With Republicans looking to repeal the Dodd-Frank Act and pass new standards that will impact MBS and ABS, the Structured Finance Industry Group recently reviewed areas for reform along with how industry participants can push for changes. The review was completed by SFIG staff and Lewis Cohen, a partner at the law firm of Hogan Lovells. “It would be a mistake to assume that a simple repeal of Dodd-Frank would be sufficient to address many of the regulatory frictions that have impeded the use of securitization to provide funding and create growth in the real economy,” SFIG said. While MBS and ABS participants have long pushed for a loosening of the mandatory risk-retention requirements set by the DFA, SFIG said...

President Donald Trump recently imposed a moratorium on new and pending regulations, which is generally considered by industry experts and observers standard operating procedure for an incoming presidential administration. But the bad news for the mortgage industry is that most of the regulations from the CFPB have already been issued. Two possible exceptions are the bureau’s Home Mortgage Disclosure Act final rule, which has been issued in final form but is not yet effective, as well as its TRID 2.0 clarifying rulemaking, which is expected in final form sometime this spring. In a memo issued by White House Chief of Staff Reince Priebus, unspecified “executive departments and agencies” were generally directed to “send no regulation to the Office of the ...

During his recent nomination hearing before the Senate Finance Committee, Steve Mnuchin, President Donald Trump’s choice to be the next Treasury secretary, took a passing shot at the current funding mechanism at the CFPB. “My biggest issue with the CFPB is that I don’t believe they should be funded with profits from the Federal Reserve,” Mnuchin said in response to a question from Sen. Tom Carper, D-DE. “They should be funded from an appropriations process.” Shortly thereafter, Rep. Maxine Waters, D-CA, the ranking member of the House Financial Services Committee, took issue with Mnuchin for “distinctly” stating that “he wanted to defund the CFPB, our sole watchdog looking out for the interests of students, servicemembers, seniors and other borrowers, and ...

The CFPB last week slapped CitiFinancial Servicing and CitiMortgage a relatively modest $28.8 million for allegedly keeping struggling borrowers in the dark about options available to save their homes. The bureau’s action had to do with the company’s origination and servicing of residential daily simple interest mortgages, especially as they relate to deferments. The CFPB accused CitiFinancial Servicing of misleading consumers about the effect of deferring payment due dates, charging consumers for credit insurance that should have been canceled, prematurely cancelling credit insurance for some borrowers, sending inaccurate consumer information to credit reporting companies, and failing to investigate consumer disputes. The bureau is requiring CitiMortgage to pay an estimated $17.0 million to compensate wronged consumers, and to pay a civil ...

Republicans Again Introduce Legislation to Change CFPB Leadership Structure to a Board. Republican Sens. Deb Fischer (NE), Ron Johnson (WI) and John Barrasso (WY), recently introduced S. 105, legislation that would replace the CFPB’s single-director leadership structure with a bipartisan, five-member board. ... Cordray Assures CFPB Staff Re: PHH Dispute in October Email. In an Oct. 17, 2016, email to “all hands” at the CFPB, a copy of which was obtained by Inside the CFPB, the agency’s director, Richard Cordray, offered some words of reassurance in light of the decision by the three-judge panel of the District of Columbia Circuit Court of Appeals that found the bureau’s leadership structure was unconstitutional. ...

The CFPB Office of Inspector General recently initiated an evaluation of the bureau’s use of vendors to support its analysis of fair lending compliance, the OIG indicated in its latest work plan. The OIG begins by noting, among other responsibilities, the CFPB is charged with providing oversight and enforcement of federal laws intended to ensure the fair, equitable and nondiscriminatory access to credit. But what may surprise many in the industry is to learn that the agency relies on external vendors to help fulfill this responsibility. “Our objective is to assess whether the CFPB effectively mitigates the risk associated with the use of vendors to support fair lending analysis, particularly with respect to potential conflicts of interest,” said the OIG ...

Securitization of commercial mortgages was down slightly in 2016 as a result of a sharp drop in the non-agency commercial MBS market, according to a new Inside MBS & ABS analysis. Meanwhile, the agency multifamily MBS platforms cranked out record new issuance last year. In total, some $209.03 billion of commercial-property MBS were issued last year, a 3.1 percent drop from 2015. It still ranked as the second most-productive year in commercial MBS issuance since 2007, the year before the financial market meltdown. But non-agency CMBS issuance fell...[Includes one data table]

Higher capital charges and the cost of capital associated with risk retention mandated by the Dodd-Frank Act will make commercial MBS less competitive with portfolio lending for loans backed by high-quality collateral, according to a new report from Moody’s Investors Service. The report stems from a Moody’s fourth-quarter 2016 analysis of three conduit transactions that were structured to comply with risk-retention prior to its implementation on Dec. 24, 2016. In each of the transactions, issuers retained 5 percent of either the securities or the collateral pool’s cash flows. In addition, the Moody’s report noted...

The new administration of President Trump wasted no time in trying to fulfill his campaign promise to roll back the tide of regulation, issuing on the day of his inauguration a freeze on new and pending regulations from executive agencies of the U.S. government. What effect this will have on mortgage lending regulation is unclear, at this point, but it’s likely to be temporary, industry insiders agree. According to a memo issued by White House Chief of Staff Reince Priebus, unspecified “executive departments and agencies” were...

What once seemed like an idle speculation – the potential ouster of Richard Cordray as director of the Consumer Financial Protection Bureau – suddenly looks more likely. Last week, President-elect Donald Trump met with Randy Neugebauer, the former Texas Republican member of the House Financial Services Committee, who is under consideration as a replacement for Cordray, according to multiple press accounts. Neugebauer reportedly has not been offered the job, as of press time, nor have other candidates been considered for the position. “I heard...