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Inside the CFPB
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Another Industry Group Calls for Delay in New HMDA Requirements

December 18, 2017
The Community Home Lenders Association last week asked CFPB Acting Director Mick Mulvaney to delay implementing the bureau’s pending new data collection and reporting requirements under the Home Mortgage Disclosure Act, which are slated to kick in Jan. 1, 2018. The trade group’s more general concerns are, first, that HMDA requirements should be balanced and tailored to the objectives. “The Trump administration has pledged to address overly burdensome regulations which have a negative impact on the ability of private sector finance providers to make credit available to consumers,” said the CHLA, which represents mostly small, independent mortgage bankers. The industry organization reminded Mulvaney it has issued reports and written letters this year detailing how excessive regulations and the threat of ...
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Senate Reg Relief Bill Would Tweak Handful of CFPB Regulations

December 18, 2017
The Senate Banking, Housing and Urban Affairs Committee recently passed a bipartisan measure that will provide some noteworthy relief from a handful of CFPB regulations, especially for small and regional lenders. Under S. 2155, the Economic Growth, Regulatory Relief and Consumer Protection Act, certain mortgages originated and retained in portfolio by banks and credit unions with less than $10 billion in total assets would be deemed qualified mortgages under the bureau’s ability-to-repay rule. The act also would provide regulatory relief under the Home Mortgage Disclosure Act for small depository institutions that have originated less than 500 closed-end mortgage loans or less than 500 open-end lines of credit in each of the two preceding calendar years. The Government Accountability Office would ...
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Servicers Shouldn’t Expect That Much Regulatory Relief, S&P Says

December 18, 2017
Analysts at S&P Global Ratings said that they do not expect mortgage servicers to see much of an impact from ongoing efforts at deregulation. “The recent resignation of the head of the CFPB – a major tenet of Dodd-Frank – the appointment of a new CFPB acting director, and the Trump administration’s focus on rolling back financial regulations suggest more lenient industry standards could be in the future,” they said in a report recently. However, they don’t foresee any major shift in the industry. “For one, no servicer wants to be associated with following questionable strategies or practices,” the ratings service said. “Furthermore, implementing regulatory initiatives in the past 10 years has been costly for servicers. It would be counterproductive for servicers ...
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QM DTI Requirement May Not be That Effective, Research Suggests

December 18, 2017
If the CFPB thought that mandating a 43 percent debt-to-income ratio requirement for a residential mortgage, as seen in its ability-to-repay rule, would lower the odds of a borrower later going into default, it might want to think again. The JPMorgan Chase Institute recently reviewed more than 400,000 mortgage modifications that received payment reduction, principal reduction, or a combination of the two during the financial crisis, and came to the conclusion that payment reduction did a better job bringing relief to struggling homeowners than principal reduction. “Our data showed that for borrowers who were underwater, payment-focused mortgage debt reduction was more effective at slowing default than principal-focused mortgage debt reduction,” the institute said in a report last week. “In addition, ...
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Fixing QM, Other Dodd-Frank Rules Remain on White House Agenda

December 18, 2017
Speaking during a recent public appearance in Washington, DC, Mark Calabria, chief economist in the Executive Office of the Vice President, discussed the Trump administration’s priorities when it comes to regulatory reform, and the CFPB’s ability-to-repay rule was one of the items on the list. “Looking at the mortgage finance system as a whole is critical, as is reviewing the substantive rule-makings that came out of the Dodd-Frank Act,” said Calabria, former director of financial regulation studies at the libertarian Cato Institute in Washington, DC, and a former Capitol Hill staffer involved in drafting the framework for the conservatorships of government-sponsored enterprises Fannie Mae and Freddie Mac. “We really did expand the regulatory framework with things like the qualified mortgage ...
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FDIC Examiners Need to Up Their Game in Monitoring Compliance

December 18, 2017
A new report from the Office of the Inspector General of the Federal Deposit Insurance Corp. found that examiners in the agency’s Division of Depositor and Consumer Protection need to do a better and more consistent job of reviewing lenders’ compliance with the CFPB’s ability-to-repay and loan originator compensation rules. The ATR rule directed most mortgage lenders to make a reasonable and good-faith determination, at or before loan consummation, that a consumer would have a reasonable ability to repay a residential mortgage loan according to its terms. Some lenders and loan programs are exempt from this requirement. The LO comp rule placed limits on loan originator compensation and imposed new requirements on loan originators. Both rules took effect Jan. 10, 2014....
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Other News in Brief/It’s Official: Cordray is Running for Governor in Ohio

December 18, 2017
It’s Official: Cordray is Running for Governor in Ohio. After months of rumors and speculation, former CFPB Director Richard Cordray recently declared his candidacy for governor in his home state of Ohio. Although he faces at least four rivals for the Democrat nomination, at least one observer in the state considers him the instant favorite.... Mulvaney, Trump and Wells Fargo. Since Mick Mulvaney assumed the directorship of the CFPB, he has imposed a 30-day freeze on all new bureau regulations, and reportedly stopped all new contracting and all new lawsuits, has installed his aides into important positions at the agency, and temporarily froze all payments from the bureau’s civil penalty fund....
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GOP Tax Bill Won’t Change Current Capital Gains Treatment on the Sale of a Principal Residence

December 18, 2017
Brandon Ivey
The housing industry had warned that extending the requirement would “lock” younger borrowers into their first homes for longer periods of time…
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Fannie and Freddie Ramp Up ‘Duty to Serve’ Programs; Renovation Mortgage Products to Come

December 18, 2017
Paul Muolo
The statute requires the GSEs to serve three specific underserved markets: manufactured housing, affordable housing preservation, and rural housing by increasing secondary market liquidity...
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Ginnie’s Effort to Rein In Rapid Refis on VA Loans: More to Come, for Sure

December 18, 2017
George Brooks
Ginnie’s Dec. 7 memo to issuers outlines the new pooling changes, along with additional measures…
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