Legislative Issues

Browse articles from all of our Newsletters related to Legislative Issues.

October 15, 2018 - Inside the CFPB

Waters Seeks to Get the CFPB Back to Obama-Era Operation

Rep. Maxine Waters, D-CA, ranking member of the House Financial Services Committee, introduced a bill to undo changes Acting CFPB Director Mick Mulvaney has made to the agency during his tenure. The legislation has no chance in the current session of Congress, but it would likely get on the fast track if Democrats win control of the House in the upcoming midterm elections. “My bill, the Consumer First Act, would reverse the harmful changes the Trump administration ...

October 11, 2018 - Inside Mortgage Finance

Senate Banking Panel Hearing to Explore GSE Pilot Programs on Private MI, MSR Financing, SFR Sales

The Senate Banking, Housing and Urban Affairs Committee next week is expected to push officials from Fannie Mae, Freddie Mac and the Federal Housing Finance Agency on controversial pilot programs that have drawn the ire of certain industry factions.

October 5, 2018 - Inside FHA/VA Lending

Around the Industry

FHA Issues Waiver of Property Inspections in Disaster-Stricken California Counties. FHA has issued a waiver of its timing policy for completing property inspections prior to closing or endorsing a loan for FHA insurance. The waiver is in effect in presidentially declared major disaster areas in Lake and Shasta Counties, CA, that were ravaged by wildfires and high winds. FHA believes that the wildfires and high winds have stabilized so as not to cause any further damage to properties, even though FEMA has not declared “all clear” in the affected areas. The waiver allows damage inspections to be completed after Oct. 2, for properties located in the PDMDA. NC Commissioner of Banks Amends State Reverse Mortgage Rules. The North Carolina Commissioner of Banks recently amended its ...

October 5, 2018 - Inside FHA/VA Lending

Senate Still Has Time to Enact VA ‘Orphan’ Loan Bill, Says MBA

The mortgage banking industry is optimistic about Congress enacting legislation that would cure VA orphan loans before the midterm elections. The U.S. Senate still has time to consider H.R. 6737, the Protect Affordable Mortgages for Veterans Act, according to Bill Kilmer, chief lobbyist at the Mortgage Bankers Association. “Most observers think [lawmakers are] going to be around until Oct. 18 or 19, which is when Senate Majority Leader Mitch McConnell said he wants to keep folks around to work on nominations and other measures they need to clear,” Kilmer said. “There is time and, more to the substantive point, the bill passed the House.” H.R. 6737 would provide a technical fix so that certain VA refinance loans would be eligible for pooling in a Ginnie Mae mortgage-backed security. The bill was reported out of committee by a unanimous 49-0 vote, and was approved quickly by the House ...

October 4, 2018 - Inside Mortgage Finance

Mortgage Industry Waiting for Guidance on Implementation of Dodd-Frank Reforms

The industry is still waiting for guidance on how mortgage-related rules were changed by the Dodd-Frank regulatory relief bill, even though most provisions took effect immediately when the bill was signed into law in May. A number of requirements were changed in regard to smaller financial institutions by the Economic Growth, Regulatory Relief, and Consumer Protection Act, including the qualified-mortgage standard. However, the industry is still awaiting guidance from the Consumer Financial ...

September 27, 2018 - Inside Mortgage Finance

Attorneys: Proposal from Rep. Waters Underscores Potential Rise in Compliance Risk for Nonbanks

Nonbank mortgage servicers for the government-sponsored enterprises would face new regulations if Rep. Maxine Waters, D-CA, has her way.

September 21, 2018 - Inside FHA/VA Lending

September Issuance of FHA Final Condominium Reforms Unlikely

It looks like the Department of Housing and Urban Development will not be able meet its September target date for rolling out its long-awaited FHA condominium reform rule. Such is the consensus among stakeholders whose hopes were raised when HUD Secretary Ben Carson told the House Financial Services Committee in June that he would be issuing the rule this month. “HUD and the Office of Information and Regulatory Affairs (within the Office of Management and Budget) want to release the rules with the updated Single Family Handbook and they are still working on that,” said a real estate industry executive. He added that despite what Carson said at the committee hearing, “September is not likely for a release.” As of press time, the final condo reform rule had not yet been delivered for OMB review, a process that in the past has taken months to complete. In contrast, it took about a ...

