The revised rule excludes from the calculation of points and fees paid by a consumer to a mortgage broker when that payment has already been counted toward the points-and-fees thresholds as part of the finance charge.
The Consumer Financial Protection Bureau this week finalized amendments to its ability-to-repay rule to revise how loan origination compensation is calculated for certain purposes. The agency also provided exemptions and modifications for small creditors, community development lenders and housing stabilization programs. The Dodd-Frank Act generally provides that points and fees on a qualified mortgages may not exceed 3 percent of the loan balance, and that points and fees in excess of 5 percent will trigger the protections for high-cost mortgages under the Home Ownership and Equity Protection Act. Dodd-Frank also included a provision requiring that loan originator compensation be counted toward these thresholds, even if it is not paid upfront by the consumer directly to the loan originator. The revised rule excludes...
Consumer advocate Ralph Nader doesn’t exactly have a seat at the mortgage reform table, but that isn’t stopping him from asking the Treasury Department to do something to protect what he calls “the already financially injured common shareholders” of Fannie Mae and Freddie Mac. In a recent letter to Treasury Secretary Jack Lew, Nader blames a host of senior government officials – including Federal Reserve Chairman Ben Bernanke – for misleading investors about the financial health of Fannie and Freddie just months before they were seized by the federal government in September 2008. Nader, a one-time shareholder in the government-sponsored enterprises, is pushing...
Loan originators seeking to exclude their compensation from the 3 percent points-and-fees calculation under the Dodd-Frank Act could consider becoming a correspondent lender or a net branch operator to skirt the restriction. But industry experts caution that such a plan has its own pitfalls. The possibility of brokers switching hats surfaced as the mortgage broker industry, once again, struggles against what it deems unfair restrictions on broker compensation. The Consumer Financial Protection Bureau appears to have addressed some of these issues with changes to its ability-to-repay rule designed to eliminate double counting in the calculation of loan originator compensation. [See the story on page 5.] The inclusion of loan originator (LO) compensation in the calculation of points and fees under the CFPB rule raises...
Mark Savitt, president of the National Association of Independent Housing Professionals, told Inside Mortgage Finance that including “lender paid” compensation to brokers in the 3 percent cap is “double counting.
According to new FHA rules, no less than 20 percent of a lender’s required net worth must be in the form of liquid assets consisting of cash or an equivalent.
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