Legislation
Browse articles from all of our Newsletters related to Legislation.
July 20, 2017 - Inside Mortgage Finance
As New HMDA Regime Approaches, CFPB Cuts Some Limited Slack, While Calls Continue for Delay
With the new data collection and reporting requirements under the Home Mortgage Disclosure Act now less than six months away, anxious industry calls for regulatory relief met with some limited success recently, while others continue to urge a broader extension of the implementation period. Late last week, the Consumer Financial Protection Bureau relented somewhat, proposing to temporarily ease HMDA reporting requirements for lenders that make a small number of home equity lines of credit. The agency proposed raising the threshold for HELOC reporting from 100 loans to 500 loans, starting in January 2018. Officials acknowledged they may have...
July 20, 2017 - Inside Mortgage Finance
CFPB Suffers Another RESPA Blow as Law Firm’s Affiliated Business Arrangement Validated by Court
Affiliated business arrangements may not be dead after all. Late last week, the U.S. District Court for the Western District of Kentucky ruled that such a network at the heart of a lawsuit brought by the Consumer Financial Protection Bureau was in fact legitimate as constituted under the Real Estate Settlement Procedures Act. In this case, which the bureau brought four years ago, the agency accused the Borders & Borders law firm of Louisville, KY, and its principals, Harry Borders, John Borders Jr. and J. David Borders, of illegally paying kickbacks for real estate settlement referrals through a network of shell companies. According to the CFPB’s complaint, the law firm operated...
July 17, 2017 - Inside the CFPB
Extend HMDA Implementation Period, Industry Urges CFPB
The American Bankers Association and banking associations from each of the 50 states and Puerto Rico last week called upon the CFPB to delay the new Home Mortgage Disclosure Act data collection and reporting requirements, which are scheduled to kick in Jan. 1, 2018. “We appreciate the bureau’s efforts to help lenders comply with the new reporting requirements,” the trade groups began. “Nonetheless, banks of all sizes are gravely concerned that they will not be able to assure proper compliance by the January timeframe.” For one thing, the new HMDA rules are inherently complex and very expensive to implement, according to the ABA and its affiliates. Also, they are incomplete. “Recently proposed adjustments to the rule are complicating compliance efforts...
July 17, 2017 - Inside the CFPB
CFPB Cuts Small-Volume HELOC Lenders Some HMDA Slack
Last week, the CFPB issued a proposal to temporarily ease reporting requirements under the Home Mortgage Disclosure Act for small banks and credit unions that issue home-equity lines of credit – but based on the number of such loans, not asset size of the institution. Under the CFPB’s HMDA rules scheduled to take effect in January 2018, financial institutions are generally required to report HELOCs if they made 100 such loans in each of the past two years. Under the proposal released last week, the bureau would increase that threshold to 500 loans through calendar years 2018 and 2019 in order to give the consumer regulator the time to consider whether to make a permanent adjustment. “Home-equity lines of credit worsened ...
July 17, 2017 - Inside the CFPB
JPMorgan Details Reforms Needed to Mortgage Servicing Regulation
JPMorgan Chase told the CFPB it supports the bureau’s mission of protecting consumers and recognizes that regulatory guardrails are necessary to make sure mortgage servicers adequately address consumers’ needs. “However, certain provisions of Regulation X [which implements the Real Estate Settlement Procedures Act] impose burdens on servicers that increase servicing costs and impact access to consumer credit without providing proportional benefits to consumers,” the servicer said. JPMorgan was one of the industry participants commenting on the CFPB’s proposal to start assessing the effectiveness of its mortgage servicing rules under RESPA. The financial institution went on to some of the problem areas in Reg X that still need to be addressed, one of which has to do with rules for loss...
July 17, 2017 - Inside the CFPB
Industry Suggests Improvements to Servicing Rule Assessment
Trade organizations representing the mortgage banking industry provided a number of important suggestions for the CFPB as it proceeds with a Dodd-Frank Act requirement to assess its mortgage servicing rules at the five-year mark. The first issue the American Bankers Association raised in this regard in its comment letter to the bureau was the scope of the assessment. “The CFPB should incorporate all of the servicing rules into its review, including the rules that implement the Truth and Lending Act and the amendments that the CFPB adopted to the servicing rules in 2016,” the ABA said – not just the rules promulgated under the Real Estate Settlement Procedures Act. The bureau also should take into account the rules’ effects upon consumers...
