The Department of Veterans Affairs’ interim final rule on qualified mortgages (QM) implements the Dodd-Frank provision requiring creditors to make a reasonable and good faith determination that the borrower has a reasonable ability to repay the loan. The VA interim final rule defines QM to mean any loan that the agency guarantees, insures or originates. However, certain limitations apply to VA’s Interest Rate Reduction Refinance Loans (IRRRLs) in the rule’s guidance for “safe harbor.” Under the safe harbor requirements for an IRRRL, the loan being refinanced must have been originated at least six months before the new loan’s closing, and six payments must have been made. In addition, the veteran should not have been more than 30 days past due during the six months preceding the new loan’s closing. The QM rule’s six-month seasoning requirement, however, inadvertently created an ...

The House Financial Services Committee last week spent three days marking up the Republican majority’s alternative to the Dodd-Frank Act. H.R. 10, the Financial CHOICE Act, introduced late last month by committee Chairman Jeb Hensarling, R-TX, would make a number of changes to the mortgage regulatory landscape. One provision would provide a safe harbor against litigation for residential mortgages held on the lender’s balance sheet since the origination of the loan if the mortgage fails to comply with ability-to-repay requirements. The measure also would revise the definition of “points and fees” under the Truth in Lending Act to exclude fees paid for affiliated business arrangements. Other language in the bill would exempt smaller creditors from TILA’s escrow requirements. Another provision ...

As the House Financial Services Committee prepared to begin marking up the Financial CHOICE Act last week, the Consumer Mortgage Coalition warned lawmakers that the bill would actually interfere with fixing the problems with the CFPB’s mortgage rules, despite the improvements it would otherwise make in the regulatory landscape. “A major problem facing the mortgage industry today is the Rube Goldberg morass of CFPB regulations that are so poorly written that no one knows how to comply,” the CMC said in a letter to lawmakers prior to the hearing. “The mortgage markets will not heal until the CFPB mortgage regulations are fixed. Fixing the regulations requires revising them through the normal notice and comment rulemaking process.” The problem, however, is ...

Rep. Andy Barr, R-KY, last week re-introduced the Portfolio Lending and Mortgage Access Act (H.R. 2226), legislation that aims to expand access to mortgage credit by conferring qualified mortgage status upon loans originated by a bank and held in portfolio. The bill sponsor also hopes that it will discourage the practices that led to the 2008 financial crisis and the resulting taxpayer bailouts of Fannie Mae, Freddie Mac, and too-big-to-fail financial institutions. The legislation had some bipartisan support when Barr introduced it in the previous Congress, passing the U.S. House of Representatives by a vote of 255-174. However, the measure never made it out of the Senate Banking, Housing and Urban Affairs Committee. Supporters hope this time around will be ...

Ocwen Financial Corp. recently filed two related motions that seek an early court ruling that the CFPB is unconstitutional, and therefore its enforcement action against the lender/servicer should be thrown out.Echoing an argument made earlier by PHH Corp. in its own dispute with the bureau, Ocwen told the U.S. District Court for the Southern District of Florida, West Palm Beach Division, that the CFPB is unconstitutionally structured because it vests “too much unfettered power” in the hands of the agency’s director and in the bureau itself. The company informed the court and the Department of Justice that it intends to directly challenge the CFPB’s constitutionality at the earliest possible opportunity and to seek dismissal of the case on this ...

The CFPB last week released its plan to assess the effectiveness of its mortgage servicing rule under the Real Estate Settlement Procedures Act and is requesting public input. The bureau issued its mortgage servicing rules under RESPA and Regulation X back in January 2013, and amended the final rule on several occasions before it took effect Jan. 10, 2014. The final rule addressed six major topics: force-placed insurance; error resolution and information requests; general servicing policies, procedures and requirements; early intervention with delinquent borrowers; continuity of contact with delinquent borrowers; and loss mitigation procedures. With its assessment plan, the bureau intends to focus on how well its rule has met four key purposes: responding to borrower requests and complaints in ...

Risk-retention requirements for MBS and ABS have been in effect for over a year, but industry participants are still grappling with how to comply with the standards, according to industry attorneys. Angela Ulum, a partner at the law firm of Mayer Brown, said industry practices and interpretations of the risk-retention requirements are starting to differ among different asset classes. During a webinar hosted by Mayer Brown last week, Ulum noted...

The House Financial Services Committee this week approved legislation that would allow the White House to fire the director of the Federal Housing Finance Agency at will and allow Congress to set the agency’s annual budget. Those provisions are included in the CHOICE Act, a Republican bill that would make sweeping changes to the Dodd-Frank Act. While the legislation is expected eventually to be cleared by the full House on a partisan vote, its fate in the Senate is murkier. FHFA Director Mel Watt’s term as chief regulator of Fannie Mae and Freddie Mac ends...

The House Financial Services Committee this week began marking up the Republican majority’s alternative to the Dodd-Frank Act, H.R. 10, the Financial CHOICE Act, introduced late last month by committee Chairman Jeb Hensarling, R-TX. As previously reported, the bill would make numerous changes to the mortgage lending regulatory landscape, and eliminate the Consumer Financial Protection Bureau’s rulemaking, supervisory and enforcement authority, among other significant changes. As Inside Mortgage Finance went to press, lawmakers of both parties were squabbling...

Secondary market participants would see a host of changes across the regulatory landscape under a detailed discussion draft of an overhaul to the Dodd-Frank Act that began circulating late last week from the office of House Financial Services Committee Chairman Jeb Hensarling, R-TX. The Financial CHOICE Act, resurrected from the 114th Congress and revised in a number of key areas, would eliminate the Dodd-Frank risk-retention requirements for ABS other than residential mortgages. Elsewhere, wording in the bill has been included...