The House Financial Services Committee last week spent three days marking up the Republican majority’s alternative to the Dodd-Frank Act. H.R. 10, the Financial CHOICE Act, introduced late last month by committee Chairman Jeb Hensarling, R-TX, would make a number of changes to the mortgage regulatory landscape. One provision would provide a safe harbor against litigation for residential mortgages held on the lender’s balance sheet since the origination of the loan if the mortgage fails to comply with ability-to-repay requirements. The measure also would revise the definition of “points and fees” under the Truth in Lending Act to exclude fees paid for affiliated business arrangements. Other language in the bill would exempt smaller creditors from TILA’s escrow requirements. Another provision ...

Rep. Andy Barr, R-KY, last week re-introduced the Portfolio Lending and Mortgage Access Act (H.R. 2226), legislation that aims to expand access to mortgage credit by conferring qualified mortgage status upon loans originated by a bank and held in portfolio. The bill sponsor also hopes that it will discourage the practices that led to the 2008 financial crisis and the resulting taxpayer bailouts of Fannie Mae, Freddie Mac, and too-big-to-fail financial institutions. The legislation had some bipartisan support when Barr introduced it in the previous Congress, passing the U.S. House of Representatives by a vote of 255-174. However, the measure never made it out of the Senate Banking, Housing and Urban Affairs Committee. Supporters hope this time around will be ...

Lenders should think twice about offering non-qualified mortgages that depend only on a borrower’s assets – particularly a big downpayment – to establish the borrower’s ability, a new report from the CFPB suggests. In the spring edition of the bureau’s supervisory highlights, issued last week, the regulator warned that a large downpayment alone is not enough to prove a borrower’s ability to repay a non-QM that is based on the consumer’s assets. “As an initial matter, a downpayment cannot be treated as an asset for purposes of considering the consumer’s income or assets under the ATR rule,” said the CFPB. “The ATR rule requires creditors to consider a consumer’s reasonably expected income or assets, ‘other than the value of the dwelling, including ...

The CFPB last week released its plan to assess the effectiveness of its mortgage servicing rule under the Real Estate Settlement Procedures Act and is requesting public input. The bureau issued its mortgage servicing rules under RESPA and Regulation X back in January 2013, and amended the final rule on several occasions before it took effect Jan. 10, 2014. The final rule addressed six major topics: force-placed insurance; error resolution and information requests; general servicing policies, procedures and requirements; early intervention with delinquent borrowers; continuity of contact with delinquent borrowers; and loss mitigation procedures. With its assessment plan, the bureau intends to focus on how well its rule has met four key purposes: responding to borrower requests and complaints in ...

The American Bankers Association last week issued the first industry call for the CFPB to delay implementation of its pending Home Mortgage Disclosure Act final rule in its entirety, citing compliance difficulties and concerns about consumer data privacy. The call came in a white paper submitted to the Treasury Department as part of the banking industry’s response to President Trump’s executive order earlier this year, EO 13772, outlining “core principles” for financial regulation. The ABA has three main gripes about the HMDA rule, most of which is scheduled to take effect in January 2018. First, it said that collecting all of the required data will be costly. “Although it is not simple to distill the cost estimates from the bureau’s ...

SCOTUS Sides With City of Miami in Predatory Lending Case. The Supreme Court last week issued a narrow decision in favor of the City of Miami in a case stemming from losses the municipality claimed it suffered from predatory mortgages. Industry analysts are divided on what the ruling means for lenders... Goldman Sachs Continues Progress on Consumer-Relief Obligation Under Mortgage Settlements. Wall Street firm Goldman Sachs is more than one third of the way towards meeting its $1.8 billion consumer-relief obligation under the April 11, 2016, mortgage-related settlements it reached with the U.S. Department of Justice and the states of California, Illinois and New York, according to retired Boston University law professor Eric Green, the independent monitor of the consumer-relief portions of the agreements ...

Treasury Secretary Steve Mnuchin has been vocal about his views on the GSEs the past week or so, and on May 1, he stated that he wants Fannie Mae and Freddie Mac to keep sending their profits to the Treasury per the terms of the preferred stock purchase agreement. Mnuchin kicked off the week by speaking at a conference hosted by the Milken Institute in Los Angeles. …

Fannie Mae late last month loosened its underwriting guidelines for borrowers with student loan and other types of debt, and is currently working on pilot programs aimed at helping consumers amass a downpayment. In an interview with Inside MBS & ABS this week, Fannie Vice President of Product Development and Affordable Housing Jonathan Lawless said the government-sponsored enterprise has “more to come” on loosening guidelines. Although he could not provide much in the way of detail, he said...

With domestic economic growth stagnating in the first quarter as consumer debt levels continue to climb, the Federal Reserve Open Market Committee this week opted to leave interest rates unchanged and to maintain the status quo when it comes to its agency MBS investment strategy. The Bureau of Economic Analysis put the rate of growth in gross domestic product at 0.7 percent, versus the 2.1 percent growth seen in the fourth quarter of 2016, suggesting that the economic recovery from the Great Recession may be getting long in the tooth. At the same time, on the consumer front, a new study from Northwestern Mutual found...

One of the objectives in resolving the conservatorships of Fannie Mae and Freddie Mac should be minimizing the risk of market disruption in transitioning to the replacement system, according to industry executives. The Mortgage Bankers Association’s latest proposal for fixing the two government-sponsored enterprises is largely predicated on recent developments in the GSE world, including the first stage of the common securitization platform, extensive product standardization between the two, and the rapid acceptance of credit-risk transfer structures. Those are...