July 17, 2017 - Inside the CFPB
Bureau Issues Proposed Rule to Address TRID’s ‘Black Hole’
In addition to the so-called TRID 2.0 final rule, the CFPB recently issued a notice of proposed rulemaking related to what’s known in the mortgage industry as TRID’s “black hole,” which refers to situations in which a lender is not permitted to use a closing disclosure to reset fee tolerances. More specifically, the proposal addresses when a creditor may use a Closing Disclosure (CD), instead of a Loan Estimate (LE), to determine if an estimated closing cost was disclosed in good faith and within tolerance. Currently, lenders are permitted, under certain limited circumstances, to use revised estimates, instead of the estimate originally disclosed to the borrower, to compare to the charges actually paid by or imposed on the borrower in...
July 17, 2017 - Inside the CFPB
CFPB Codifies Final Changes to TRID, Permits Sharing of the CD
The CFPB recently published long-awaited updates to its “Know Before You Owe” integrated disclosure mortgage rule, finalizing, among other things, amendments on finance charge disclosures, disclosures tied to housing assistance that a borrower receives, and when information can be shared with third parties, including real estate agents. The KBYO rule took effect in early October 2015 as part of an effort to simplify disclosures under two laws: the Truth in Lending Act and the Real Estate Settlement Procedures Act. The lending industry commonly refers to the combined disclosures as TRID, short for TILA/RESPA Integrated Disclosure rule. In a statement on the amendments, the CFPB noted that TRID “changed the total of payments calculation so that it did not make specific...
July 13, 2017 - Inside Mortgage Finance
CFPB Finally Issues TRID 2.0 Clarifying Final Rule, Decides to Handle the ‘Black Hole’ Separately
After a few months of delay, the Consumer Financial Protection Bureau last week issued its long-awaited final rule clarifying a number of aspects of its integrated disclosure rulemaking under the Truth in Lending Act and the Real Estate Settlement Procedures Act, otherwise known as TRID 2.0. The most noteworthy revisions relate to good faith and revised disclosures, calculating cash to close, construction-to-permanent loans, and the sharing of disclosures during the origination process. In terms of good faith and revised disclosures, the 2017 TRID rule provides...
July 13, 2017 - Inside Mortgage Finance
CFPB Mortgage Servicing Rules Stabilized Market But Also Introduced Many Unintended Consequences
The mortgage servicing rules the Consumer Financial Protection Bureau promulgated in the wake of the mortgage market’s collapse brought much-needed stability to the loan servicing arena. But they also have had a host of unplanned side effects that continue to haunt the market to this day. That’s one of the prime takeaways from comments provided by some top lender/servicers and industry trade groups, in response to the CFPB’s announcement that it would begin its five-year assessment of its servicing rules as per the requirements of the Dodd-Frank Act. Wells Fargo said...
July 6, 2017 - Inside Mortgage Finance
FHFA Proposes Modest Changes to Low-Income Single-Family, Multifamily Purchase Goals
The Federal Housing Finance Agency proposed minor revisions to its single-family and multifamily housing goals for 2018 through 2020 to push Fannie Mae and Freddie Mac to continue helping low-income borrowers. The FHFA acknowledged that Fannie and Freddie are challenged when it comes to making credit available for the low-income market. Both government-sponsored enterprises have fallen short of the market in the low-income and very low-income purchase goal almost every year since 2013, the regulator noted. Most of the single-family goals would remain...[Includes one data table]
July 6, 2017 - Inside Mortgage Finance
Mortgage lenders will not be subject to supervisory or enforcement actions for violations of the early implementation guidance for the revised 2016 mortgage servicing rule, according to the Consumer Financial Protection Bureau. The CFPB issued “non-binding” policy guidance last week to allay lenders’ fear of being penalized if they fail to implement the 2016 servicing amendments up to three days early, said industry attorneys. Issued in August last year, parts of the rules take effect on Oct. 16, 2017, and April 16, 2018. Technically, the “relief” applies...
