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Inside the CFPB

December 18, 2017

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More Court Action This Week in English vs. Mulvaney Dispute

The legal wheels continue to turn in the personal efforts of CFPB Deputy Director Leandra English to overturn President Trump’s appointment of Office of Management and Budget Director Mick Mulvaney to serve simultaneously as acting director of the bureau. More activity is slated this week before Judge Timothy Kelly, whom Trump appointed to the U.S. District Court for the District of Columbia Circuit earlier this year. Additional legal briefs are due and a hearing has been scheduled. Despite losing in her bid for a temporary restraining order, English has since filed for a preliminary injunction to prevent defendants Trump and Mulvaney from “appointing, causing the appointment of, or recognizing the appointment of an acting director of the Consumer Financial Protection ... Read More

CFPB Looking Less Like an Adversary, More Like a Partner

When Office of Management and Budget Director Mick Mulvaney assumed control of the CFPB as acting director last month, he suggested he would like to see the bureau be less adversarial towards the financial services industry and be more accommodating. Since then, the bureau under Mulvaney’s directorship has pulled in its claws somewhat in a few enforcement actions, at least one of which is mortgage related. In this particular case, back in the spring of 2015, the CFPB sued Ohio-based Nationwide Biweekly Administration, Loan Payment Administration, and their owner, Daniel Lipsky, in federal district court. The regulator had accused them of misrepresenting the interest savings consumers would achieve through a biweekly mortgage payment program and misleading consumers about its cost.... Read More

Sen. Warren Inquires About Record-Keeping, Communications

Sen. Elizabeth Warren, D-MA, who recently raised some questions about the ethics standards that apply to CFPB Acting Director Mick Mulvaney and members of his Office of Management and Budget staff who are doing double duty with both agencies, also has some questions about how certain record-keeping and communication requirements are going to be carried out in the unusual set-up. “Given the dual roles for Mr. Mulvaney and his staff, I am also concerned about record-keeping and other procedures in place to ensure that their work remains separate and subject to appropriate Presidential Records Act, Freedom of Information Act, and other recordkeeping and transparency requirements, and is categorized correctly for these purposes,” Warren said. Her concerns were raised in a ... Read More

Dem State AGs Bash Mulvaney, Threaten Aggressive Enforcement

Democrat state attorneys general from 16 states and the District of Columbia wrote President Trump earlier this month, vowing to ramp up their enforcement efforts if the bureau backs off under Acting Director Mick Mulvaney, and taking issue with his appointment to the position. “As you know, state attorneys general have express statutory authority to enforce federal consumer protection laws, as well as the consumer protection laws of our respective states,” the AGs said. “We will continue to enforce those laws vigorously regardless of changes to CFPB’s leadership or agenda.” They reminded the president that, as attorneys general, they retain broad authority to investigate and prosecute individuals or companies that deceive, scam or otherwise harm consumers. “If incoming CFPB leadership ... Read More

Another Industry Group Calls for Delay in New HMDA Requirements

The Community Home Lenders Association last week asked CFPB Acting Director Mick Mulvaney to delay implementing the bureau’s pending new data collection and reporting requirements under the Home Mortgage Disclosure Act, which are slated to kick in Jan. 1, 2018. The trade group’s more general concerns are, first, that HMDA requirements should be balanced and tailored to the objectives. “The Trump administration has pledged to address overly burdensome regulations which have a negative impact on the ability of private sector finance providers to make credit available to consumers,” said the CHLA, which represents mostly small, independent mortgage bankers. The industry organization reminded Mulvaney it has issued reports and written letters this year detailing how excessive regulations and the threat of ... Read More

Senate Reg Relief Bill Would Tweak Handful of CFPB Regulations

The Senate Banking, Housing and Urban Affairs Committee recently passed a bipartisan measure that will provide some noteworthy relief from a handful of CFPB regulations, especially for small and regional lenders. Under S. 2155, the Economic Growth, Regulatory Relief and Consumer Protection Act, certain mortgages originated and retained in portfolio by banks and credit unions with less than $10 billion in total assets would be deemed qualified mortgages under the bureau’s ability-to-repay rule. The act also would provide regulatory relief under the Home Mortgage Disclosure Act for small depository institutions that have originated less than 500 closed-end mortgage loans or less than 500 open-end lines of credit in each of the two preceding calendar years. The Government Accountability Office would ... Read More

Servicers Shouldn’t Expect That Much Regulatory Relief, S&P Says

Analysts at S&P Global Ratings said that they do not expect mortgage servicers to see much of an impact from ongoing efforts at deregulation. “The recent resignation of the head of the CFPB – a major tenet of Dodd-Frank – the appointment of a new CFPB acting director, and the Trump administration’s focus on rolling back financial regulations suggest more lenient industry standards could be in the future,” they said in a report recently. However, they don’t foresee any major shift in the industry. “For one, no servicer wants to be associated with following questionable strategies or practices,” the ratings service said. “Furthermore, implementing regulatory initiatives in the past 10 years has been costly for servicers. It would be counterproductive for servicers ... Read More

QM DTI Requirement May Not be That Effective, Research Suggests

If the CFPB thought that mandating a 43 percent debt-to-income ratio requirement for a residential mortgage, as seen in its ability-to-repay rule, would lower the odds of a borrower later going into default, it might want to think again. The JPMorgan Chase Institute recently reviewed more than 400,000 mortgage modifications that received payment reduction, principal reduction, or a combination of the two during the financial crisis, and came to the conclusion that payment reduction did a better job bringing relief to struggling homeowners than principal reduction. “Our data showed that for borrowers who were underwater, payment-focused mortgage debt reduction was more effective at slowing default than principal-focused mortgage debt reduction,” the institute said in a report last week. “In addition, ... Read More

Fixing QM, Other Dodd-Frank Rules Remain on White House Agenda

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 ... Read More

FDIC Examiners Need to Up Their Game in Monitoring Compliance

A new report from the Office of the Inspector General of the Federal Deposit Insurance Corp. found that examiners in the agency’s Division of Depositor and Consumer Protection need to do a better and more consistent job of reviewing lenders’ compliance with the CFPB’s ability-to-repay and loan originator compensation rules. The ATR rule directed most mortgage lenders to make a reasonable and good-faith determination, at or before loan consummation, that a consumer would have a reasonable ability to repay a residential mortgage loan according to its terms. Some lenders and loan programs are exempt from this requirement. The LO comp rule placed limits on loan originator compensation and imposed new requirements on loan originators. Both rules took effect Jan. 10, 2014.... Read More

Other News in Brief/It’s Official: Cordray is Running for Governor in Ohio

It’s Official: Cordray is Running for Governor in Ohio. After months of rumors and speculation, former CFPB Director Richard Cordray recently declared his candidacy for governor in his home state of Ohio. Although he faces at least four rivals for the Democrat nomination, at least one observer in the state considers him the instant favorite.... Mulvaney, Trump and Wells Fargo. Since Mick Mulvaney assumed the directorship of the CFPB, he has imposed a 30-day freeze on all new bureau regulations, and reportedly stopped all new contracting and all new lawsuits, has installed his aides into important positions at the agency, and temporarily froze all payments from the bureau’s civil penalty fund.... Read More

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