Total fair housing complaints continued to decrease in 2011 from their 20-year peak in 2008, said the National Fair Housing Alliance in an annual report of housing trends, though the group seeks clarification on a number of still-pending regulations. Private fair housing groups, like the NFHA, investigated 65 percent of the 27,092 housing discrimination cases in 2011. Disability and race made up the bulk of complaints. Local statutes prohibiting housing discrimination classes not recognized by federal law, including age, sexual orientation and marital status as the bases for complaints. Most of the complaints...

Ally Financial announced a deadline for borrowers seeking a modification under the $25 billion multistate servicing settlement finalized in February. In a financial filing last week, Ally wrote, “We are committed to providing loan modifications to all eligible borrowers who accept a modification offer within three months of the solicitation. We have also agreed to provide loan modifications to borrowers who accept a modification offer within six months of the solicitation, unless and until total borrower relief provided exceeds $250 million.” Of the five banks in the settlement, Ally is on the...

Small and medium-sized mortgage servicers want the Consumer Financial Protection Bureau to allow flexibility to accommodate different business models as the agency drafts new national servicing standards that are expected to increase costs. The CFPB rulemaking process is somewhat unique because the Dodd-Frank Act requires that it take small business interests into account as it develops new regulations. The agency recently convened a panel under the process required by the Small Business Regulatory Enforcement Fairness Act to weigh the impact of new servicing requirements on smaller lenders. “The panel agreed...

Mortgage industry officials are urging the Consumer Financial Protection Bureau to give the industry plenty of time to implement the extensive – and inter-related – changes that are required under the Dodd-Frank Act. Two of the biggest anxieties these days are the rules on “qualified mortgages” and “qualified residential mortgages” being developed by federal regulators. Another is the CFPB project to integrate Truth in Lending Act/Real Estate Settlement Procedures Act mortgage disclosures. In addition to the fact that none of these rules have been made final, there’s a good deal of angst over how they...

An ad hoc coalition of mortgage lender trade group representatives rattled off a host of concerns it has with the draft proposals from the Consumer Financial Protection Bureau for an integrated mortgage disclosure under the Real Estate Settlement Procedures Act and the Truth in Lending Act. The short list of concerns includes the need for careful synchronization with other rulemaking efforts, especially those involving the “qualified mortgage” and “qualified residential mortgage” designations; the negative and unfair results of lowering cost tolerances; the unintended consequences of expanding...

The Consumer Financial Protection Bureau must structure the definition of a “qualified mortgage” under its forthcoming ability-to-repay rule as a legal safe harbor with clear, well-defined standards if regulators want to make sure that qualified borrowers across the credit spectrum maintain access to affordable financing, representatives of the financial services, home building and real estate industries said. Writing to the CFPB late last week, a group of 23 trade associations said, “Structuring the QM as a safe harbor and focusing litigation and enforcement activity on...

A handful of mortgage lending-related trade groups joined together to express their strong support of the Consumer Financial Protection Bureau’s proposed rule to codify the legal protections for privileged information that CFPB-regulated financial institutions submit to the bureau. The proposal would make clear that an institution that submits privileged information to the CFPB does not waive any applicable privilege having to do with third parties. It also would make clear that the bureau’s transfer of privileged information to another federal or state agency does not result in a...

It’s now clear that states may provide a transitional license to an individual with a valid license from another state under the Secure and Fair Enforcement for Mortgage Licensing Act and Regulation H. However, they cannot provide a transitional license for a registered loan originator who leaves a federally regulated financial institution to act as a loan originator while pursuing a state license. The clarification came in the form of Consumer Financial Protection Bureau Bulletin 2012-05, issued a week and a half ago, in response to some inquiries...

The Consumer Financial Protection Bureau has put together a second panel, as per the Small Business Regulatory Enforcement Fairness Act, tasked with giving the bureau input on the mortgage servicing rules proposal that the CFPB is working on under the Dodd-Frank Wall Street Reform and Consumer Protection Act. “The SBREFA requires the CFPB to convene a small business panel before rolling out regulations that the CFPB director expects to have a significant impact on a substantial number of small business entities,” explained Barbara Mishkin, of counsel in the consumer financial services group...

The forthcoming combined Truth in Lending Act and Good Faith Estimate disclosure form and related rule pending at the Consumer Financial Protection Bureau is at the top of the list of greatest compliance concerns of mortgage lenders, according to the fourth annual compliance survey by QuestSoft, a provider of compliance software and services to the mortgage industry. Of the 426 lenders that were surveyed on their level of anxiety for regulatory changes, a whopping 81 percent identified this CFPB project as at least a medium (33 percent) or a high (48 percent) concern...