July 3, 2017 - Inside the CFPB
The Latest in Compliance: Industry Pro Details Efforts to Get Ready for TRID 2.0 Clarifying Rule
During the American Bankers Association’s 2017 regulatory compliance conference, held last month in Orlando, a top industry expert discussed and elaborated upon the work she and her colleagues have engaged in to prepare their institution for the upcoming TRID 2.0 clarifying rulemaking, which remains inexplicably delayed at the CFPB. Elizabeth Fredrickson, a vice president at Wells Fargo Bank, told an audience at a breakout session that her compliance team began with a “keep or kill” exercise back in March for all of the CFPB rules. “We brought stakeholders together and talked about what we liked and what we did not like, what we need and what we could do,” she explained. “Really, our conversation about TRID revolved around the fact ...
July 3, 2017 - Inside the CFPB
New Legislation Would Exempt More Small Lenders From HMDA
Legislation is afoot in both the U.S. House of Representatives and the Senate that would significantly expand the scope of lenders exempt from the record keeping and reporting requirements under the Home Mortgage Disclosure Act. In late June, Rep. Tom Emmer, R-MN, introduced H.R. 2954, which would amend HMDA to expand the exemption thresholds that determine which depository institutions are subject to the act’s record maintenance and disclosure requirements. However, the triggers are based on the number of loans originated, not the asset size of the institution. Specifically, the bill would exempt depository institutions that originated fewer than 1,000 closed-end mortgages in each of the two preceding calendar years, and depositories that originated fewer than 2,000 open-end lines of credit ...
July 3, 2017 - Inside the CFPB
State Regulators See HMDA, Licensing Problems Emerge
One emerging issue identified by state mortgage regulators over the last year has to do with the Home Mortgage Disclosure Act, according to a new report issued by the Multistate Mortgage Committee. Specifically, MMC examination teams found numerous data discrepancies in the Loan Application Register (LAR) submissions, when compared to the data contained in the reportable loan files. “Within the review process, examiners seek to validate the accuracy of the LAR data submitted to meet the requirements of HMDA, and in multiple instances it was determined that the data was either inaccurate or incomplete,” the report said. As the CFPB works to update the HMDA submission process, which may eliminate some of these issues, the MMC said it will also ...
July 3, 2017 - Inside the CFPB
CSBS Calls for Community Bank Relief from HMDA Requirements
A representative of the Conference of State Bank Supervisors testified before the U.S. Congress recently, telling lawmakers that smaller financial institutions can’t engage in as much residential mortgage lending activity as they otherwise would because of the growing reporting requirements under the Home Mortgage Disclosure Act, as well as the CFPB’s ability-to-repay/qualified mortgage rule. In his testimony before the Senate Banking, Housing and Urban Affairs Committee, Charles Cooper, commissioner of the Texas Banking Department and immediate past chairman of CSBS, said the CFPB’s recent expansion of HMDA reporting requirements has placed a disproportionate burden on smaller and less complex institutions, potentially restricting mortgage lending as well. “In 2018, the number of data points required to comply with HMDA reporting standards ...
June 29, 2017 - Inside Mortgage Finance
Flood Insurance Bills Advance in House, Other Mortgage Reforms Introduced
The U.S. House of Representatives was a relatively busy place last week, with a handful of measures related to flood insurance passing the House Financial Services Committee, and a few other, small-scale, individual mortgage reforms being introduced. Among the bills passed by the committee was H.R. 2875, the “National Flood Insurance Program Administrative Reform Act of 2017,” introduced by Rep. Nydia Velazquez, D-NY. It would make certain administrative reforms to the NFIP to increase fairness and accuracy and to protect the taxpayer from program fraud and abuse. The legislation passed on a 58-0 vote. Also favorably voted on was...
June 29, 2017 - Inside Mortgage Finance
House Panel May Take Up Housing-Finance Reform This Fall, But Challenges Are Plentiful
The House Financial Services Committee may take up housing-finance reform after Congress returns from its August recess, according to a key GOP member of the panel. But Rep. Blaine Luetkemeyer, R-MO, who chairs the subcommittee on financial services and consumer credit, told a recent meeting of the Financial Services Roundtable that he doesn’t expect any real movement on housing reform this year. “I wouldn’t expect...
