Tuesday, July 8, 2008

Final Reg. Z Reform Next Week

Last December, this Board commented on amendments to Regulation Z proposed by the Federal Reserve Board pursuant to the authority granted by the Home Ownership and Equity Protection Act. Following publication of the proposed amendments in the Federal Register, the Fed. accepted comments from interested parties. The comment period ended approximately two months ago.

This morning, Chairman Bernanke announced that the final regulations will be published next week. For the text of Chairman Bernanke's comments, see below:

Tuesday, July 1, 2008

FDIC Guidence On Suspension Or Reductions of HELOCs

In Financial Institutions Letter FIL-58-2008, issued on June 26, 2008, the Federal Deposit Insurance Corporation (FDIC) set forth "suggested best practices" for supervised financial institutions who choose to reduce or suspend home equity lines of credit (HELOCs) previously extended to certain borrowers. The letter was issued in response to the growing number of HELOCs that are being suspended or reduced by lenders in response to the growing risk of loss in the current turbulent mortgage market.

In its letter, the FDIC admonished the financial institutions it supervises that they must comply with certain requirements of the federal Truth in Lending Act (TILA), the Equal Credit Opportunity Act (ECOA), and the Fair Housing Act, when suspending or reducing a line of credit secured by a borrower's residence. TILA permits lenders to reduce or suspend a HELOC if there is a "significant decline" in the value of the dwelling or if there is a "material change" in the borrower's financial condition. In addition, ECOA and the Fair Housing Act prohibit discrimination on the basis of race, gender, or other specified factors in any part of a credit transaction.

A copy of FIL-58-2008 is attached below.

http://www.fdic.gov/news/news/financial/2008/fil08058.pdf

Friday, June 27, 2008

Mortgage Bill Stalls in Senate

After clearing a key procedural hurdle on Tuesday, it appeared the massive housing bill being championed by Senators Dodd (CT) and Shelby (AL) was on the road to final passage by the full Senate. However, a final floor vote on the bill was stymied this week by Senator John Ensign (NV), who attached certain non-germane energy provisions to the bill. It now appears the bill will not be considered for final passage by the Senate until after the July 4 recess at the earliest.
Attached is a CNN report on the current status of the bill.

http://money.cnn.com/2008/06/27/news/economy/senate_vote_delay/index.htm?postversion=2008062712

Wednesday, June 25, 2008

Countrywide Sued by California and Illinois AGs

This Board typically does not comment on events related to specific mortgage lenders. However, it is legally significant to note that Countrywide Financial Corporation, Inc. and various subsidiaries were sued today in separate actions by the Attorneys General of California and Illinois. Countrywide Chairman and CEO Angelo Mozilo was individually named in both suits. Countrywide President David Sambol was individually named in the California suit.

Both lawsuits allege that Countrywide engaged in a pattern of deceptive trade practices and misleading advertising. These actions come in addition to several other lawsuits that have been filed against Countrywide related to its lending practices during the past several years. The claims raised in the respective complaints, links to which are attached below, provide a good outline of the types of charges that have been leveled against Countrywide and other lenders in the wake of the mortgage crisis in America.

This Board and its author makes no comment and takes no position related to the merits, or lack thereof, of the legal actions described in this post or any other legal action brought by or against Countrywide or any other lender.


Dodd/Shelby Housing Bill Moves to Final Vote in the Senate

Yesterday, the "Housing and Economic Recovery Act of 2008" cleared a key Senate hurdle and is now in line to be considered on the merits by the full Senate. "Cloture" of debate of the comprehensive housing measure was agreed-to by the Senate by a vote of 83-9. Cloture is the Senate mechanism by which debate on a bill is ended and a final vote is scheduled. In order to achieve cloture, it is necessary to obtain 60 votes. If a cloture motion receives less than 60 votes, then debate will continue on the bill and no vote will be held until such time as cloture is obtained or the bill is withdrawn from the floor. Accordingly, obtaining cloture is a critical measure of the level of support any given piece of legislation has in the Senate.

The housing bill is being championed by Senators Chris Dodd (CT) and Richard Shelby (AL), the Chairman and Ranking Member, respectively, of the Senate Banking Committee. The bill will likely come up for consideration on the merits by the full Senate in the next few days.

If the housing bill is passed by the Senate, it will still have to be reconciled with a similar bill passed by the House of Representatives. It is likely there will be certain points of disagreement between Senators Dodd and Shelby and Barney Frank, Chairman of the House Financial Services Committee, that will have to be worked out.

In addition, the Bush Administration has already stated publicly that President Bush will veto the bill if it is presented to him in its current form. Should that happen, it will set the stage for a Congressional effort to override the President's veto. Thus far, both the House and Senate versions of the bill have garnered wide bi-partisan support.

