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Home » Topics » Regulation » Ability to Repay

Ability to Repay
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Strong Demand in Secondary Market for Non-QMs

March 9, 2018
Issuance of non-agency mortgage-backed securities backed by non-qualified mortgages could triple this year, according to Jeremy Schneider, a senior director at S&P Global Ratings. According to Inside Nonconforming Markets, $4.08 billion of expanded credit non-agency MBS was issued in 2017, with non-QMs accounting for a large share of the issuance. Schneider and other industry participants discussed non-QMs at the SFIG Vegas conference produced by Information ...
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Senate Close to Passing Expansion of QM Standards

March 9, 2018
The Senate started consideration this week of a regulatory reform bill that includes a provision to expand the definition of qualified mortgages. The bill has some bipartisan support and could pass the Senate, with companion legislation potentially approved by the House later this year, according to industry analysts. The Senate next week is scheduled to resume consideration of S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, which would loosen ...
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Other News in Brief: QM Bill, Mulvaney and Payday Lenders, Temporary Licenses for LOs, Pete Carroll Update

February 20, 2018
QM Portfolio Lending Legislation Would Cost CFPB $1 Million to Implement. Enacting H.R. 2226, the Portfolio Lending and Mortgage Access Act, introduced last April by Rep. Andy Barr, R-KY, would cost the CFPB $1 million, according to a new analysis by the Congressional Budget Office. “Using information from the CFPB, CBO estimates that enacting H.R. 2226 would increase direct spending by $1 million in 2019 for the agency to issue rules to implement ... [Includes four briefs]
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News Briefs

February 9, 2018
PennyMac Financial will resume originating jumbo mortgages in the correspondent channel this year, the lender announced this week. And jumbos will be offered in the broker channel operations recently launched by PennyMac. The House approved a bill this week that would shrink the potential market for non-qualified mortgages. H.R. 1153, the Mortgage Choice Act, was approved on a 280-131 vote with some bipartisan support. The legislation would ... [Includes two briefs]
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Widespread Support for Portfolio QM Bill

January 26, 2018
Legislation that would define loans held in portfolio by smaller banks as qualified mortgages garnered unanimous support at a markup in the House Financial Services Committee last week. H.R. 2226, the Portfolio Lending and Mortgage Access Act, was approved on a 55-0 vote. The bill has been kicking around in Congress for years and was modified at the markup to help win support in the Senate. Rep. Andy Barr, R-KY, introduced the legislation. He said it will “expand access to ...
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House Panel Green Lights Multiple Mortgage-Related Measures

January 22, 2018
The House Financial Services Committee last week advanced a number of bills for a vote by the full House, including legislation that would expand the qualified mortgage box for smaller entities and exempt many institutions from the rules and regulations issued by the CFPB. One of the bills passed was H.R. 2226, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY. The measure would amend the Truth in Lending Act to allow certain mortgage loans that are originated and retained in portfolio by an insured depository institution or an insured credit union with less than $10 billion in total consolidated assets to be considered as qualified mortgages. Then there was H.R. 1264, the Community Financial Institution ...
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Angel Oak Sees Demand from Investors for Non-Qualified Mortgages, Raises $291 Million for Private Credit Fund

January 12, 2018
Angel Oak Capital Advisors saw stronger than expected demand from investors for a fund that focuses on non-qualified mortgages. AOCA announced last week that the private fund closed to new investors after raising $291 million, exceeding the initial goal of $250 million.
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What to Expect Under Mulvaney: Maybe Significant Rule Changes?

January 8, 2018
It’s possible that mortgage lenders and servicers will see the CFPB during the tenure of Acting Director Mick Mulvaney use the five-year “look back” the bureau is required to perform to make significant changes to a pair of major rulemakings: the Truth in Lending Act/Real Estate Settlement Procedures Act integrated disclosure rule (TRID) and the ability-to-repay rule. Donald Lampe, a partner with Morrison & Foerster law firm in Washington, DC, explained, “In Dodd-Frank, there’s a five-year required regulatory review, and there are two of those regulatory reviews that are still under advisement: one for TRID and the other for the ATR/qualified mortgage rule. “If I’m thinking about 2018, I feel pretty confident to say that those processes bear careful attention ...
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Fixing QM, Other Dodd-Frank Rules Remain on White House Agenda

December 18, 2017
Speaking during a recent public appearance in Washington, DC, Mark Calabria, chief economist in the Executive Office of the Vice President, discussed the Trump administration’s priorities when it comes to regulatory reform, and the CFPB’s ability-to-repay rule was one of the items on the list. “Looking at the mortgage finance system as a whole is critical, as is reviewing the substantive rule-makings that came out of the Dodd-Frank Act,” said Calabria, former director of financial regulation studies at the libertarian Cato Institute in Washington, DC, and a former Capitol Hill staffer involved in drafting the framework for the conservatorships of government-sponsored enterprises Fannie Mae and Freddie Mac. “We really did expand the regulatory framework with things like the qualified mortgage ...
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House Panel OKs Reforms to CFPB Mortgage-Related Rulemakings

November 20, 2017
Last week, the House Financial Services Committee approved several bills that would override the CFPB on some of its key mortgage-related rulemakings. The voting included the passage of H.R. 1153, the Mortgage Choice Act of 2017, which would exclude from the ability-to-repay calculation of points and fees insurance and taxes held in escrow and fees paid to affiliated companies as a result of their participation in an affiliated business arrangement. The bill passed by a recorded vote of 46 ayes and 13 nays. Jaret Seiberg, an analyst with Cowen Washington Research Group, said in a client note, “This would permit lenders to work with affiliate title insurers without worrying about the points-and-fees cap.” Another measure that survived the legislative gauntlet ...
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