September 21, 2018 - Inside FHA/VA Lending

Corrective Bill Renders VA Orphan Loans Eligible for Ginnie Guarantee

Ginnie Mae assured the mortgage industry that it would accept so-called VA orphan loans as long as they satisfy the terms of corrective legislation passed by the House Financial Services Committee recently. “As long as the mortgage loan complies with the law, we will accept it and put our guarantee on it,” said an agency spokesperson in response to an Inside FHA/VA Lending inquiry. Ginnie’s assurance provides certainty to a subset of VA loans that have been in limbo since June because they could not be delivered into Ginnie mortgage-backed securities. Lawmakers responded to industry calls for a legislative fix last week by voting overwhelmingly to approve H.R. 6737, the “Protect Affordable Mortgages for Veterans Act of 2018.” Introduced by Rep. Lee Zeldin, R-NY, the bill would eliminate the seasoning requirements in the recently enacted Dodd-Frank Act reform legislation, which conflicted with ...

September 21, 2018 - Inside MBS & ABS

Recent Legislative and Government Proposals Would Have Mixed Impact on Student Loan ABS: Moody’s

Changes made by the Dodd-Frank reform bill, along with other legislative proposals and government actions, would have mixed credit impact on ABS backed by student loans, said Moody’s Investors Service.

September 14, 2018 - Inside The GSEs

Somber House Hearing on 10th Anniversary of Conservatorship

The bulk of the House Financial Services Committee hearing last week focused on the lack of reform and how the GSEs’ growing role in the housing market makes them more of a liability to taxpayers today than they were before the housing crisis. The hearing was held on September 6, the 10-year anniversary of the conservatorship that has lasted longer than anyone expected. Retiring chairman of the committee Rep. Jeb Hensarling, R-TX, called the date the “not so happy anniversary” and said while reform is critical, it’s proven illusive. Hensarling introduced a bipartisan bill during the hearing, the Bipartisan Housing Finance Reform Act of 2018, but implied it likely won’t go anywhere in this Congress.

September 14, 2018 - Inside The GSEs

Under the Hensarling Bill, the GSE AU Systems Would be Transferred

If the Bipartisan Housing Finance Reform Act of 2018 becomes law, the common securitization platform of Fannie Mae and Freddie Mac would be transferred to a nonprofit “exchange” along with their automated underwriting systems, Desktop Underwriter and Loan Prospector, respectively. Among other things, the bill – introduced by Rep. Jeb Hensarling, -TX, chairman of the House Financial Services Committee, would require that the AU systems “be made available for public use.”...

September 14, 2018 - Inside The GSEs

Hensarling’s Bipartisan Bill Takes Another Stab at GSE Reform

Rep. Jeb Hensarling, R-TX, released his much-anticipated proposal, the Bipartisan Housing Finance Reform Act of 2018, for housing-finance reform last week but industry observers say it has little or no chance of making any headway. In fact, Hensarling said if reform stalls in this Congress or the next, he would advocate for the administration to tackle reform when a new Federal Housing Finance Agency director is named in January. He released the “discussion draft” the day of a House Financial Services Committee hearing on Sept. 6, the 10-year anniversary of the conservatorship. The bill would transition to a system where qualified mortgages backed by government-approved guarantors with regulated capital can access the...

September 14, 2018 - Inside Mortgage Trends

Lenders Seek Uniform Standard for Ad Disclosures

The Mortgage Bankers Association is working to reduce the speed talking and fine print that tend to accompany advertisements for mortgages. Currently, ad-disclosure requirements for mortgages vary by state. In August, Illinois became the first state to adopt a uniform ad-disclosure protocol supported by the MBA. Mortgage ads in the Prairie State must now include a reference to the Nationwide Multistate Licensing System and Registry’s consumer access website and cite ...

September 7, 2018 - Inside Nonconforming Markets

Talk of Housing-Finance Reform Heats Up

The 10-year anniversary of Fannie Mae and Freddie Mac entering conservatorship prompted an effusion of words regarding housing-finance reform and a draft of a new bipartisan bill in the House. It remains to be seen whether any of the talk turns into action in Congress, though administrative reform via the Federal Housing Finance Agency and the Treasury Department remains a possibility. Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee ...


Who "owns" the mortgage customer that’s brought to a wholesale lender through a loan broker?

The broker. It’s his/her client.


The wholesale/table funder. They’re taking the financial risk.


The broker, but only for the first year. After that, the borrower is fair game.


Hard to answer. It’s a complicated issue.