June 29, 2017 - Inside Mortgage Finance
State Regulators Say CFPB Mortgage Rules Impede Community Banks’ Mortgage Lending, Relief Needed
The Conference of State Bank Supervisors has called for granting community banks relief from the Consumer Financial Protection Bureau’s ability-to-repay rule as well as the reporting requirements under the Home Mortgage Disclosure Act. Testifying before the Senate Banking, Housing and Urban Affairs Committee last week, Charles Cooper, commissioner of the Texas Banking Department and immediate past chairman of CSBS, said the rules limit the ability of smaller financial institutions to engage in residential lending. “Smaller and less complex institutions have reported...
June 23, 2017 - Inside MBS & ABS
Warner Expects GSE Reform Before Overhaul Of Dodd-Frank Act, Discusses Lessons Learned
Sen. Mark Warner, D-VA, suggested the widespread view that Congress won’t get around to resolving the conservatorships of Fannie Mae and Freddie Mac may be too pessimistic. Speaking at a Mortgage Bankers Association conference in Washington, DC, this week, Warner said, “This may surprise some folks, but I think the stars may align where you could actually see housing-finance reform happen in front of some of the Dodd-Frank reform.” Warner, who co-authored a reform bill four years ago, said...
June 23, 2017 - Inside MBS & ABS
Weaker Investor Protections Detected in Newer Nonprime RMBS Transactions vs. Prime Deals
Investors in nonprime MBS may be more vulnerable to fraudulent or defective mortgages compared to prime transactions because of deficiencies or inadequacies in the related representation-and-warranties frameworks, according to a new report from analysts at Moody’s Investors Service. “The collateral backing these transactions is riskier than the loans in post-crisis prime jumbo RMBS, which also generally use stronger frameworks,” the report said. For starters, “Transactions in the re-emerging non-prime RMBS sector are...
June 22, 2017 - Inside Mortgage Finance
Lenders Still Have a Number of TRID Compliance Questions, May Take Years to Get the Rule Right
The Consumer Financial Protection Bureau’s integrated-disclosure rule has been in effect for more than 18 months now, and industry compliance professionals still have a number of questions in need of answers as they await the issuance of the so-called TRID 2.0 rule from the agency. The rule had been expected in the first quarter of 2017, but to date, not a peep has been uttered by the agency as to the cause of the delay or when lenders might expect the final rule. The Treasury Department recently issued...
June 22, 2017 - Inside Mortgage Finance
Is It Too Late to Delay New HMDA Requirements? Industry May Only Have Weeks to Make its Case
The month of July may very well be do-or-die time for policymakers to decide whether they should delay implementation of the Consumer Financial Protection Bureau’s new reporting requirements under the Home Mortgage Disclosure Act. “Regulators, and particularly members of Congress, don’t understand that if you’re going to delay the rule based on the technology implications of it, you really have to make a decision fairly far out before the rule becomes effective,” said Richard Andreano, a partner with the Ballard Spahr law firm in Washington, DC. He gave his remarks during a panel discussion at the American Bankers Association’s annual regulatory compliance conference, held in Orlando last week. In his judgement, July is...
June 19, 2017 - Inside the CFPB
House Fires Shot Across CFPB’s Bow, Passes Financial CHOICE Act. The GOP-controlled House of Representatives followed through on the majority’s often expressed intention to largely eviscerate the CFPB, passing H.R. 10, the Financial CHOICE Act, the Republican alternative to the Dodd-Frank Act. The measure passed on a vote of 233-186. All eyes now turn to the Senate Banking, Housing and Urban Affairs Committee, where Mike Crapo, R-ID, will play a pivotal role in Republican efforts to roll back the bureau. “Today’s passage of the Financial CHOICE Act is a significant and thoughtful effort to improve our financial regulatory system,” Crapo said after the vote. “Many of the provisions in this legislation are responses to the failures and consequences of Dodd-...
June 19, 2017 - Inside the CFPB
TRID Played a Huge Part in Mortgage Defects Last Year
More than 68 percent of mortgage defects reported in 2016 involved TRID-related and/or loan package documentation issues, according to the latest mortgage quality control industry trends report from ACES Risk Management (ARMCO). “In 2016, the entire lending industry was impacted by the enhanced regulatory oversight of the CFPB as the long-awaited implementation of TRID was fully realized,” the report noted. “Many lenders spent the better part of the first quarter addressing the multitude of mistakes associated with TRID.” In some instances, this produced loans that could not be sold on the secondary market. “A wave of corrective action followed, and soon the sheer amount of resources directed at solving these issues became overwhelming for many lenders,” ARMCO added. The top...
