Department of Housing and Urban Development Secretary Julian Castro faced the wrath of the GOP majority during a House Financial Services Committee hearing this week on the state of the FHA, focusing on the agency’s recent decision to cut annual mortgage insurance premiums. While Castro may have been warned about stepping into the lion’s den, he appeared ill-prepared for the confrontation with Republicans, unable to answer basic questions such as FHA’s net income, overall delinquency rate and the serious delinquency rate for 2014. Democrats, on the other hand, helped the embattled secretary regain his footing by expressing support for FHA’s efforts and putting perspective on some of FHA’s actions to strengthen the Mutual Mortgage Insurance Fund and help qualify more borrowers for FHA credit. Committee Chairman Jeb Hensarling, R-TX, set...

Internal differences among Democrats and Republicans – let alone the strong differences between the two parties – have prevented Congress from resolving the conservatorship of the two government-sponsored enterprises, according to industry analysts. At the ABS Vegas conference this week sponsored by the Structured Finance Industry Group and Information Management Network, two people with intimate knowledge of matters in the House and Senate pointed to inter-party issues regarding GSE reform. Andrew Olmem, a partner at the law firm of Venable and a former Republican chief counsel and deputy staff director at the Senate Committee on Banking, Housing, and Urban Affairs until 2013, noted...

Lawmakers and regulators alike cited the recent move by the Consumer Financial Protection Bureau to liberalize its ability-to-repay rule somewhat as an example of the kind of adjustments that can be made to help ease the regulatory burden for smaller financial institutions, especially those operating in underserved markets. “A few weeks ago, the CFPB announced changes to its mortgage rules – a win for small lenders, particularly those in underserved rural areas,” said Sen. Sherrod Brown, D-OH, ranking member of the Senate Banking, Housing and Urban Affairs Committee, during a hearing early this week. “There is...

The CFPB excited many in the mortgage industry with some noteworthy proposed changes to its ability-to-repay rule, particularly a broad exemption for portfolio loans held by small lenders. But it’s not chiseled in stone yet – the bureau wants industry and other public comment on a host of issues associated with the revisions it contemplates. For instance, the bureau wants all of the changes in its proposal to take effect on Jan. 1, 2016. The date would be consistent with the end of the calendar year determinations that have to be made regarding the special provisions and exemptions that apply to small creditors under the CFPB’s regulations, and would therefore facilitate compliance by creditors. “The bureau seeks comment on whether the ...

Last week, the CFPB ordered Continental Finance Company, LLC, a subprime credit card originator, marketer and servicer based in Newark, DE, to refund approximately $2.7 million to consumers who were charged allegedly illegal fees. The bureau also imposed a $250,000 civil penalty on Continental. The CFPB alleged that Continental “engaged in deceptive acts or practices by making false statements regarding certain fees charged consumers in connection with credit cards,” and by “representing, expressly or impliedly, that certain security deposits consumers provided for certain credit cards” would be insured by the Federal Deposit Insurance Corp. The company also violated the Truth in Lending Act and its implementing Regulation Z by requiring some consumers to pay fees exceeding the 25 percent limit ...

Numerous current and former heavily indebted student borrowers who attended schools previously owned by Corinthian Colleges will see the outstanding amount they owe reduced by 40 percent, under the terms of a deal struck by the CFPB, the Department of Education and ECMC Group, the new owner of a number of the schools. The total debt relief amounts to $480 million. Back in September, the CFPB sued Corinthian Colleges Inc. for allegedly luring tens of thousands of students to take out private loans, known as “Genesis loans,” to cover expensive tuition costs by advertising bogus job prospects and career services. The bureau also alleged that Corinthian used illegal debt collection tactics to strong-arm students into paying back those loans while ...

Following up on a lawsuit it filed late last year, the CFPB last week filed a proposed consent order with a federal district court to require a Texas-based company, Union Workers Credit Services, to pay a penalty of $70,000, and to permanently ban it from offering any consumer credit products or services.The bureau alleges Union Workers duped thousands of consumers into signing up for a sham credit card. The CFPB is tapping its authority under the Consumer Financial Protection Act of 2010 to allege unfair, deceptive, and abusive acts or practices on the part of the company. The complaint also alleges violations of the Fair Credit Reporting Act. In December 2014, the CFPB sued the company over allegations that ...

A dozen Republican members of the U.S. Congress wrote to the bureau last week to suggest five key principles it should follow in adopting rules for payday loans and other short-term lending. First, all rules or regulations for the short-term lending industry should be based on large-scale data analysis and tested research, “not anecdotal or agenda-driven rhetoric.” The bureau also ought to consider the potential impact on small businesses and not impose excessive compliance costs that lessen their ability to provide access to credit to consumers, the House Republicans said. Third, the CFPB also must keep in mind the effects its rules might have on consumers in rural areas and avoid overzealous regulations that can disproportionately harm rural or underserved ...

Rep. Bill Huizenga, R-MI, chairman of the House Financial Services Subcommittee on Monetary Policy and Trade, recently re-introduced the Mortgage Choice Act, the points-and-fees legislation, with some bipartisan support, which could help ease concern at a White House wary of Republican efforts to scale back the powers of the CFPB. The measure would exempt from the qualified mortgage 3 percent cap on points and fees any affiliated title charges and escrow charges for taxes and insurance. Huizenga’s bill also would exclude lender-paid compensation to a bank in a wholesale transaction from the 3 percent cap.“Hardworking families across the nation should not be denied access to a qualified mortgage because of technicalities that are largely out of their control,” said ...

The CFPB should ban the collection of debts on which the statute of limitations has expired, according to a new report from the National Consumer Law Center on “zombie debt.” “In light of the serious harm to consumers caused by time-barred collections, we urge the CFPB to prohibit all collection of time-barred debt – whether through litigation or non-litigation means – as unfair, deceptive or abusive acts or practices,” said the NCLC. This prohibition should apply to creditors, debt collectors and debt buyers.The CFPB has authority to make rules “necessary or appropriate” to its ability to enforce the Fair Debt Collection Practices Act (FDCPA) and “to prevent evasions thereof,” the consumer group said. It also has general authority to issue “rules ...