ICBA Encouraged by CFPB “Certified Mortgage” Rule

Washington, D.C. (PRWEB) January ten, 2013

The Independent Community Bankers of America (ICBA) right now stated it is encouraged that the Customer Economic Protection Bureaus (CFPB) final rule on shoppers capability to repay mortgage loans contains ICBA-advocated accommodations for neighborhood banks. Provisions structuring the qualified mortgage regular as a legal secure harbor and treating specific balloon-payment loans as certified mortgages will help Main Street lenders continue providing mortgage credit to meet the demands of their clients and communities.

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ICBA and the nations community bankers have been powerful advocates for tailored guidelines that will address the dilemma actors in the mortgage business although not inhibiting neighborhood banks potential to give mortgages to their clients, ICBA President and CEO Camden R. Fine said. Excessively rigid guidelines would threaten to force neighborhood banks out of the mortgage market place, producing it tougher for Major Street customers to get a home loan and slowing the nations housing recovery. ICBA appreciates CFPBs recognition of neighborhood banks as common-sense, partnership lenders that support their communities thrive.

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The CFPBs final rule, which requires effect Jan. ten, 2014, implements laws requiring mortgage lenders to take into account consumers capacity to repay house loans prior to extending them credit. Included in the rule is a definition of qualified mortgage loans, which are entitled to a presumption that the creditor generating the loan happy the capacity-to-repay needs.

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Among its provisions, the rule supplies a secure harbor for loans that satisfy the definition of a qualified mortgage and are not deemed to be higher-priced loans, which will support stay away from unnecessary litigation. Further, the rule treats balloon-payment loans as qualified mortgages if they are originated and held in portfolio by small creditors operating predominantly in rural or underserved places.

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Importantly, the CFPB is also looking for comment on modifications to the final rule that would extend the protected harbor, qualified mortgage designation to extra loans originated and held in portfolio by community banks with significantly less than $ 2 billion in assets.

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ICBA has led the way on these issues, repeatedly encouraging the CFPB to structure the certified mortgage common as a legal protected harbor with clear, effectively-defined standards. ICBA also has worked with the CFPB to consist of community bank mortgage loans held in portfolio below the certified mortgage definition.

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The association looks forward to continuing to function with the CFPB to make sure community banker issues with this and other rulemakings are totally addressed.

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About ICBA&#13

The Independent Community Bankers of America

Plight Of Homeowners Facing Foreclosure Gains New CFPB Protections


Minneapolis, Minnesota (PRWEB) January 18, 2013

The Consumer Finance Protections Bureau (CFPB is establishing stronger foreclosure protections for homeowners due to the realities that the mortgage servicing industry has “seasoned difficulties with poor practices and sloppy recordkeeping. As millions of borrowers fell behind on their loans”. With a heavier operate load as foreclosure filings increased, many servicers have been unable to offer adequate services required to meet accountable property owners requirements.

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“As the housing industry begins 2013 it is saturated with millions of distressed home owners and homeowners continuing to experience severe problems gaining a timely response after requesting a house loan modification or other options to steer clear of foreclosure,” says Jenna Thuening, owner of Property Destination.

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“A lot of (mortgage servicers) merely had not produced the investments in sources and infrastructure to service big numbers of delinquent loans, Shoppers complained about getting the runaround and becoming hit with pricey surprises,” states the Bureau.

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The CFPBs mortgage servicing rules make certain that fraught property loan borrowers get a fair method to steer clear of foreclosure. Struggling home owners looking for mortgage debt relief shouldnt have to worry about mortgage servicers cutting corners or losing applications for relief. They should be told about their alternatives and offered time to apply and be deemed for loan modifications and other options. Most of all, they shouldnt be surprised by the start off of a foreclosure proceeding until they have had time to explore all accessible foreclosure alternatives help. Responsible property owners who take action promptly to seek foreclosure alternatives, need to not face a looming foreclosure sale before their applications have been pretty evaluated.

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The CFPB is amending Regulation X, which implements the Actual Estate Settlement Procedures Act of 1974, and implementing a commentary that sets forth an official interpretation to the regulation. The CFPB is also amending Regulation Z, which implements the Truth in Lending Act and the official interpretation to the regulation, which interprets the needs of Regulation Z. These final guidelines implement provisions of the Dodd-Frank Act concerning mortgage loan servicing.

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Property Location Sees The Best New Protections For Struggling House Borrowers As:

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1) Notification of Foreclosure Options: Servicers must let homeowners that borrow a house loan know about their loss mitigation options to retain their home following borrowers have missed two consecutive payments. They need to supply them a written notice that contains examples of options that may possibly be obtainable to them as alternatives to foreclosure and instructions for how to receive much more information.

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two) Restricted Dual-Tracking: Under the CFPBs new guidelines, dual-tracking, which is when the servicer moves forward with foreclosure whilst simultaneously working with the borrower to keep away from foreclosure, is restricted.

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3) Direct and Ongoing Access to Servicing Personnel: Servicers should have policies and procedures in place to offer delinquent borrowers with direct, simple, ongoing access to staff accountable for helping them.

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four) Fair Assessment Procedure: The servicer have to contemplate all foreclosure options accessible from the mortgage owners or investors these who hold the choice-creating energy over the homeowner’s loan to help the struggling homeowner retain the property loan and stay in their property.

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five) Foreclosure Sales Not Allowed Before All Other Alternatives Are Regarded: Servicers have to consider and respond to a home owners loan modification application if it arrives at least 37 days ahead of a scheduled foreclosure sale. If the servicer gives an option to foreclosure, they must give the borrower time to accept the supply prior to moving for foreclosure judgment or conducting a foreclosure sale.

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six) Borrower Recourse: Servicers have to explain why they have rejected a delinquent home owners application for a loan modification if the application is received a lot more than 37 days ahead of a foreclosure sale.

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“Mortgage servicers who select to be indifferent to the plight of customers will now be subject to these mandatory guidelines,” stated Richard Cordray, director of the Consumer Financial Protection Bureau. With a strong housing recovery effectively in progress and worthy of nourishing along, drawing along side struggling property owners and generating sure care is offered to preserve property owners in their residences is clearly a leading priority. Mortgage servicers must function to offer foreclosure support and solutions.

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It’s unclear no matter whether the new rules will make getting a home loan a lot more or less offered in general. “Some business critics say that by imposing stricter standards for who can get a mortgage, the rules will place a crimp in lending. On the other hand, other individuals say that finally having the rules in place eliminates uncertainty for lenders, while new liability protections will enable them to lend with self-confidence,” says NASDAQ’s webpage.

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Home owners getting forced into the Minnesota foreclosure timeline, don’t stroll away from your mortgage. Get in touch with Property Location at 612-396-7832 and gain the guidance of a skilled Certified Distressed Property Professional.

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