June 19, 2017 - Inside the CFPB
Should CFPB Delay New HMDA Requirements? Experts are Torn
Industry compliance officers, trade group representatives and legal experts at the American Bankers Association’s regulatory compliance conference, held in Orlando last week, expressed mixed sentiments about whether the CFPB ought to delay the effective date of the new requirements it is ushering in under the Home Mortgage Disclosure Act. They were responding to the suggestion of such a delay made by the Treasury Department in its recent report as per President Trump’s Executive Order 13772. “Obviously, a delay has to be for at least a year because the nature of HMDA is such that you can’t delay for six months,” Rodrigo Alba, the ABA’s senior vice president and senior regulatory counsel for mortgage finance, told an audience during a working ...
June 19, 2017 - Inside the CFPB
Treasury Report Blames CFPB Rules for Tight Mortgage Credit
The Treasury Department’s report on reforming financial regulation in the U.S. blames rules ushered in under the Dodd-Frank Act – and promulgated by the CFPB – for tight credit conditions in the mortgage market. “While Dodd-Frank and the ATR/QM [ability to repay/qualified mortgage] rule were not intended to eliminate markets for loans that did not meet the QM standards, the reality is that the vast majority of lenders remain unwilling to make loans that do not meet those standards, eliminating access to mortgages for many creditworthy borrowers,” Treasury wrote in the 142-page report. (At best, $3 billion to $4 billion in nonprime/non-QM mortgages might be originated this year out of total industrywide originations of $1.5 trillion.) The administration took aim at Appendix ...
June 19, 2017 - Inside the CFPB
The Trump Treasury Report: Treasury Takes Aim at the CFPB, Calls for Structural Changes
In a new report mandated by the Trump administration, per Executive Order 13772, the Treasury Department slammed the CFPB on multiple counts and called for an overhaul on how the bureau is managed. The Treasury’s perspective was summed up succinctly: “The CFPB was created to pursue an important mission, but its unaccountable structure and unduly broad regulatory powers have led to regulatory abuses and excesses. The CFPB’s approach to enforcement and rulemaking has hindered consumer choice and access to credit, limited innovation, and imposed undue compliance burdens, particularly on small institutions.” The report then detailed a number of more specific criticisms, as follows. “The bureau’s structure renders it unaccountable to the American people,” it began. Also, the CFPB’s substantive authority ...
June 16, 2017 - Inside Mortgage Trends
Complaint Trends Have Much to Teach Lenders
There are three important trends in the consumer complaint space, each bearing important lessons for mortgage lenders, regardless of size or structure, according to top compliance experts. Speaking to an audience at the American Bankers Association’s annual regulatory compliance conference in Orlando earlier this week, Carol Hunley, deputy chief compliance officer at Ally Financial Services, detailed each of them and their significance for lender compliance. First, the lending environment is...
June 16, 2017 - Inside MBS & ABS
Treasury Seeks Significant Regulatory Changes to Spur Non-Agency MBS Market, Boost ABS Issuance
The Trump administration wants to pare back regulations that inhibit the non-agency MBS and ABS market and tilt current securitization economics that favor the government-sponsored enterprises over private issuers. “In order to revitalize a responsible [private-label securities] market, it is important to improve incentives for issuers through reasonable reductions in costs and regulatory burdens,” the Treasury Department said in a new report released this week. In particular, it aimed at adjusting relative economics for the government-sponsored enterprises and FHA/VA mortgage programs. On the regulatory side, Treasury recommends...
June 15, 2017 - Inside Mortgage Finance
The House of Representatives last week passed sweeping legislation that would repeal or modify consumer protection provisions of the Obama-era Dodd-Frank Act, including an overhaul of the Consumer Financial Protection Bureau’s structure and authority as well as changes to the rulemaking process followed by the CFPB and federal banking agencies. The House approved H.R. 10, the Financial Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs (CHOICE) Act, on June 8 by a vote of 233-186, along party lines. The bill was sent to the Senate, where Republicans enjoy a narrow majority and would have to win over some Democrats to get the bill through. Under the Republican bill, the CFPB would be renamed...
