CFPB Residential Mortgage Rules

Ability to Repay and Qualified Mortgage Requirements

Click here to view product matrices for each of the potential mortgage types. The matrices have been compiled by IBAT's Regulatory Compliance Manager, Kelly Goulart, to help you prepare for the upcoming January deadlines. Each matrix covers the potential civil liability risk, the mortgage requirements and prohibitions by type, and minimum underwriting criteria.

CFPB Mortgage Compliance Guides

CFPB Mortgage Rule Clarification Series

In order to provide additional clarification on the recently issued CFPB mortgage reforms, IBAT Regulatory Compliance Manager Kelly Goulart is releasing a series of white papers addressing each change contained in the seven major mortgage lending initiatives.  

The seventh and final part of the series, focused on mortgage loan originator compensation, is now online.

Previous documents in the series can be found here:

FAQs on Dodd-Frank Act Mortgage Rules

On February 21, 2013, IBAT General Counsel Karen Neeley presented the webinar above on the CFPB residential mortgage rules.  The webinar was followed by a lively question and answer session.  Ms. Neeley compiled those questions and answers, plus others, into an FAQ on the CFPB’s Residential Mortgage Rules that IBAT is making available to its members. 

CFPB Designates "Rural and Underserved" Counties

On June 1, 2013, the Escrow Rules in Reg. Z go into effect for HPMLs. The rules exempt HPMLs made by small creditors operating in predominately rural or underserved counties.  Rural counties are defined by the USDA Economic Research Service's urban influence codes (UICs), and underserved counties are defined by reference to data collected under HMDA.  The CFPB has published a preliminary list of those counties in three formats: CSV, XLS, or PDF. IBAT's online Texas map of rural and underserved counties has been updated based on the CFPB list.

What’s Wrong with the “Rural Designation?”
According to the Census Bureau’s 2000 Census reporting of the urban and rural population of Texas, CFPB’s exemption captures only 2,037,645 Texans or 53% of Texas’ rural population of 3,647,539.[i]  Although well meaning and broader than the Fed’s 2011 proposal, the methodology does not delineate between rural and urban residents and will have a devastating effect on mortgage lending in rural Texas (and likely much of the U.S.), which the exemption was designed to avoid.

IBAT has prepared a full memo on this issue, outlining IBAT’s concerns with the CFPB’s methodology of using “rural and underserved” to determine escrow requirements for mortgage lenders.

CFPB Mortgage Reform Exemption Analysis

It is certain that the new mortgage lending compliance requirements issued by the CFPB will have a considerable impact upon community banks across Texas. Of the seven major mortgage lending compliance initiatives required under Dodd-Frank, six have been finalized. Three of the four have an exemption either finalized or proposed targeting small, rural lenders. This single page handout is intended to help you understand the practical considerations of the exemption qualifications in general and what specifically is being exempted.

Regulators Offer Help with Mortgage-related Final Rules

The CFPB published a Small Entity Compliance Guide for the Ability-to-Repay and Qualified Mortgage Rule to provide a rule summary in a plain language and FAQ format.  The CFPB also issued a chart comparing Ability-to-Repay with Qualified Mortgages.