Rep. Bill Huizenga, R-MI, chairman of the House Financial Services Subcommittee on Monetary Policy and Trade, recently re-introduced the Mortgage Choice Act, the points-and-fees legislation, with some bipartisan support, which could help ease concern at a White House wary of Republican efforts to scale back the powers of the CFPB. The measure would exempt from the qualified mortgage 3 percent cap on points and fees any affiliated title charges and escrow charges for taxes and insurance. Huizenga’s bill also would exclude lender-paid compensation to a bank in a wholesale transaction from the 3 percent cap.“Hardworking families across the nation should not be denied access to a qualified mortgage because of technicalities that are largely out of their control,” said ...

The Federal Reserve’s opinion survey of senior loan officers has grown in scope to include some new mortgage categories, including qualified mortgage underwriting and non-QM underwriting. In brief, the Fed found that underwriting is easing slightly as demand slips modestly. “The January 2015 survey revised and expanded the residential mortgage loan categories to reflect the CFPB’s qualified mortgage rules and provide additional detail on important developments in the residential mortgage market both now and in the future,” the survey said. In particular, the survey included the following seven mutually exclusive categories of residential home-purchase mortgage loans: government-sponsored enterprise-eligible residential mortgages; government residential mortgages; QM non-jumbo, non-GSE-eligible residential mortgages; QM jumbo residential mortgages; non-QM jumbo residential mortgages; non-QM non-jumbo residential mortgages ...

OIG Expects to Finish Nine Audits, Evaluations of the CFPB This Quarter. The CFPB’s Office of Inspector General has a batch of ongoing projects related to the bureau that it expects to complete sometime during the first quarter, according to the OIG’s latest work plan, released early this week.Among the projects are audits of the CFPB’s contract management process, its diversity and inclusion processes, and it headquarters renovation project. Other projects with a first quarter 2015 completion timeframe are audits of the CFPB’s public consumer complaint database, the bureau’s space-planning activities, and the CFPB’s Tableau system, an application used to develop, publish, and view business intelligence data. Also up for completion this quarter is an evaluation of the CFPB’s ...

Although there’s been plenty of talk about the securitization of nonprime loans that don’t fit the qualified mortgage criteria finally taking off this year, it’s not looking like a good bet. “We can’t do a security this year,” said Jeff Lemieux, vice president at Bayview Asset Management, which has been actively buying non-QM product geared toward the self-employed. Bayview is purchasing...

One year after the Consumer Financial Protection Bureau’s standards for qualified mortgages took effect, lenders remain cautious about originating non-QMs. “Even though DBRS has seen a few lenders implementing non-QM programs that allow for back-end debt-to-income ratios as high as 50 percent and FICO scores as low as 600, DBRS expects that larger lenders, who are still recovering from the massive fines they had to pay for making subprime loans, will ...

A larger share of small portfolio lenders would qualify for exemptions from standards for qualified mortgages under a proposal issued last week by the Consumer Financial Protection Bureau. Among other issues, the CFPB proposed expanding the definition of “small creditor” from the current limit of 500 first-lien mortgages originated in a year to 2,000 mortgages. The new definition would exclude loans held in portfolio by the lender and its affiliates ...

The Consumer Financial Protection Bureau made a few industry hearts skip a beat last week when it proposed loosening some of the parameters of the ability-to-repay rule for small lenders and for those providing credit to rural and underserved communities. Under the bureau’s proposal, small lenders could hold an unlimited number of mortgages in portfolio without sacrificing their “small creditor” status under the ATR rule. In and of itself, the change isn’t that big a deal. But what really captured some industry representatives’ imagination was the possibility that it might represent a liberalization of the bureau’s attitude toward portfolio loans in the context of the ATR rule and more concessions ahead. Under the CFPB’s proposal, the definition of “small creditor” would expand...

FHA lenders are gearing up to meet an anticipated increase in demand for purchase and refinance loans with mortgage rates falling to near-historic lows coupled by a 50 basis point cut in FHA’s annual insurance premium. Lenders hope the combination of lower mortgage rates and the revised FHA pricing structure will create sufficient incentive for more borrowers to purchase a home or refinance an existing mortgage. For example, Freedom Mortgage, 32nd in Inside FHA Lending’s 2014 ranking of FHA lenders, is looking to hire as many as 500 new employees to handle the anticipated surge following the FHA action. Stanley Middleman, chief executive officer of Freedom Mortgage, expects a robust FHA refinance market during the first half of 2015, tapering off in the second half. “Lower rates, coupled with premium reduction, put a lot of FHA borrowers in a position to get their ...

The half-percent annual premium reduction the FHA announced recently will likely enable the agency to reclaim the high loan-to-value segment of the mortgage market from Fannie Mae and Freddie Mac, according to analysts. Speaking with some originators that have been looking at the best way to securitize high LTV loans, Deustche Bank securities analysts said the lower FHA annual premium would put pressure on the government-sponsored enterprises to lower the cost of their guarantees. “The grapevine has anticipated for months that [g-fees] have little chance of going up and more chance of going down,” the analysts said. “But the specific risk triggered by the FHA move is that the cost of credit will now drop for high-LTV conventional borrowers.” Even before the FHA policy shift, private mortgage insurers have been pressuring the Federal Housing Finance Agency to ...

Shortly before he left office, the former chairman of the Senate Banking, Housing and Urban Affairs Committee urged the Consumer Financial Protection Bureau to fix a problem that may prevent some loans from being classified as qualified mortgages. Former Sen. Tim Johnson, D-SD, said the problem in the CFPB’s points-and-fees definition was the result of a drafting error in the Dodd-Frank Act, which established the qualified mortgage under the ability-to-repay regulation. Loans with points and fees exceeding 3 percent can still be legal under the ATR, but the lender doesn’t get the liability protection afforded QMs. “The calculation of points and fees for purposes of determining what is a qualified mortgage was not intended...