It’s safe to say that many mortgage CEOs and their attorneys are cheering on Quicken. It’s not often that a lender fights back this strong against the government in an FHA.
Last week’s surprise presidential victory by Republican billionaire real estate developer Donald Trump means some big changes for rulemaking and enforcement activities at the CFPB, to the benefit of the financial services industry, according to the consensus of a variety of analysts and experts. The most likely changes have to do with replacing the bureau’s single director leadership structure a bipartisan commission, and subjecting the agency to the congressional appropriations process. But the tenure of the current director, Richard Cordray, also could come into play, some feel. FBR & Co. analyst Edward Mills and his team predict the agency will have a new director “following the D.C. Circuit Court of Appeals ruling [involving PHH Corp.] that allows the president to ...
Some of the public comments submitted to the CFPB regarding its TRID 2.0 clarifying rulemaking highlight tensions and rivalries that have emerged between different factions in the homebuying and mortgage-making industry since the original integrated disclosure rule took effect. In its comment letter on the bureau’s proposal, one point of emphasis that JPMorgan Chase raised is that lenders need better cooperation from settlement agents. “The success of the rule largely depends on the collaboration of a…
The Community Home Lenders Association told the CFPB that the existence of the bureau as a dual regulator along with state supervision of nonbank lenders is exacerbating the consolidation of such community lenders to the detriment of consumers. “In establishing and implementing mortgage rules, Congress and the CFPB have recognized the value of smaller community lender/servicers and created certain targeted exemptions, such as certain Regulation Z and Regulation X exemptions for smaller servicers,” the CHLA said. The trade organization’s remarks were delivered in a public comment letter submitted to the agency as part of the bureau’s TRID clarifying rulemaking process. The problem is, these exemptions generally are targeted towards community banks and credit unions, and legislation pending in Congress is ...
Implementing the changes that the CFPB is proposing to its TRID rule will involve the deployment of a considerable amount of resources, time and energy, software vendors told the bureau recently. In a comment letter sent to the bureau, DocMagic said that many of the agency’s proposed changes would require a substantial amount of reprogramming by not only technology vendors but also by creditors, investors and settlement agents. “In addition, each programming change would need to be tested to ensure the software integrations among the thousands of companies in the industry work properly,” the company said. DocMagic also pointed out that it operates SmartCLOSE, which is a collaborative closing portal that allows creditors and settlement agents to collaborate to complete ...
Government-sponsored enterprises Fannie Mae and Freddie Mac recently expressed support for those portions of the CFPB’s TRID clarifying rulemaking that facilitate their Uniform Closing Dataset, which they developed to support the accurate disclosure of data on the closing disclosure. “The GSEs believe that the bureau should retain the current status of the sample forms, specifically, as model forms under the Truth in Lending Act and standard forms under the rule pursuant to authority under the Real Estate Settlement Procedures Act,” Fannie and Freddie said in a recent comment letter to the bureau. “Much of the required text of the integrated disclosure is dynamic. It is not contained in the blank forms, and instead is only illustrated when the form is ...
The Consumer Mortgage Coalition and the Mortgage Servicers Working Group last week requested guidance from the CFPB on a variety of implementation issues having to do with the bureau’s recently finalized mortgage servicing regulation. One of the things they asked for in correspondence to the bureau was confirmation that servicers may send bankruptcy statements before the regulation’s effective date, even if the servicers are not currently sending them. On the issue of short-term loss mitigation, the industry participants requested clarification that, prior to Oct. 19, 2017, servicers may offer and provide short-term repayment plans without a complete loss mitigation application, and without continuing to exercise diligence in completing an application, provided a handful of requirements are otherwise being met. They ...
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