In the end, there were no earth-shattering surprises in the Consumer Financial Protection Bureau’s final rule on mortgage originator qualification and compensation, but the residential finance industry isn’t quite done digesting the myriad details of the 541-page regulation, which goes into effect a year from now. Among many things, the rule codifies the difference between bank and nonbank loan officers, requiring the latter to get tested on a regular basis, a distinction that does not sit well with certain factions of the mortgage banking and brokerage industries. “The point is...
The mortgage servicing industry is continuing to sift through the massive new mortgage servicing final rulemaking issued last week by the Consumer Financial Protection Bureau. But one week into the review process, it seems clear that the cost of compliance and any strategic advantage between players is going to vary company to company, based less on size of the entity and more on the degree to which servicers have read the tea leaves ahead of time and started to prepare. “The reality is that there is lots of work to be done as an industry, regardless of your size or your portfolio mix,” said Michael Waldron, a partner and practice leader of the mortgage banking unit at the Ballard Spahr law firm. On the heels of the recent settlement of top bank servicing obligations under the consent orders related to robosigning practices, there has been...
The Consumer Financial Protection Bureau followed another mandate from the Dodd-Frank Act late last week, promulgating a final rule that requires mortgage lenders to provide applicants with free copies of all appraisals and other home-value estimates, and to inform consumers within three days of receiving an application for a loan of their right to receive copies of all appraisals. An applicant may waive the timing requirement for providing these copies, but must be given a copy of all appraisals and other written valuations at or prior to closing or account opening or, if the transaction is not consummated, within 30 days after the creditor makes a decision. While the rule prohibits...
Recent changes announced by the Basel Committee for pending capital standards will increase demand from private capital for non-agency MBS, according to industry participants, but some say the benefit may be muted. Last week, the Basel Committee adjusted the liquidity coverage ratio for Basel III capital requirements by expanding the definition for “high quality liquid assets” to include Level 2B assets. Among the assets newly eligible are certain residential MBS rated AA or higher, subject to a 25.0 percent haircut. “The Basel Committee made...
The Consumer Financial Protection Bureau’s new rule implementing ability-to-repay underwriting requirements uses origination compensation as one of the factors in whether a loan meets the coveted “qualified mortgage” designation – but the agency acknowledged that there is some ambiguity in the Dodd-Frank Act and asked for more input before the rule takes effect. To be eligible for QM status, total points and fees cannot exceed 3.0 percent of the loan amount, although prime-rate mortgages can have up to an additional 2.0 percent in discount points. The question the CFPB wrestled with was how to calculate the total, particularly in cases where the loan originator may be getting payments from multiple sources. Dodd-Frank specifically says...
The CFPB has issued its long-awaited and much-discussed ability-to-repay final rule, and the initial review of the 800-plus page document is that the bureau generally succeeded in navigating a moderate course, giving lender groups and consumer groups some but not all of what each wanted. In short, the rule creates a general definition of a qualified mortgage that addresses product standards, features minimum underwriting and documentation requirements, and limits “points and fees” to 3 percent. In terms of product...
Illustrating the relative success the CFPB had in striking a middle-of-the-road tone in its ability-to-repay final rule, nearly every interested public and private constituency seemed to find some things to like and other things to be concerned about in the end product. The Mortgage Bankers Association, like many lending and real estate groups, said it was pleased the bureau provided a legal safe harbor to lenders when they originate loans that meet the QM standards in the rule. “This approach should allow lenders to...
In addition to the ability-to-repay rule itself, the CFPB has issued a proposal to seek comment on whether to adjust the final rule for certain community-based lenders, housing stabilization programs, certain refinancing programs of Fannie Mae or Freddie Mac and federal agencies, and small portfolio creditors. The bureau wants to know whether the rule should be modified to address potential adverse consequences on certain narrowly-defined categories of lending programs. Specifically, the proposal includes amendments...
The CFPB has issued a final rule that increases Home Ownership and Equity Protection Act coverage for mortgages with high interest rates, fees or prepayment penalties. The rule expands HOEPA to cover home]purchase loans and home equity lines of credit; revises the lawfs rate and fee thresholds for coverage; and adds a new coverage test based on a transactionfs prepayment penalties. The final rule implements the Dodd-Frank Actfs revisions to HOEPAfs coverage tests by providing that a transaction is a high-cost mortgage if any...
The CFPB issued a final rule it inherited from the Federal Reserve that generally extends the current required duration of an escrow account on certain higher-priced mortgage loans from a minimum of one year to a minimum of five years. To preserve access to credit, the rule creates an exemption from the escrow requirement for small creditors that operate predominately in rural or underserved areas.Specifically, to be eligible for the exemption, a creditor must:make more than half of its first-lien mortgages in rural or...
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