The mortgage lending industry widely supports the Consumer Financial Protection Bureau’s proposal to extend to Oct. 3, 2015, the effective date of its transformative integrated-disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. But more needs to be done, say those who have commented on the planned delay. The American Bankers Association, for example, said, “Given the unique circumstances posed by the TRID rulemaking, the only way to realistically ensure an orderly transition to the new regulatory framework – and to guarantee uninterrupted service to consumers – is to institute a subsequent supervisory transition period that restrains enforcement and liability during a three-month period following the proposed effective date.” For a variety of reasons, the ABA urged...

The CFPB rang the credit card industry’s bell last week, compelling JPMorgan Chase to refund at least $50 million to consumers and to pay $136 million in penalties and payments to settle an enforcement action related to allegations of selling bad debt and robo-signing documents. The lender also must pay a $30 million penalty to the Office of the Comptroller of the Currency in a related action. According to CFPB officials and attorneys general from 47 states and the District of Columbia, who collaborated in bringing the action, Chase sold credit card accounts to debt buyers that included amounts that were inaccurate, settled, discharged in bankruptcy, not owed, or otherwise not collectible. Debt buyers then sought to collect the faulty ...

The mortgage lending industry, fresh off a successful appeal to the CFPB for an extension of the effective date of the pending integrated disclosure rule, has secured the introduction of another piece of legislation in the U.S. Congress that would provide lenders a “hold harmless” enforcement period under the new rule. S. 1711, a bipartisan bill sponsored by Sens. Tim Scott, R-SC, Joe Donnelly, D-IN, and others, would provide for a temporary safe harbor from the enforcement of the rule, from the effective date through Dec. 31, 2015, providing lenders are making good-faith efforts to comply with the rule. The measure is identical to H.R. 2213 introduced in May by Reps. Steve Pearce, R-NM, and Brad Sherman, D-CA. “This bill ...

The CFPB recently took action against some credit card add-on product vendors – Affinion Group Holdings and its affiliated companies, and Intersections Inc. – accusing the companies of charging consumers for credit card add-on benefits they did not receive. When it comes to Affinion, the CFPB alleges that from about July 2010 through August 2012, the company enrolled consumers in add-on products that claimed to provide consumers with credit monitoring, credit report retrieval, or both. Consumers generally paid between $6.95 and $15.99 per month for these products, which were typically billed directly to their credit cards or deposit accounts. However, the bureau alleges that Affinion or its partner banks billed full product fees to at least 73,000 accounts while failing to provide ...

U.S. military personnel are still having to deal with problems and challenges when they contact student loan servicers to invoke the military rights and protections earned through their service, according to a recently released report from the CFPB. Among the problems cited in the report are continued mistakes handling service members’ student loan repayments, resulting in improper denials of legal benefits, negative credit reporting, and shoddy follow-through on legal protections for military families. Complaints also include frustrations from grieving parents seeking to discharge a co-signed loan following the death of their child. Specifically, the report found that service members continue to report difficulties in obtaining the Servicemembers Civil Relief Act interest rate cap of 6 percent, despite action by federal ...

A number of trade groups that represent firms involved in the securitization market are pushing for an appeal to be heard in a case that has significant implications for the MBS and ABS markets. A ruling in May by the Second Circuit Court of Appeals in Madden v. Midland Funding determined that nonbanks shouldn’t receive the federal preemption of state law that has been allotted to banks under the National Bank Act. “The outcome of the case would significantly impair...

No matter how cleverly hidden, the Securities and Exchange Commission can eventually ferret out bad business practices – a costly lesson learned by AlphaBridge Capital Management. The SEC ordered AlphaBridge, a registered hedge-fund adviser, and two of its principals to pay a $5 million penalty for allegedly inflating the prices of illiquid MBS held in hedge-fund portfolios managed by the firm. The SEC charged...

The Department of Veterans Affairs has announced measures lenders may employ to provide relief to VA borrowers whose lives and homes were upended by recent severe storms, tornados and flooding in Texas, Oklahoma and Guam. VA mortgage relief would be available to the families of borrowers who died during these natural catastrophes and to borrowers whose homes were badly damaged or destroyed. Relief is also available to those whose work environments were destroyed or severely damaged. Other people have been indirectly affected as well, and the impact may continue to ripple throughout the country, as evacuees travel nationwide to seek support and shelter from family members in unaffected areas, according to the VA. VA encourages holders of guaranteed loans to extend forbearance to distressed borrowers and to provide counseling to them. Lenders are also authorized under VA regulations to reapply prepayments to ...

The GSEs benefited from the Consumer Financial Protection Bureau’s free pass on the debt-to-income ratio requirements of the qualified-mortgage rule, resulting in a $132.9 billion increase in business.A new Inside Mortgage Finance analysis of mortgage-backed securities data illustrates that from the beginning of 2014 through the end of the first quarter of 2015, approximately 16.3 percent of the loans securitized by Fannie Mae and Freddie Mac had DTI ratios exceeding 43 percent. In the non-agency world, a qualified mortgage has to have a DTI ratio of 43 percent or less. While the government-insured market has its own QM rules that effectively ignore DTI, a loan eligible for sale to the GSEs is considered...

An increase in short-term interest rates will have an outsized impact on commercial MBS among structured finance assets, according to Moody’s Investors Service. In a report released last week, the rating service said higher interest rates will be credit negative for existing deal performance and new issuance for commercial MBS and largely neutral for residential MBS and most ABS sectors. As interest rates rise, Moody’s said term default risk on loans backing new issue commercial MBS will increase because the loans’ debt service coverage ratios will be lower than the DSCRs at the time of origination of loans in outstanding deals. “Rates on loans backing new conduit deals will increase, thereby reducing DSCR in relation to a given property’s cash flow,” the rating service said. “New conduit deals are typically backed by loan pools that were originated no more than ...