Federal banking regulators announced this week that capital requirements set to take effect in January for all but the biggest banks would be suspended under a proposed rule. The proposal applies to Basel III capital requirements for mortgage servicing rights, among other items. The regulators said they are developing a proposal that would simplify capital rules to reduce regulatory burden, particularly for community banks. The proposed suspension generally applies to banks with less than $250 billion in total assets. Thomas Hoenig, vice chairman of the Federal Deposit Insurance Corp., said...

The Consumer Financial Protection Bureau has begun receiving public comments in response to its proposal to close the so-called black hole in its integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Interviews this week found that top experts dealing with the issue are pleased the bureau is addressing the problem, which is among the most significant issues related to the new disclosure regime. “Although the ‘black hole’ is highly technical, the impacts on lenders are significant,” noted former CFPB official Benjamin Olson, now a partner with the BuckleySandler law firm in Washington, DC. He noted...

The Federal Financial Institutions Examination Council this week issued new examiner transaction testing guidelines for all financial institutions that report under the Home Mortgage Disclosure Act. The rules will apply to the examination of HMDA data collected starting in 2018 and reported starting in 2019. The guidelines eliminate...

The Office of the Comptroller of the Currency this week issued guidance to banks regarding originations of loans with loan-to-value ratios of 100 percent or more in distressed communities marked for revitalization. The guidance is in support of banks’ attempt to revive neighborhoods that have suffered an economic downturn through programs that offer high-LTV financing for home purchases or for purchases and rehabilitation of residential properties. Specifically, the guidance provides...

The average daily trading volume in agency MBS fell to just $200.5 billion in July, the weakest reading of the year, according to the Securities Industry and Financial Markets Association. Compared to the prior month, MBS trading fell by 4.5 percent. The strongest month of the year came in January at $229.8 billion. In general, a lower reading on average daily trading volume means...

In the first half of 2017, the dollar volume of credit card ABS issued was nearly three times the issuance seen in the first half of last year. However, analysts at Fitch Ratings suggest that issuers of consumer finance ABS aren’t relying too heavily on the structured finance market for their funding. The rating service said increased issuance of ABS could affect some issuers’ credit profiles if it leads to a sustained increase in secured wholesale funding sources. “However, we believe that this trend does not yet represent a structural shift, with many consumer finance-oriented financial institutions raising consumer ABS issuance opportunistically to take advantage of attractive pricing and to enhance the liquidity of their ABS programs,” the rating service said. Some $24.38 billion of credit card ABS were issued...

Attorneys for Fairholme Funds filed another motion this week requesting to view about 1,500 government documents in a lawsuit challenging the government’s net-worth sweep of profits at Fannie Mae and Freddie Mac. And late last week, the government produced three more documents that were originally classified as “privileged.” In the new motion, the Fairholme attorneys asked the Federal Claims Court to use the “quick peek” procedure for more than 1,000 documents dating back to May 2012. These are among the many documents the plaintiffs say the government is still withholding under the deliberative process and bank examination privileges. It’s...

The Federal Reserve this week released the minutes of the July meeting of its Open Market Committee, providing more detail and color regarding the central bank’s deliberations on shrinking its enormous holdings of agency MBS and the future path and timing of interest rate adjustments. FOMC members started their portfolio deliberations by discussing the appropriate time to start reducing the Fed’s securities holdings, a plan that had been formally announced in June. “Participants generally agreed that, in light of their current assessment of economic conditions and the outlook, it was appropriate to signal that implementation of the program likely would begin relatively soon, absent significant adverse developments in the economy or in financial markets,” according to the minutes. Many members of the committee noted...

The Consumer Financial Protection Bureau’s planned review of the ability-to-repay rule prompted comment letters from trade groups representing various industry participants along with individual comment letters from JPMorgan Chase and Wells Fargo. The big banks were critical of certain aspects of the ATR rule and requested changes that could increase originations of non-agency mortgages. “The ATR/qualified mortgage rule is not working as desired,” said Michael Weinbach, a ...

The private mortgage insurance industry has called for harmonized qualified-mortgage standards to discourage potential arbitrage that might adversely affect consumers. In a comment letter, the U.S. Mortgage Insurers urged the Consumer Financial Protection Bureau to assess whether the various QM standards established under the Dodd-Frank Act have created arbitrage opportunities to the detriment of consumers. The CFPB is about to begin a reevaluation of its ability-to-repay rule/QM rule. QM standards are different for Fannie Mae, Freddie Mac and the Federal Home Loan Banks than for FHA, VA and the U.S. Department of Agriculture. The USMI said analysis should focus on the different treatment of points and fees and maximum borrower debt-to-income ratio among the various QM standards. The CFPB can address the calculation of points and fees under its ATR/QM rule by ...