June 15, 2017 - Inside Mortgage Finance
Lack of HMDA Transition Rule Will Leave Lenders Vulnerable on HELOC Compliance
Mortgage lenders that expect to close on a pending home-equity line-of-credit near the end of this year may run afoul of the new Home Mortgage Disclosure Act rule from the Consumer Financial Protection Bureau if the HELOC doesn’t close on time, compliance experts cautioned this week. That’s because the CFPB created a compliance gap by failing to establish a rule to guide industry conduct during the transition from the current reporting regime to the new one. At least that’s the assessment of some top HMDA professionals during a break-out session at the 2017 American Bankers Association regulatory compliance conference in Orlando this week. The crux of the problem is...
June 15, 2017 - Inside Mortgage Finance
The Department of the Treasury this week issued a report calling for stripping the Consumer Financial Protection Bureau of its supervisory powers over federally insured banks and state-supervised nonbanks, clarifying and modifying the TILA-RESPA integrated disclosure rule, and freezing additional rulemaking in mortgage servicing. The report recommends actions and changes that can be immediately undertaken to reduce regulatory overlap, fragmentation and duplication. While some of the changes could be implemented administratively, many would require congressional action. Treasury called...
June 15, 2017 - Inside Mortgage Finance
Firms that specialize in subservicing home mortgages for others continued to post steady gains in the first quarter, according to a new tally from Inside Mortgage Finance. The nation’s 20 largest subservicers held $1.689 trillion of contracts at March 31, a 5.1 percent sequential gain and a hefty 24.1 percent improvement from the same period a year earlier. Also, roughly $1.877 trillion of the nation’s mortgages are...[Includes one data table]
June 9, 2017 - Inside FHA/VA Lending
HECM Lenders Seek Clarification of Certain Proposed HMDA Changes
An industry trade group is requesting that the Consumer Financial Protection Bureau exclude reverse mortgages from the income-reporting requirement of the Home Mortgage Disclosure Act. The National Reverse Mortgage Lenders Association is seeking an exemption similar to the HMDA exemptions for rate spread; Home Ownership and Equity Protection Act status; origination charges; discount points; lender credits; total loan costs; points and fees; prepayment penalty term; and balloon payments. However, should the CFPB require income reporting on reverse mortgages, the NRMLA would want further guidance and clarification. Home Equity Conversion Mortgage loans make up over 99 percent of the reverse mortgage market today, and have not dropped below 85 percent since 1993, according to the group. NRMLA’s request is part of a broader comment on ...
June 9, 2017 - Inside MBS & ABS
House of Representatives Passes CHOICE Act But Legislation Likely Faces a Dead End in Senate
The House of Representatives late this week passed H.R. 10, the Financial CHOICE Act, which would undo a number of changes to the secondary market and to the regulatory landscape that were ushered in by the Dodd-Frank Act. As previously reported, among these are the elimination of the Dodd-Frank risk-retention requirements for ABS other than residential mortgages. Another provision would enable the president to remove the director of the Federal Housing Finance Agency before the end of the director’s appointed term, with or without cause. It also would make...
June 8, 2017 - Inside Mortgage Finance
House of Representatives Begins Vote On GOP Alternative to Dodd-Frank Act
The House of Representatives this week began voting on H.R. 10, the Financial CHOICE Act, the Republican effort to replace significant portions of the Dodd-Frank Act. The legislation, introduced earlier this year by House Financial Services Committee Chairman Jeb Hensarling, R-TX, passed out of committee in early May on a party-line basis. The final vote was expected to be completed late this week. The House Rules Committee voted...
June 8, 2017 - Inside Mortgage Finance
Industry Says It Can’t Fully Prep for New HMDA Amendments Until CFPB Completes Needed Actions
Mortgage lenders say they need another year, at least, to prepare for all the new requirements they will confront under the Consumer Financial Protection Bureau’s revised Home Mortgage Disclosure Act rule. One of the biggest problems is that the industry is waiting for multiple actions to be completed by the bureau before it can fully implement the new changes and test compliance systems, the Mortgage Bankers Association said in a comment letter filed with the CFPB last week. Back in April, the bureau proposed...
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