Servicing federal student loans would likely become more costly and cumbersome under a set of best practices recently issued by a White House-sponsored interagency panel. Back in March, the Obama administration assembled a group of officials from the Treasury Department, the Department of Education, the Office of Management and Budget, and the Domestic Policy Council to monitor trends in the government’s student loan portfolio, budget costs and borrower assistance efforts. As part of that effort, the task force was directed...

With the effective date of the Consumer Financial Protection Bureau’s integrated disclosure rule now just weeks away, industry representatives are escalating the amount of compliance advice they are offering to real estate agents and lenders. This week, the Mortgage Bankers Association released a variety of materials to facilitate complete conformity with the bureau’s pending disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act ...

As they approach their eighth year in conservatorship, Fannie Mae and Freddie Mac generate a lot of revenue for the government and dominate the conventional-conforming mortgage market. But both government-sponsored enterprises are forced to hold less and less capital, and a bad quarter or two could force another round of bailouts. Aside from lawsuits by disgruntled GSE shareholders, pressure appears to be growing for a new approach that would allow the two to rebuild their capital. According to reports, Rep. Mick Mulvaney, R-SC, may introduce such a bill in one of the least hospitable places it could land, the House Financial Services Committee. As of press time Mulvaney’s office has not returned...

Concerns about litigation and various pricing issues have combined to suppress originations of non-qualified mortgages to borrowers who aren’t affluent, according to industry analysts. Since the Consumer Financial Protection Bureau’s ability-to-repay rule and QM standards took effect in early 2014, a certain portion of the non-QM market has held up fairly well: interest-only mortgages. However, the loans tend to be available solely for affluent borrowers, while non-QM originations for less-than-prime borrowers remain limited. Most non-QM lenders are targeting...

The Oct. 3, 2015, effective date for the Consumer Financial Protection Bureau’s integrated disclosure rule is just weeks away, leaving the mortgage industry a shrinking window of time in which to convince members of Congress and the White House to provide regulatory relief. Although Republicans likely have enough votes to force a multi-prong regulatory relief bill through both chambers of Congress, the Obama administration appears to remain opposed, even if the White House has been sitting on the sidelines and completely disengaged. “On the TRID [implementation] extension, there’s...

The Ninth Circuit Court of Appeals agreed with the CFPB on its interpretation of the Real Estate Settlement Procedures Act, but refused to “give deference” to the amicus brief in which the bureau’s argument was presented. “Here, CFPB is interpreting the statute, not the regulation. An agency’s interpretation of the statute – when presented in an amicus brief – is not promulgated in the exercise of its formal rulemaking authority, so no … deference is warranted,” ruled the court. Further, even if certain terms in the statute also appear in the regulation, the CFPB “is in fact interpreting Congress’s words in the statute, so we give no deference to CFPB’s interpretation,” the court said. “In addition, because the statutory terms at issue ...

Members of the U.S. Senate and House of Representatives are returning to Washington, DC, this week, after their August recess concluded with the Labor Day holiday weekend. That means mortgage industry officials have less than one month to convince Congress and the Obama administration to sign off on regulatory relief from the CFPB’s pending TILA-RESPA Integrated Disclosure (TRID) rule, which kicks in Oct. 3, 2015. Last week, the Mortgage Bankers Association began a grass-roots lobbying campaign urging its members to get in touch with their respective members of Congress to support legislation that would establish a temporary enforcement grace period and legal safe harbor under the TRID. “A temporary legal safe harbor for lenders will ensure the new requirements are ...

The requirements associated with the CFPB’s pending TILA/RESPA Integrated Disclosure (TRID) rule will likely prompt a majority of Realtors to alter their purchase contracts, according to the results of a new survey from the National Association of Realtors. “When asked about their plans to deal with the new TRID rules, 55.9 percent of Realtors plan to change their purchase agreements to reflect a longer timeline, while 31.2 percent will add contingencies to the contract,” the survey said. Also, 37.0 percent of respondents indicated they have put together plans with their lender or title company to help even out the process, while a significant share plan to perform final inspections earlier (32.5 percent) or will provide contracts and amendments to the ...

FDIC Official Calls for Broader QM Parameters. Federal Deposit Insurance Corp. Vice Chairman Thomas Hoenig recently came out in support of congressional legislation to expand the kinds of loans that can be deemed qualified mortgages under the CFPB’s ability-to-repay rule. However, with Congress coming back from its annual August recess this week, the biggest hurdle facing such measures may be whether lawmakers feel enough urgency to act by year’s end. Among other provisions, Hoenig called for mortgages held in portfolios of certain banks to be defined as QMs and receive the protections established by the bureau for such mortgages. To qualify, under Hoenig’s proposal, banks would have to be “more traditional” institutions that emphasize the core commercial banking model and ...

M&T Bank Settles Allegations It Used ‘Neighborhood Racial Criteria’ for Mortgage Product. A court approved M&T Bank's settlement with the Fair Housing Justice Center under which the Buffalo, NY-based bank will pay $485,000 while agreeing to revise its residential origination policies. The nonprofit FHJC filed a lawsuit in February after investigating the bank’s “Get Started Program.” The mortgage product is aimed at homes in “majority minority” neighborhoods or in low- or moderate-income areas. The product is for first-time homebuyers and it allows for low downpayments and the ability to finance closing costs. The FHJC found that M&T loan officers discriminated against potential borrowers based on race and national origin, alleging violations of the Fair Housing Act. Among other issues, minority ...