Now that the mortgage lending industry has had about three months to comb through the details of the CFPB’s proposed expansion of reporting requirements under the Home Mortgage Disclosure Act, it has found more cause to dislike it than upon first glance. “While we support the purpose of HMDA – to provide information on the availability of credit in the home mortgage market – we are concerned that the proposal to markedly increase HMDA data reporting and coverage goes beyond the law’s purposes in some areas and will unduly harm competition and increase costs in others,” a handful of leading industry groups told the bureau in a joint comment letter last week. “At the same time, we do not believe that the ...

Consumer advocacy groups say the CFPB isn’t going far enough to expand mortgage industry reporting requirements under the Home Mortgage Disclosure Act. The California Reinvestment Coalition and 41 other state organizations suggested a handful of changes to the proposal, each of which would likely add to the reporting burden for companies. Among the changes the California groups want is requiring loan modification data to be reported by banks and servicers, along with disaggregating the overly broad “Asian” race category to allow for more accurate reporting. They also would like to see the CFPB capture more information about languages spoken during a loan transaction, and have companies disclose if a borrower is going to own a property with somebody who is ...

CFPB examiners have identified a number of unfair or deceptive acts or practices on the part of an unspecified number of bank and nonbank servicers of federal and private student loans, according to the latest supervisory highlights report released recently by the bureau. One problematic practice involved “one or more supervised entities” allocating partial payments in a way that maximizes late fees. CFPB examiners have reviewed how servicers allocate payments when a borrower pays less than the total amount due on all of the loans in the borrower’s account, according to the report. “Examiners found that partial payments were being allocated proportionally ... among all the loans, resulting in all of the loans in a borrower’s account becoming delinquent,” said ...

There are a host of legal land mines that mortgage lenders must avoid if they want to keep from becoming the target of a CFPB enforcement action under its unfair, deceptive or abusive acts or practices (UDAAP) authority, according to top legal experts. Andrea Mitchell, a partner with the BuckleySandler law firm, told attendees at an Inside Mortgage Finance webinar last week that there are a number of representations lenders should stay away from in their marketing pitches. “Say what you mean and mean what you say,” Mitchell said. She then rattled off a list of potentially problematic terms to avoid, such as “free” or “no cost,” “best rates available,” “fastest” or “faster than…,” “improve/repair your credit” or “eliminate your ...

Castle & Cooke Mortgage late last month filed a motion to dismiss a putative class-action brought by one of the aggrieved parties who had already been compensated under the terms of the settlement the lender reached late last year with the CFPB. In Luis Cabrales v. Castle & Cooke Mortgage LLC, plaintiff Luis Cabrales contends that the lender improperly compensated its loan officers by giving them bonuses for putting customers in more expensive loans than what they qualified for. The plaintiff sued for violation of the Truth in Lending Act – a claim that Castle & Cooke is not challenging at this point. However, Cabrales also brought other causes of action: violation of Section 8 of the Real Estate Settlement Practices ...

Disparate Impact Theory of Legal Liability Struck Down. Last week, the U.S. District Court for the District of Columbia dealt a heavy blow to the position of the Department of Housing and Urban Development – as well as the CFPB – that disparate impact claims are cognizable under the Fair Housing Act. In American Insurance Association v. U.S. Department of Housing and Urban Development, the judge struck down HUD’s disparate impact rule, determining that the Fair Housing Act prohibits “disparate treatment only.” In promulgating its disparate impact rule, the court said HUD exceeded its authority under the Administrative Procedures Act. “The ruling is in line with what we have long believed the law to be and consistent with what we argued in ...

Ally Financial recently received subpoenas and document requests from the Securities and Exchange Commission and the Department of Justice over a broad array of lending and securitization activities, the company revealed in a recent Form 10-Q disclosure filed with the SEC. “The subpoenas and document requests from the SEC include information covering a wide range of mortgage-related matters, and the subpoenas received from the DOJ include a broad request for documentation and other information in connection with its investigations of potential fraud and other potential legal violations related to MBS, as well as the origination and/or underwriting of mortgage loans,” the company said. In addition, Ally recently received...

The mortgage industry cannot and should not wait for Congress to get around to a legislative solution to the government-sponsored enterprises when much of what is necessary can be accomplished administratively, according to experts at a forum hosted by the Urban Institute and CoreLogic. Andrew Davidson, president of Andrew Davidson & Co., noted that among the lessons of this year’s failure to launch a Senate GSE reform bill is that lawmakers find it easier to agree on a set of principles for a mortgage finance system than on the system’s design. With legislation a long shot before the 2016 presidential elections, Davidson said...

Originations by nonbanks of loans that don’t meet standards for qualified mortgages are off to a slow start, according to industry participants. “There is obviously a lot of noise in the area, a lot of announcements about people getting involved. And from what we have seen, there is nothing of any size and replicable flow that seems readily securitizable,” Michael Commaroto, CEO of Apollo Residential Mortgage, said this week during a call with investors. He said ...

Lenders can vary the compensation paid to loan originators for portfolio loans versus originations of mortgages to be sold to investors, but only in certain circumstances, according to officials at the Federal Deposit Insurance Corp. The LO compensation rule issued by the Consumer Financial Protection Bureau in 2013 provides a two-part proxy analysis to determine whether LO comp can be based on certain factors. FDIC officials addressed questions regarding the LO comp rule in a recent webinar ...