The American Bankers Association sent a letter to Secretary Treasury Steve Mnuchin late last month detailing a handful of key reforms it believes are needed to the ability-to-repay/qualified mortgage rule promulgated by the CFPB. The trade group’s correspondence was in response to President Trump’s Executive Order 13772 and the circulation of his core principles for regulating the U.S. financial system.For starters, the ABA said all mortgages originated and held in a bank’s own portfolio should be considered QM, and should be afforded safe harbor legal treatment. “This approach is consistent with safe lending principles because holding loans in portfolio means that the bank is retaining 100 percent of the risk on that loan,” said the organization. Banks will offer ...

The American Bankers Association’s letter to Secretary Treasury Steve Mnuchin also detailed a handful of key changes it said the CFPB should make to its controversial Truth-in-Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. First, the bureau ought to revise the TRID tolerances. Currently, the rule requires creditors to observe closing cost tolerances that prohibit fees from increasing beyond initial disclosures by specific amounts. “TRID’s cost tolerance system is extremely convoluted, operating under a three-prong tolerance system that contains uncertain exemptions and rules for corrections,” the trade group said. “ABA believes that the current tolerance system should be entirely eliminated and replaced with a single tolerance standard of 10 percent, with more focused applicability.”Under this proposal, a ...

The Mortgage Bankers Association called on the CFPB to delay the Jan. 1, 2018, effective date for its new and expanded data collection and reporting requirements under the Home Mortgage Disclosure Act.“Considering the fact that much remains to be done by the CFPB, including rules and deliverables, MBA respectfully urges the bureau to delay these amendments and the final rule for at least one year in order to provide the bureau and HMDA reporters with sufficient time to complete, implement and test their data collection and reporting processes,” the trade group said in a comment letter to the agency. The additional time “will allow several necessary actions and relevant materials to be delivered by the bureau in time for ...

Mortgage lenders in the U.S. seem to be in a better frame of mind when it comes to their ability to comply with new regulations and to operate in the post-election environment, according to a study from Lenders One, a cooperative of independent mortgage bankers, correspondent lenders and suppliers of mortgage products and services. “Lenders are ready for new regulatory requirements, such as updates to the Home Mortgage Disclosure Act, with two-thirds (65 percent) indicating they are very prepared for HMDA changes,” Lenders One said. However, the biggest HMDA compliance challenge for lenders involves the additional resources needed to report transactional data, such as home equity lines of credit and dwelling-secured loans for apartments, the survey found. “While lenders are ...

The cost of complying with the plethora of mortgage regulations, including the high-profile rules promulgated by the CFPB, consume nearly a quarter of lenders’ operating revenue and hurt both sellers and buyers with extended closing delays. Those were some of the chief findings of a survey performed by mortgage market research expert Tom Lamalfa, president of TSL Consulting, Cleveland Heights, OH, at the Mortgage Bankers Association National Secondary Market Conference in May. The results were distributed to MBA members last week via email. Among the questions posed to survey participants was, “Compliance costs consume about what percentage of your total operating expenses?” Of the 31 executives who responded, the average was 21.4 percent of total operating expenses. “The ranges were ...

Commercial banks and thrifts continued to have modest interest in holding non-mortgage ABS during the first quarter of 2017, according to a new Inside MBS & ABS ranking and analysis. The banking industry held $123.43 billion of ABS in its held-to-maturity and available-for-sale investment portfolios at the end of March. That was down 0.3 percent from December. The overall supply of ABS outstanding, excluding collateralized debt obligations, fell...[Includes two data tables]

While the industry continues to debate the merits of allowing Fannie Mae and Freddie Mac to build a capital cushion for “zero day” in 2018, investors in MBS have a different agenda: making sure that whatever the future holds for the government-sponsored enterprises, it had better include a federal guarantee on conventional mortgage securities. Without it, the MBS market would suffer greatly – as would residential lending and the sale of new and existing homes. So far, no one knows...

There are signs of trouble ahead for the subprime auto ABS sector that warrant closer attention to the financial health of that class of borrowers, but it looks like the rising risk is contained, according to some research reports published this week by a pair of Wall Street analysts. In one of the reports, Wells Fargo Securities analysts John McElravey and Ryan Brinkoetter warned of the implications for the fiscal soundness of the borrowers involved. They reviewed the total and voluntary prepayment rates of the major subprime auto ABS issuers, and calculated the average prepayment curves by deal age for issuer and vintage over the 2013-2016 time period. “Much of the analytical focus in auto ABS has been...

Four whole-business securitizations totaling $3.58 billion are in the works, according to presale reports, including a $900.0 million deal from Coinstar. The securitization from Coinstar received a preliminary BBB rating from Kroll Bond Rating Agency. The company owns nearly 20,000 kiosks that count change located in grocery stores and other retail venues, mostly in the U.S. The company generates...

The Consumer Financial Protection Bureau last week announced it will assess the effectiveness of its ability-to-repay/qualified-mortgage rule, as per the requirements of the Dodd-Frank Act, and is asking for public input. The CFPB will examine the impact of major provisions of the rule on mortgage costs, origination volumes, approval rates and subsequent loan performance. A special focus is on self-employed borrowers, those with seasonal or part-time income and borrowers with income from assets. Another topic for review is...