The CFPB recently convened a small business review panel as per the Small Business Regulatory Enforcement Fairness Act of 1996 to discuss potential amendments to the Home Mortgage Disclosure Act, Kelly Thompson Cochran, acting assistant director for regulations at the CFPB, said in a recent blog posting. The amendments made by the Dodd-Frank Act expand the scope of information relating to mortgage applications and loans that must be compiled, maintained and reported under HMDA, including the ages of loan applicants and mortgagors, information relating to the points and fees payable at origination, and the difference between the annual percentage rate associated with the loan and benchmark rates for all loans. Other new inclusions are...

The Federal Reserve Office of Inspector General has begun an evaluation of the CFPB’s controversial headquarters renovation budget in response to a request from Rep. Patrick McHenry, R-NC, chairman of the House Financial Services Subcommittee on Oversight and Investigations, the OIG revealed in its semi-annual report to Congress. “To address this congressional request, our objectives are to evaluate, with respect to the CFPB’s headquarters renovation project, (1) the capital budgeting and approval process, (2) the scope and justification for cost estimates, and (3) the use of competitive procedures,” the OIG said. It expects...

The Consumer Financial Protection Bureau’s effort to go after corporate executives in connection with its financial-crisis enforcement actions so far has led to 12 cases in which individuals were named as defendants or respondents. Individuals who have been included in CFPB complaints are primarily decision-makers or a party to the consumer transaction. Under the law, they include not only providers of consumer financial products or services, but also those with managerial responsibilities and a “material” participant in the transaction. Individual accountability is...

The spring 2014 semi-annual regulatory agenda of the Consumer Financial Protection Bureau indicates the CFPB remains on schedule on a handful of mortgage-related rulemakings, including an eventual rule implementing Dodd-Frank Act changes to the Home Mortgage Disclosure Act. The good news for the mortgage industry is that the bulk of Dodd-Frank-required mortgage rules have already been issued. On the HMDA front, the CFPB recently convened...

The Department of Veterans Affairs said there may be a need for further clarification of its newly issued qualified mortgage (QM) rule to allay lender fear of potential liability if they originate VA streamlined refinances, also known as Interest Rate Reduction Refinance Loans (IRRRL), with a rebuttable presumption. Industry sources say VA lenders remain apprehensive despite assurances by agency officials that little has changed in the VA lending process as a result of the agency’s interim final rule. VA issued its QM document on May 9 in compliance with the Dodd-Frank Act, defining the types of VA loans that are “qualified mortgages” for purposes of the new ability-to-repay (ATR) provisions of the Truth in Lending Act. The Act also imposed similar requirements upon the FHA and the Department of Agriculture for the loans they insure or guarantee. The agency said it issued the rule on ...

Qualified mortgage guidelines under the CFPB’s ability-to-repay rule were among the top 10 issues identified as problem areas likely affecting home selling, according to a new Campbell Surveys study sponsored by Inside Mortgage Finance, an affiliated newsletter. Among real estate agents surveyed, 26.4 percent cited QM guidelines as an obstacle. “Due to the new Dodd Frank guidelines, fewer buyers will be qualified to purchase homes, which will ultimately affect my livelihood as well,” one Realtor said. Another commenter said, “QRM [qualified residential mortgage] and QM guidelines are already causing issues for some buyers,” even though the QRM has yet to be finalized. “Lenders won’t pre-approve but only pre-qualify. Buyers are frustrated even with good credit scores and good ratios.” A...

The CFPB and the state attorneys general are well-positioned to work together and are continuing to do so, even though they have not completed efforts to strike a formal memorandum of understanding explicitly spelling out the terms of their cooperative relationship, one legal expert said recently. One of the areas in which such cooperation is continuing is in issues that affect U.S. military service members, according to attorney Clarine Nardi Riddle, who chairs the government affairs practice of the Kasowitz, Benson, Torres & Friedman law firm in Washington, DC. Riddle served from 1989 to 1991 as the first female state attorney general of Connecticut after a stint as the deputy AG in the preceding three years. “There’s a natural sweet ...

Mortgage firms that hope to acquire other companies can expect to pay anywhere from $200,000 to $500,000 in due-diligence costs as they put their targets under the financial microscope, according to interviews conducted by Inside Mortgage Finance over the past few weeks. The price quotes can vary greatly depending on the size of the company being targeted, especially if there’s a servicing portfolio and platform that needs to be looked at. “The cost absolutely varies...

In a report released last week, the Financial Stability Oversight Council recommended that its members, federal regulators, should finish risk-retention requirements as part of an effort to facilitate “increased private mortgage market activity.” The rulemaking was mandated by the Dodd-Frank Act, which set an April 2011 deadline for issuance of a final risk-retention rule that would cover non-agency MBS, commercial MBS and non-mortgage ABS. The rule will require securitizers to retain a 5 percent interest, although this would be waived for transactions backed by “qualified” assets, including qualified residential mortgages. The Department of Housing and Urban Development, Federal Deposit Insurance Corp., Federal Housing Finance Agency, Federal Reserve, Office of the Comptroller of the Currency and Securities and Exchange Commission issued...

Members of the Senate Banking, Housing and Urban Affairs Committee from each party said there is interest on Capitol Hill in moving technical corrections legislation aimed at the Dodd-Frank Wall Street Reform and Consumer Protection Act. However, housing finance reform legislation comes first, said Sen. Bob Corker, R-TN, and Sen. Heidi Heitkamp, D-ND, in comments to attendees at the Independent Community Bankers Association of America’s recent 2014 Washington policy summit. Neither explained exactly why housing reform is the priority, but one observer speculated that, in football terms, “it’s probably because housing reform is closer to the goal line.” Given the suddenly deteriorating prospects for the leading measure in that regard, the so-called Johnson-Crapo bill, that doesn’t bode well for those...