The Federal Reserve decided against instituting new mortgage risk weightings in issuing its Basel III final rule this week, a decision that will likely make it easier and cheaper for financial institutions to hold onto their legacy non-agency MBS and thereby reduce the pressure they may feel to deleverage their balance sheets. “In light of new regulations designed to improve the quality of mortgage underwriting as well as continued uncertainty regarding the aggregate impact of pending mortgage-related rulemakings, the draft final rule does not include the proposed risk weights and instead incorporates the risk weights for residential mortgages under the general risk-based capital rules, which assign a risk weight of either 50 percent (for most first-lien exposures) or 100 percent for other residential mortgage exposures,” the Fed said. That means...

In a legal development that could be pivotal for the tenure of Richard Cordray as director of the Consumer Financial Protection Bureau – as well as the scope of the agency’s authority – the Supreme Court of the United States announced this week that it was taking on Noel Canning v. National Labor Relations Board. In Canning, the D.C. Circuit Court of Appeals ruled earlier this year that President Obama’s three recess appointments to the NLRB were unconstitutional. If the SCOTUS upholds that determination, it could eventually spell the end for Cordray’s tenure at the helm of the bureau, numerous attorneys concur, given that he was named to the CFPB as a recess appointment in the same announcement in which the President revealed his NLRB appointments. There’s more...

Mortgage lending industry representatives were unanimous in their view that the Consumer Financial Protection Bureau’s ability-to-repay rule and “qualified mortgage” standard, as currently constituted, may severely restrict access to mortgage credit on multiple levels. Testifying earlier this week before the House Financial Services Subcommittee on Financial Institutions and Consumer Credit, James Gardill, chairman of the board of WesBanco, Inc., said on behalf of the American Bankers Association that the QM rule will limit mortgage lending because the QM guidelines narrow lending parameters. “Even within the QM framework, many concerns remain that could limit credit availability to a diverse group of consumers,” Gardill said. Debra Still, chairman of the Mortgage Bankers Association, said...

Rep. Darrell Issa, R-CA, chairman of the House Committee on Oversight and Government Reform, is planning to quiz top FHA officials about an apparently deliberate effort by the agency to withhold important information from Congress regarding the true financial health of the FHA insurance fund. In a recent letter to FHA Commissioner Carol Galante, Issa said that the stress test employed by Integrated Financial Engineering in its FY 2012 actuarial review of the FHA Mutual Mortgage Insurance Fund yielded a more troubling result than what HUD reported to Congress in November last year. In the actuarial review, IFE reported that ...

The likelihood of new loans exceeding the statutory “high-priced mortgage loan” (HPML) threshold due to a recent policy change relating to FHA mortgage insurance premium payments is causing uneasiness among some lenders, said an industry trade group. This week, the Consumer Mortgage Coalition warned that lenders might not originate FHA-insured loans if they thought the new MIP policy would cause the mortgages to turn into HPMLs and subject them to increased liability. Specifically, the new MIP policy might prevent ...

Mortgage lenders are increasingly anxious that they may be blindsided by fair lending claims based on the disparate impact theory as they try to keep their business within the safe harbor for qualified mortgages under the new ability-to-repay rule. “My concern is about who’s going to do a QM and who’s going to do [non-QM] ability-to-repay, and how can we somehow get a disparate impact out of this?” said Charles Lewis, vice president of compliance services at the Missouri Bankers Association. Speaking at the American Bankers Association’s regulatory compliance conference in Chicago early this week, Lewis urged...

Community lenders are lobbying for significant exemptions to the Dodd-Frank Act and based on their track record and support in Washington, DC, they might be successful. The Community Mortgage Lenders of America released draft legislation this week known as “The Community Mortgage Lenders Act of 2013.” The bill would exempt community lenders from a number of mortgage requirements in the DFA and beyond. The bill defines...

The bipartisan legislation to replace Fannie Mae and Freddie Mac that’s taking shape in the Senate would leverage key reform projects already underway at the government-sponsored enterprises, but it doesn’t tackle some of the key transition issues the market would face by putting the GSEs out of business. The reform plan being put together by Sens. Bob Corker, R-TN, and Mark Warner, D-VA, has at its core the risk-sharing projects currently being designed by the GSEs, according to a copy of the draft legislation provided to Inside MBS & ABS. The Secondary Mortgage Market Reform and Taxpayer Protection Act of 2013 would also implement the common securitization platform that Fannie and Freddie are building under the direction of the Federal Housing Finance Agency. The legislation would put...

The changes the Consumer Financial Protection Bureau recently made to the points-and-fees calculation for “qualified mortgages” under its ability-to-repay final rule get rid of some of the double counting of loan originator compensation that was anticipated under the original rule, and make it easier to calculate who gets paid how much. But while several industry groups are generally pleased with the changes, mortgage brokers say the new rule leaves them at a huge competitive disadvantage. “By excluding from the points and fees calculation compensation paid...

The Consumer Financial Protection Bureau issued a final rule this week creating a fourth category of “qualified mortgages,” expanding on exemptions for small portfolio lenders. Certain small lenders will be allowed to receive QM protections for originations with interest rates higher than allowed for general QMs and the loans won’t have to meet the 43 percent debt-to-income ratio standard. The CFPB said the exemption will allow for originations of non-agency mortgages. “The bureau continues to believe that ...