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Home » Topics » Inside the CFPB » Legislation

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Worth Noting

February 18, 2014
HMDA Rulemaking on Consumer Advisory Board Agenda. The CFPB has scheduled a Consumer Advisory Board meeting for Feb. 26-27, at the Constitution Center (Auditorium), 400 7th Street SW, Washington, DC. The first day of the event is closed to the public. A close look at the agenda indicates an hour has been set aside for some discussion on a possible Home Mortgage Disclosure Act rulemaking. Speakers scheduled during that session include Mortgage Data Assets Team Lead Ren Essene and Senior Counsel Joan Kayagil. A session later in the day will be...
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Mortgage Brokers Optimistic About Their Future Despite Green Tree Pulling Out

February 13, 2014
Green Tree Loan Servicing is the latest lender to turn away mortgage brokers, a move that in years past might create pangs of anxiety in the industry. But brokers have seen this movie before – many times – and they appear to be just fine with the latest news. “I know companies are still getting out, but we’re also seeing a number of companies stepping up to the plate,” said Don Frommeyer, senior vice president of Amtrust Mortgage Funding. Asked whether there are fewer options for brokers these days, he said...
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Lenders to Face Greater Fair Lending Risk as CFPB Takes First Step Toward More HMDA Reporting

February 13, 2014
Future changes to Home Mortgage Disclosure Act regulations may shed more light on how lenders adapt to the new ability-to-repay rule, as well as assessing the role of credit history and payment burden in the lending process and mortgage pricing. The Consumer Financial Protection Bureau late last week took the opening steps in overhauling HMDA reporting requirements under provisions included in the Dodd-Frank Act. Among the changes on the table are disclosing the loan term, total points and fees, the length of any teaser or introductory rate, and the applicant or borrower’s age and credit score. Also, the CFPB is...
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Don’t Hate the CFPB Because of The Dodd-Frank Act, Critic Says

February 3, 2014
The CFPB has certainly borne the brunt of a lot of criticism since its inception, but even some of its critics say it’s not right to blast the bureau for something lawmakers are responsible for – in this case, all of the mandates from the Dodd-Frank Wall Street Reform and Consumer Protection Act. “I’ve been relatively critical of the CFPB, but I’m the first to say you can’t blame an agency if the issue is in the statute,” said Mark Calabria, director of financial regulation studies at the libertarian Cato Institute in Washington, DC. “I don’t...
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Will QM Provide Less Transparency To the Mortgage Consumer?

February 3, 2014
The qualified mortgage is here, and while the rotation of the earth has yet to slow, there are still several areas of the regulation that are not crystal clear to much of the industry, including some questions having to do with Fannie Mae and Freddie Mac purchases of mortgages being originated under the new regime. For instance, “If lenders bake the loan-level price adjustments into the interest rate, are they allowed to show those adjustments to the originator? If they show them, will the CFPB count them into the points and fees?” asked Tammy...
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Around the Industry

January 31, 2014
VA Lenders’ Compliance with CFPB’s Ability-to-Repay and Qualified Mortgage Rules. Until the Department of Veterans Affairs’ rule on ATR/QM is in place, all VA lenders must comply with the requirements of the Truth in Lending Act, as established by the Consumer Financial Protection Bureau’s ATR/QM rule, according to a recent agency guideline. VA will continue to guarantee all loans made in compliance with existing VA requirements, regardless of their QM status, the agency clarified. It urged lenders to refer to the CFPB guidance to ensure all their VA loans are ...
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Analysis: Volker Rule to Have Limited Impact on Most Securitizations; Re-REMICs Could Be Negatively Affected

January 17, 2014
The long-anticipated final implementation of the so-called Volcker rule this spring will have a limited impact on securitized products, according to a recent report by Barclays. A requirement of the Dodd-Frank Act to prohibit banking entities from engaging in proprietary trading and making investments with private-equity funds and hedge funds, the Volcker rule was finalized by five federal regulators last month and becomes effective April 1, 2014. Banks should expect...
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Under New FHFA Director Watt, CSP Progress Will Continue But It May Not be a Pet Project

December 13, 2013
The fledgling common securitization platform project isn’t likely to get off course under new Federal Housing Finance Agency Director Mel Watt, but it probably won’t be the new regulator’s pet project either, according to industry advisors and investment bankers tracking the CSP’s trajectory. One thing is certain though: Watt – approved by the Senate just this week – is so new to the job that he’s not likely to make any major speeches or policy statements about the project until sometime in January, at the earliest. Industry officials note...
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Risk-Retention Rule Not an Immediate Priority For Federal Agencies, Reg AB2 Likely Soon

December 13, 2013
The next action on risk-retention standards required by the Dodd-Frank Act could be more than a year away, according to agendas recently released by federal regulators. Meanwhile, new disclosure requirements for MBS and ABS could be released soon by the Securities and Exchange Commission. Federal regulators listed risk-retention requirements as a “long-term action” on their fall regulatory agendas, with no indication of when the next action will be taken or what that action might be. The comment period on a revised proposal for risk-retention requirements closed...
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Regulators Prep Non-Agency Rules, Punt on Others

December 13, 2013
Federal regulators this week issued a final rule regarding appraisals for higher-priced mortgages as required by the Dodd-Frank Act. The rule is the latest in a long line of DFA-related requirements that will have an impact on the non-agency market. The final rule issued this week exempts three classes of higher-priced mortgages from appraisal requirements: certain streamlined refinances, some transactions secured by manufactured homes and transactions of $25,000 or less. Higher-priced mortgages ...
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