The Community Mortgage Banking Project, the Housing Policy Council of The Financial Services Roundtable, and the Mortgage Bankers Association recently expressed concern to the Consumer Financial Protection Bureau about some aspects of the agency’s proposed rulemaking on high-cost mortgages that would implement changes to the Home Ownership and Equity Protection Act as per the Dodd-Frank Act. The changes would establish new definitions of points and fees and prepayment penalties as well as new restrictions and requirements...

The Mortgage Bankers Association, the Leading Builders of America and the Real Estate Services Providers Council Inc. joined together to express “profound concern” to the Consumer Financial Protection Bureau regarding the agency’s proposed treatment of fees paid to affiliated settlement service providers under the Home Ownership and Equity Protection Act. “We strongly support a competitive mortgage market where builders and lenders large and small, as well as unaffiliated and affiliated third-party settlement providers...

In light of the collapse of the mortgage market, the passage of the Dodd-Frank Act, and the creation of a new sheriff in town in the form of the Consumer Financial Protection Bureau, the time has come for the mortgage industry to evolve a new compliance model, according to a top industry consultant. “Stresses on the mortgage market are breaking the traditional compliance model,” said Jo Ann Barefoot, co-chair of Treliant Risk Advisors, a compliance, risk management, and strategic advisory firm for the financial services industry...

As the Consumer Financial Protection Bureau’s forthcoming ability-to-repay/qualified mortgage rulemaking continues to keep the mortgage lending community up at night, talk of a compromise legal standard has moved beyond the zero-sum/either-or approach that would involve either a rebuttal presumption or a safe harbor. Speaking at the North Carolina Bankers Association’s American Mortgage Conference in Raleigh, NC, last week, some industry representatives suggested it could be both – or more precisely, first one and then the other...

Missouri. The St. Louis County Council recently approved Councilwoman Hazel Erby’s Mortgage Foreclosure Intervention Code, which will require mortgage lenders to offer homeowners foreclosure mediation for all homes with loans in default in the county. Mortgage lenders will be required to pay for mediation services between themselves and the homeowners; defaulted homeowners have 30 days to respond in writing to a notice of mediation from the mediation coordinator. Erby introduced the code in response to the nearly 2,000 homes...

Consumer Financial Protection Bureau. Community Bank Advisory Board Established. The Consumer Financial Protection Bureau last week named 13 individuals to serve on its new Community Bank Advisory Council, which is to meet an estimated four times a year to provide information, analysis, and recommendations on the bureau’s regulation of consumer financial products and services. Its first meeting has been scheduled for Oct. 10, 2012. Credit Union Advisory Board Set Up. The CFPB last week publicized its selection of 15 credit union...

Bank of Commerce Holdings in Redding, CA, has bailed out of the mortgage-making business in the face of tighter and more demanding regulatory oversight. The bank recently sold off its 51 percent stake in Bank of Commerce Mortgage, which it acquired in 2009, to the partners of Simonich Corp., who already owned the other 49 percent.The agreement provides for a continued relationship between the two companies on the funding side and puts both parties in the best position to pursue their core competencies, the firms said...

A ranking Republican on the House Financial Services Committee this week gave notice that GOP lawmakers will be looking to rein in the Federal Reserve’s “radical” and unfettered influence and authority over the nation’s financial system during the 113th Congress next year. Rep. Scott Garrett, R-NJ, chairman of the House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises, outlined his two top priorities for Congress in 2013 just as the Federal Open Market Committee announced plans to add about $40 billion a month to its massive agency MBS portfolio. Garrett said the committee’s first priority will be...

The Securities and Exchange Commission has decided to set aside efforts to standardize credit ratings due to serious concerns raised by credit rating agencies and other market participants. Instead, the SEC said it will focus on rulemaking under the Dodd-Frank Act to achieve transparency in credit rating performance and in the methods used to determine credit ratings. In a mandated report to Congress on the standardization of credit ratings, the SEC said...

A ruling last week regarding the purchase of $440,000 of non-agency MBS in late 2007 and mid 2008 appears to have significantly expanded liability for non-agency MBS issuers. The ruling expands liability beyond trusts specifically purchased by investors to potentially all trusts in an issuer’s shelf with mortgages originated by the same lenders. The decision by the U.S. Court of Appeals for the Second Circuit on NECA-IBEW Health & Welfare Fund v. Goldman Sachs overturned a 2010 ruling by the district court which had dismissed the case. “The Second Circuit’s decision in this case not only represents...