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Home » Topics » Inside the CFPB » Legislation

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Administration Calls for More Purchase Loans

April 5, 2013
Reaction to a report about Obama administration efforts to get banks to increase their purchase mortgage lending, particularly through the FHA, has ranged from supportive to dire warnings of déjà vu. Apparently, administration officials are trying to push banks to make more loans to qualified lower-income borrowers as well as minority and first-time homebuyers who have been shut out of the mortgage market because of stringent credit overlays. The report, which ran in the April 2 Washington Post, described the targeted borrowers as “people with weaker credit,” which, for some, conjures up the ...
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FHA Proposes to Shift DE Reviews to Post-Closing

April 5, 2013
The FHA is seeking comment on a proposal to change the period for reviewing loans for direct endorsement from pre- to post-closing in order to increase the number of acceptable loans and, therefore, reduce any potential risk to the Mutual Mortgage Insurance Fund. Under the proposal, a lender applying for unconditional direct endorsement authority would be required to submit the necessary loan files only after closing. After determining that the mortgage is acceptable and meets all FHA requirements, the agency would notify the lender that the loan has been endorsed. Current regulations provide for ...
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HUD to Test Integrating Counseling into Lending

April 5, 2013
The Department of Housing and Urban Development is planning to make housing counseling an integral part of FHA lending and will soon begin testing the process. HUD’s newly created Office of Housing Counseling (OHC) is working with the FHA to develop a pilot program to embed housing counseling in FHA lending to ensure that borrowers are better prepared for homeownership, said HUD Secretary Shaun Donovan. “Whether it’s buying or renting, improving financial literacy, protecting families’ rights against discrimination or even preventing homelessness, housing counselors play a critical role in helping families make ...
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Points-and-Fees Bill Would Supplant, Ease CFPB Definition

March 25, 2013
Reps. Bill Huizenga, R-MI, and David Scott, D-GA, both members of the House Financial Services Committee, have reintroduced the Consumer Mortgage Choice Act, H.R.1077, legislation that would ease the definition of points and fees that the CFPB articulated in its ability-to-repay final rule issued in January. The definition is a key factor in determining whether a mortgage is a “qualified mortgage,” which requires that fees and points not exceed 3 percent. Currently, the definition would make hundreds of thousands of...
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Industry Urges CFPB to Further Test Disclosures, Expresses Anxiety About Burden vs. Usefulness

March 14, 2013
A number of industry representatives are calling on the Consumer Financial Protection Bureau to carefully test its pending integrated consumer disclosure forms under the Truth in Lending Act and Real Estate Settlement Procedures Act before they are actually put into use. At issue is the CFPB’s proposal to conduct quantitative testing in fiscal years 2013 and 2014 of the performance of the current disclosures versus the proposed disclosures forthcoming later this year. “In 2008, the Department of Housing and Urban Development finalized...
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SEC Chair Nominee Seeks to Be Tough on Wall Street, Implement Credit Rating Rules

March 14, 2013
Mary Jo White, the nominee to chair the Securities and Exchange Commission, said this week that enforcement actions against Wall Street firms and implementation of rules relating to credit ratings will be two of her many priorities if she is confirmed as head of the SEC. Industry analysts suggest that the Senate will easily confirm her nomination. “At the SEC, there’s no institution too big to charge,” White said at a hearing this week by the Senate Committee on Banking, Housing and Urban Affairs. The comment was...
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Major Securitization Players Forming New Trade Group; Deutsch Claims ASF Still Functioning

March 14, 2013
A number of significant former members of the American Securitization Forum are working to form a new trade group, with a formal announcement possible as soon as this week. Meanwhile, Tom Deutsch, executive director of the ASF, said his group continues to work with more than 300 members. As many as 30 firms could be a part of a new securitization trade group, with the name “Structured Finance Industry Group” being considered. Wells Fargo has confirmed that it will be a member of the new group. Other firms that recently quit the ASF’s board or otherwise ended their membership with the ASF include...
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Industry Groups Anxious About Loans Losing Their QM Status

March 11, 2013
The Mortgage Bankers Association has asked the CFPB to clarify whether mortgages subject to repurchase demands will lose their “qualified mortgage” status under the bureau’s new ability-to-repay rule. “The rule does not address whether loans that are subject to repurchase demands will lose their QM status based on deficiencies,” the industry trade group said in a comment letter filed with the CFPB recently. “MBA strongly believes they should not, absent fraud. However, clarification is needed.” The Consumer Mortgage Coalition...
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State Regulators Support CFPB’s Small-Creditor Treatment in ATR

March 11, 2013
The Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators and the American Council of State Savings Supervisors submitted a joint comment letter to the bureau expressing strong support for the CFPB’s proposed small-creditor amendment, which was issued along with the ability-to-repay final rule back in January. “CSBS, AARMR and ACSSS have a long-standing policy that regulations should not hinder an insured depository institution’s willingness to engage in portfolio lending, and...
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LO Comp, Other Rules Present Unprecedented Compliance Load

March 11, 2013
The mortgage lending industry is confronting an unprecedented number of substantive compliance challenges from the half-dozen rules promulgated in January by the CFPB, leading industry representatives are making increasingly clear. For instance, the loan originator compensation rule itself presents a variety of challenges, Amy Thoreson Long, senior counsel in the consumer lending division of Wells Fargo’s law department, told participants in a recent webinar hosted by Inside Mortgage Finance, an affiliated newsletter...
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