full repayment on its secured claims, including $1.13 billion that is owed under existing credit facilities. Announced earlier this month, the agreement gets...
According to industry sources, the FHA recently sent out administrative letters to a handful of residential lenders. Meanwhile, yet another new subprime originator has emerged.
The Consumer Financial Protection Bureau issued a final rule this week creating a fourth category of “qualified mortgages,” expanding on exemptions for small portfolio lenders. Certain small lenders will be allowed to receive QM protections for originations with interest rates higher than allowed for general QMs and the loans won’t have to meet the 43 percent debt-to-income ratio standard. The CFPB said the exemption will allow for originations of non-agency mortgages. “The bureau continues to believe that ...
Two years after being announced, a judge is set to rule on Bank of America’s proposed $8.5 billion settlement involving non-agency mortgage-backed securities. The ruling will set a precedent for other non-agency MBS issuers facing repurchase requests, according to industry analysts. “Either the deal goes through and becomes a template for how to extract oneself from this mess, or it gets rejected and signals that far more pain is coming down the pike,” said Isaac Gradman ...
The FHA’s net-worth requirement, now fully phased in nearly three years since it was revised, will help ensure that only responsible, well-capitalized lenders and mortgagees are involved in the origination of FHA-insured loans. However, small FHA lenders may get squeezed out in the process. On May 20, the second and final phase of FHA’s new net-worth rule became effective. The final rule provides that, regardless of size, all applicants for FHA approval and those with current approval must have a ...
Lenders are at odds with housing finance agencies over the benefits of a new FHA guidance, which calls for documentation of downpayment assistance (DA) that HFAs provide to borrowers. The new guidance requires mortgagees to show written proof that funds provided by a federal, state or local government entity to help borrowers meet the FHA’s 3.5 percent minimum cash investment requirement actually came from the entity and not from some impermissible source. The guidance follows up on a rule issued by HUD last year clarifying an interpretation of the National Housing Act. The rule expressed HUD’s view that ...
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