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Home » Topics » Regulation » Ability to Repay

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House Panel Passes Four CFPB-Related Measures

August 10, 2015
Late last month, the House Financial Services Committee passed a handful of industry-sought measures related to the CFPB, including H.R. 3192, the Homebuyers Assistance Act. The legislation would provide a hold harmless period until Feb. 1, 2016, for the TILA/RESPA Integrated Disclosure (TRID) rule that is slated to take effect Oct. 3, 2015. Attorney Richard Andreano, a partner in the mortgage banking unit at the Ballard Spahr law firm, said in a client note that prospects in the Senate, however, are somewhat murky. “An existing bill, S. 1711 (which is a companion bill to H.R. 2213), would provide for a TRID rule hold harmless period until Jan. 1, 2016,” he said. “The bill was introduced on July 7, 2015, and ...
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A Tale of Two Mortgage M&A Deals: Blackstone Buys PMAC; RoundPoint Off the Auction Block?

August 6, 2015
The Blackstone Group this week finally completed its purchase of all or parts of PMAC Lending, a California-based lender that will help the investment banking firm establish itself in the red-hot West Coast mortgage market. Although the publicly traded Blackstone has maintained a cone of silence regarding its talks with PMAC, employees of the Chino Hills lender began reporting the news themselves through various social media outlets, including Facebook. At least two other nonbank lenders are in talks with Blackstone, one in California and one in Pennsylvania. A spokeswoman for Blackstone declined...
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HFSC Passes Safe Harbors for QMs, TRID Enforcement; Shelby’s Reg Relief Proposals Attached to Funding Bill

August 6, 2015
The House Financial Services Committee has passed a number of mortgage-related bills designed to ease lenders’ liabilities by simplifying rules, reducing complexity and compliance costs, while a streamlined regulatory relief package gained new momentum in the Senate. Late last week, the committee reported out the following bills: H.R. 1210, (Portfolio Lending and Mortgage Access Act); H.R. 1941 (Financial Institutions Examination Fairness and Reform Act); and H.R. 3192 (Homebuyers Assistance Act). H.R. 1210 would modify...
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House Moves to Expand QM Safe Harbor While Senate Backs Away From GSE Tax for Highways

July 30, 2015
The House Financial Services Committee this week marked up legislation to block pay raises for the top executives at Fannie Mae and Freddie Mac and to extend qualified-mortgage status to loans originated for an institution’s retained portfolio. H.R. 1210, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY, would extend qualified-mortgage protection from litigation and enforcement actions for mortgages originated and retained in portfolio by depository institutions. “This would incentivize private-sector risk retention,” said Barr. Rep. John Carney, D-DE, said...
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More Needed from CFPB, HUD, Banking Regulators In Reviews of QM, QRM Regulations, GAO Says

July 30, 2015
The Government Accountability Office wants federal regulators responsible for reviewing the qualified mortgage and qualified residential mortgage rules to make sure they consider specific metrics and analytic methods. The Consumer Financial Protection Bureau, the Department of Housing and Urban Development, and the other federal agencies are slated to issue a review of the QM rule in January. The review of the QRM standard, part of a mortgage-securitization rule, won’t happen until 2019. So far, the regulatory agencies have identified...
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Variety in Lenders’ Interest-Only Products

July 24, 2015
United Wholesale Mortgage announced this week that it’s offering interest-only mortgages, joining a growing number of banks and nonbanks originating the loans that don’t meet standards for qualified mortgages. Officials at United Wholesale noted a distinction in the lender’s IO product: “Large banking institutions have widely offered this option, but mostly restricted its availability to jumbo borrowers,” United Wholesale said. The lender is offering IOs with ...
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CFPB Considers Changes to Income Documentation

July 24, 2015
The Consumer Financial Protection Bureau is considering revising income documentation standards to help borrowers that have nontraditional sources of income, according to Richard Cordray, the director of the agency. At a hearing last week by the Senate Committee on Banking, Housing and Urban Affairs, Sen. Mark Warner, D-VA, raised concerns about the income documentation standards included in Appendix Q of the CFPB’s ability-to-repay rule. Non-agency lenders ...
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A Sign of Looser Credit: Nonbanks Make Mortgages To Foreclosed Borrowers, Sell the Loans to Banks

July 23, 2015
A handful of nonbank lenders are stepping up to the plate, offering mortgages to borrowers who are just one day removed from a foreclosure or short sale. But there’s a catch: many of the lenders willing to extend such credit want at least 20 percent down. Also, as it turns out, the trend is being funded by commercial banks that are serving as the end investors in the product. Two banks – one in California and one in New York – were identified...
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First Jumbo MBS Subject to SEC’s Due Diligence Disclosure Requirements Includes Wide-Ranging Loan-Level Details

July 17, 2015
JPMorgan Chase has released an expansive look into third-party due diligence findings on a pending jumbo MBS under new disclosure requirements from the Securities and Exchange Commission. The increased loan-level disclosures could boost investor confidence in new non-agency MBS. Documents filed through the SEC’s electronic system and posted on the agency’s website include detailed, loan-level reports from three due diligence firms that examined mortgages set to be included in JPMorgan Mortgage Trust 2015-4. American Mortgage Consultants, a due diligence provider, said...
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Bayview Asset Management Chief in Charge of Non-QMs Departs, Says Securitization Outlook is Mostly Ugly

June 26, 2015
After just over a year of buying mortgages that don’t meet the qualified-mortgage test, Jeff Lemieux has departed Bayview Asset Management while signaling that a non-QM securitization likely won’t happen any time soon – or even this year. Lemieux, who headed correspondent purchases for Bayview, provided Inside MBS & ABS with a blunt assessment of both non-QM originations and securitizations: “Nothing’s happening.” Lemieux went...
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