Three Republicans on the House Committee on Financial Services again pressed Consumer Financial Protection Bureau Director Richard Cordray for additional information regarding the agency’s budget, even though Congress does not control the bureau’s purse strings. The Republicans’ justification in pressing the issue is that the bureau’s budget affects the national debt while that of the other non-appropriated federal banking regulators do not. Noting the rising of the federal government’s budget deficit and the fact that the CFPB is funded by the Federal Reserve, the lawmakers...

Mortgage servicers could find themselves in a quandary as they implement the national servicing standards outlined in the March foreclosure settlement agreement, especially if they run into conflicting FHA requirements. Compliance experts say that while many of the settlement standards could be carried out within the FHA program without being at odds with existing FHA requirements, conflicts do exist with the guidelines that cannot be resolved. Even when it is technically possible to comply with both FHA guidelines and the settlement standards, it is still going to ...

Mortgage industry officials are urging the Consumer Financial Protection Bureau to give the industry plenty of time to implement the extensive – and inter-related – changes that are required under the Dodd-Frank Act. Two of the biggest anxieties these days are the rules on “qualified mortgages” and “qualified residential mortgages” being developed by federal regulators. Another is the CFPB project to integrate Truth in Lending Act/Real Estate Settlement Procedures Act mortgage disclosures. In addition to the fact that none of these rules have been made final, there’s a good deal of angst over how they...

The Consumer Financial Protection Bureau must structure the definition of a “qualified mortgage” under its forthcoming ability-to-repay rule as a legal safe harbor with clear, well-defined standards if regulators want to make sure that qualified borrowers across the credit spectrum maintain access to affordable financing, representatives of the financial services, home building and real estate industries said. Writing to the CFPB late last week, a group of 23 trade associations said, “Structuring the QM as a safe harbor and focusing litigation and enforcement activity on...

A handful of mortgage lending-related trade groups joined together to express their strong support of the Consumer Financial Protection Bureau’s proposed rule to codify the legal protections for privileged information that CFPB-regulated financial institutions submit to the bureau. The proposal would make clear that an institution that submits privileged information to the CFPB does not waive any applicable privilege having to do with third parties. It also would make clear that the bureau’s transfer of privileged information to another federal or state agency does not result in a...

The Consumer Financial Protection Bureau has put together a second panel, as per the Small Business Regulatory Enforcement Fairness Act, tasked with giving the bureau input on the mortgage servicing rules proposal that the CFPB is working on under the Dodd-Frank Wall Street Reform and Consumer Protection Act. “The SBREFA requires the CFPB to convene a small business panel before rolling out regulations that the CFPB director expects to have a significant impact on a substantial number of small business entities,” explained Barbara Mishkin, of counsel in the consumer financial services group...

The forthcoming combined Truth in Lending Act and Good Faith Estimate disclosure form and related rule pending at the Consumer Financial Protection Bureau is at the top of the list of greatest compliance concerns of mortgage lenders, according to the fourth annual compliance survey by QuestSoft, a provider of compliance software and services to the mortgage industry. Of the 426 lenders that were surveyed on their level of anxiety for regulatory changes, a whopping 81 percent identified this CFPB project as at least a medium (33 percent) or a high (48 percent) concern...

Facing a deadline set by the Dodd-Frank Act for the beginning of 2013, the Consumer Financial Protection Bureau is working on an ability-to-repay rule to define “qualified mortgages.” While industry participants have warned that few non-QMs will be originated, Raj Date, deputy director of the CFPB, said the regulator hopes to ensure that “prudent loans” will benefit from sufficient investor appetite and a competitive market. “We want to avoid any inappropriate disincentive that would prevent lenders from making ...

The Department of Housing and Urban Development said it would review and update as necessary its requirements for servicers of FHA-insured loans in conjunction with the establishment of new standards by the Consumer Financial Protection Bureau. HUD wants to ensure coordination between the FHA and CFPB standards and that each set of standards provides effective solutions for borrowers, said an FHA spokesman. On April 9, the CFPB previewed some of the mortgage servicing rules, which the agency plans to propose this summer and adopt in January 2013. It is unclear whether ...

An ad hoc coalition of trade associations, housing and consumer advocates, and community groups urged the Consumer Financial Protection Bureau last week to craft a “qualified mortgage” rule that encompasses a wide range of mortgage products and underwriting practices to protect credit availability. The varied group, which included the Mortgage Bankers Association, the American Securitization Forum, Consumer Mortgage Coalition and American Bankers Association, acknowledged that its members hold different views about whether the QM should be designed as a safe harbor or a rebuttable presumption...