Here is how the Senators voted on the measure yesterday:

Alphabetical by Senator Name
Akaka (D-HI), Yea Alexander (R-TN), Yea Allard (R-CO), Not Voting Barrasso (R-WY), Nay Baucus (D-MT), Yea Bayh (D-IN), Yea Bennett (R-UT), Yea Biden (D-DE), Yea Bingaman (D-NM), Yea Bond (R-MO), Nay Boxer (D-CA), Yea Brown (D-OH), Yea Brownback (R-KS), Not Voting Bunning (R-KY), Nay Burr (R-NC), Yea Byrd (D-WV), Yea Cantwell (D-WA), Yea Cardin (D-MD), Yea Carper (D-DE), Yea Casey (D-PA), Yea Chambliss (R-GA), Yea Clinton (D-NY), Not Voting Coburn (R-OK), Not Voting Cochran (R-MS), Yea Coleman (R-MN), Yea Collins (R-ME), Yea Conrad (D-ND), Yea Corker (R-TN), Yea Cornyn (R-TX), Yea Craig (R-ID), Yea Crapo (R-ID), Nay DeMint (R-SC), Nay Dodd (D-CT), Yea Dole (R-NC), Yea Domenici (R-NM), Yea Dorgan (D-ND), Yea Durbin (D-IL), Yea Ensign (R-NV), Nay Enzi (R-WY), Nay Feingold (D-WI), Yea Feinstein (D-CA), Yea Graham (R-SC), Yea Grassley (R-IA), Yea Gregg (R-NH), Yea Hagel (R-NE), Yea Harkin (D-IA), Yea Hatch (R-UT), Yea Hutchison (R-TX), Yea Inhofe (R-OK), Not Voting Inouye (D-HI), Yea Isakson (R-GA), Yea Johnson (D-SD), Yea Kennedy (D-MA), Not Voting Kerry (D-MA), Yea Klobuchar (D-MN), Yea Kohl (D-WI), Yea Kyl (R-AZ), Nay Landrieu (D-LA), Yea Lautenberg (D-NJ), Yea Leahy (D-VT), Yea Levin (D-MI), Yea Lieberman (ID-CT), Yea Lincoln (D-AR), Yea Lugar (R-IN), Yea Martinez (R-FL), Yea McCain (R-AZ), Not Voting McCaskill (D-MO), Yea McConnell (R-KY), Yea Menendez (D-NJ), Yea Mikulski (D-MD), Yea Murkowski (R-AK), Yea Murray (D-WA), Yea Nelson (D-FL), Yea Nelson (D-NE), Yea Obama (D-IL), Not Voting Pryor (D-AR), Yea Reed (D-RI), Yea Reid (D-NV), Yea Roberts (R-KS), Yea Rockefeller (D-WV), Yea Salazar (D-CO), Yea Sanders (I-VT), Yea Schumer (D-NY), Yea Sessions (R-AL), Yea Shelby (R-AL), Yea Smith (R-OR), Yea Snowe (R-ME), Yea Specter (R-PA), Yea Stabenow (D-MI), Yea Stevens (R-AK), Yea Sununu (R-NH), Yea Tester (D-MT), Yea Thune (R-SD), Yea Vitter (R-LA), Nay Voinovich (R-OH), Yea Warner (R-VA), Yea Webb (D-VA), Yea Whitehouse (D-RI), Yea Wicker (R-MS), Yea Wyden (D-OR), Yea

Tuesday, June 17, 2008

Senators Dodd and Shelby Announce Housing Bill

Today, Senator Chris Dodd (CT), chairman of the Senate Banking Committee, and Senator Richard Shelby (AL), the committee's ranking member, announced the completion of bipartisan legislation designed to address the current housing finance crisis in America. The legislation is a very large and comprehensive bill (537 pages) that encompasses a wide range of housing-related topics, including: (a) GSE regulatory reform; (b) creation of a GSE-sponsored affordable housing fund; (c) a permanent increase in the GSE conforming loan limits for certain high-cost areas; (d) modernization of the FHA program; (e) creation of an FHA-sponsored program to mitigate foreclosures; (f) amendments to the Truth in Lending Act disclosure requirements; (g) and a foreclosure counseling program for borrowers in financial trouble.

In a televised interview today, Senator Shelby expressed the hope that the bill would be taken up on the Senate floor either tomorrow or Thursday. At this point, it is not yet known what floor amendments may be proposed by various Senators once debate on the bill begins.


Monday, June 9, 2008

Realtors Take Issue With HUD-proposed RESPA Reform

On Friday, the National Association of Realtors (NAR) issued a report challenging the cost impact analysis used by HUD when formulating its current proposals for RESPA regulatory reform. HUD's proposals, which would reform RESPA's implementing Regulation X, include a revised Good Faith Estimate (GFE) to be given to borrowers at application, and a "closing script" that would be read aloud verbatim at closing by the settlement agent. In its report, NAR contends these reforms would add an estimated $300-$400 to average loan costs charged to the borrower and would render the closing process even more confusing to the average borrower than it already is.

HUD recently extended the comment period for its proposed reforms and several industry trade groups have raised concerns similar to NARs. It is unclear at this point what changes HUD would be willing to make to its reform proposals.

The opinions expressed by the NAR and other industry trade groups do not necessarily reflect the opinions of the author of this board. The author expresses no personal opinion on the current RESPA reform proposals.

http://www.realtor.org/press_room/news_releases/2008/hud_respa_proposal_complicated+_and_costly