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Bureau Issues Revised TRID Small-Entity Compliance Guide

October 23, 2017
The CFPB recently published an updated iteration of its small-entity compliance guide for the integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act, or TRID.The bureau updates this guide periodically to reflect finalized clarifications to the rule which affect guide content, as well as administrative updates. This latest version reflects the final rule that was issued July 7, 2017, and published Aug. 11, 2017. Among the revisions incorporated is the change regarding disclosure of specific seller credits (Section 13.10). There are also numerous updates to incorporate changes and clarifications from the July 7, 2017 amendments to the TILA-RESPA final rule, including: requirements and guidance on current requirements for tolerances in the good ...
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CFPB Updates HMDA Rule Small-Entity Compliance Guide

October 23, 2017
The CFPB has come out with the second version of its Home Mortgage Disclosure Act (Regulation C) small-entity compliance guide. This iteration reflects a variety of changes to the bureau’s HMDA rule that were issued in August 2017 and published on Sept. 13, 2017. The HMDA rule changes the types of financial institutions that are subject to Regulation C; the types of transactions that are subject to the regulation; the data that financial institutions are required to collect, record and report; and the processes for reporting and disclosing HMDA data. According to Richard Andreano, a partner in the Washington, DC, office of the Ballard Spahr law firm, “One of the main changes incorporated in the revised guide is the temporary ...
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Other News in Brief:

October 23, 2017
Republicans Take Issue With Fannie/Freddie QM Exemption. Some Congressional Republicans recently expressed concerns about the special treatment that loans eligible for sale to the government-sponsored enterprises currently enjoy under the CFPB’s qualified mortgage standards.... CFPB Updates HMDA Implementation Materials, Filing Instructions Guide. As part of its effort to support the industry’s adoption of the CFPB’s recently issued 2017 Home Mortgage Disclosure Act final rule, the bureau has updated the chart titled: Collection and Reporting of HMDA Information about Ethnicity and Race.... Other Federal Regulators Issue Designated Key HMDA Data Fields List. The Federal Reserve, the Federal Deposit Insurance Corp., and the Office of the Comptroller of the Currency last week jointly issued ...
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Watt Continues to Warn of Treasury Draw in Reply to Trade Groups

October 20, 2017
Federal Housing Finance Agency Director Mel Watt said the likelihood of a draw from Treasury is growing fast in a reply letter to the 15 trade groups that wrote late last month advocating for legislation instead of recapitalization. Watt reiterated his position in the Oct. 12 letter and said while he appreciates their views, he has expressed “repeatedly and publicly” that the declining capital buffers leave Fannie Mae and Freddie Mac with no ability to absorb potential losses. “FHFA is concerned that in the absence of a sufficient buffer, normal operating losses, such as from interest rate volatility and the accounting treatment of...
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GSE Roundup

October 20, 2017
Preferred Language Question Added to the URLA. The Federal Housing Finance Agency announced on Oct. 20 that it decided to add a preferred language question to the redesigned URLA. The regulator noted that the question will enable borrowers who prefer to communicate in a language other than English to identify that language. They said that it also provides clear disclosures that the mortgage transaction is likely to be conducted in English and that language resources may not be available. FHFA Director Mel Watt said following stakeholder outreach and input the agency has taken steps to mitigate concerns about the inclusion of a language preference question. Fannie Exec Withdrew Treasury Job Consideration. Brian Brooks, Fannie’s general counsel, decided to opt out of being...
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SFIG Broadly Supports Treasury Report Proposed Reforms, But Seeks Minor Tweaks

October 19, 2017
The Structured Finance Industry Group agrees with many of the proposals made by the Treasury Department in its recent report on regulatory reform for financial markets but seeks more clarity about risk retention requirements. Published earlier this month, the Treasury report said that the requirement that sponsors retain a residual interest in securitizations adds unnecessary cost to securitization as a funding source. In turn, it inhibits the prudent expansion of credit through securitized products ...
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Chase Urges CFPB to Provide TRID Cures, Resolve Liability Issues to Encourage Investors to Return

October 19, 2017
JPMorgan Chase, like most mortgage industry participants, endorses the solution that the Consumer Financial Protection Bureau has planned to resolve what’s known as the “black hole” in the bureau’s integrated disclosure rule. However, some big changes still need to be made if private capital is going to fully return to the mortgage market; namely, more cures for errors and greater clarity when it comes to legal liability. “Chase strongly supports the CFPB’s proposal to eliminate ...
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Treasury Proposal Could Boost Non-Agency MBS

October 13, 2017
A proposal released last week by the Treasury Department could make issuing and investing in non-agency mortgage-backed securities more attractive for banks. The Treasury called for revisions to various regulations that apply to non-agency MBS in a broad report suggesting regulatory reforms for capital markets. “In its review of the securitization market, the Treasury found that regulatory bank capital requirements treat investment in non-agency securitized ...
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Jumbo Lending Up in 2016, Share Down Slightly

October 13, 2017
Originations of jumbo mortgages increased by 16.3 percent in 2016 but the sector’s share of total originations declined somewhat from the previous year, according to a ranking and analysis by Inside Mortgage Finance of newly released Home Mortgage Disclosure Act data. Some $340.88 billion of jumbos were originated in 2016, with banks dominating the ranks of the top lenders. Jumbos accounted for 17.5 percent of total originations last year, down from ... [Includes one data chart]
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California Tops Jumbo Lending by State, Again

October 13, 2017
For originations of jumbo mortgages, it’s California and then everywhere else. The state accounted for 36.7 percent of jumbo lending in 2016, according to an analysis of Home Mortgage Disclosure Act data by Inside Mortgage Finance. Some $124.95 billion in jumbos were originated in the Golden State last year, up 18.2 percent from 2015. New York ranked second with $22.72 billion, accounting for 6.7 percent of total jumbo originations during the year. Jumbos ... [Includes one data chart]
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