Category Archives: News

State House-NYMBA

What’s New in Albany

Senate and Assembly approve State AMC Licensing Bill–Awaiting Governor Cuomo’s signature June 21, 2018:  Both branches of the NYS Legislature approved the long sought after AMC licensing bill, as required by Dodd-Frank.  When approved, all 50 states will be compliant by having passed legislation that establishes guidelines  for  Appraisal Management Companies, a federal mandate effective August 2018.

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New Regulatory Relief Legislation a Reality

May 24, 2018:  President Trump signed S.2155, the Economic Growth, Regulatory Relief and Consumer Protection Act.  The full House passed the bill earlier in the week by a vote of 258-159. This legislation is unchanged from that which passed the Senate in March by a filibuster-proof bipartisan margin of 67-31. This legislation contains a number of MBA-supported provisions, such as: SAFE Act amendments to provide 120 days of transitional authority for MLOs to originate when leaving a depository to join a sponsoring non-bank (or when crossing…

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Senate Approves Montgomery as FHA Commissioner

Finally, the Trump Administration has an FHA Commissioner. By a comfortable 74-23 vote yesterday, the Senate approved Brian Montgomery as Assistant Secretary for Housing and FHA Commissioner, ending a nine-month process that saw his nomination repeatedly held up by Senate rules and a backlog of other Trump Administration nominations. Twenty-five Democrats joined 49 Republicans in approving Montgomery. The Mortgage Bankers Association and other industry trade groups had pushed hard for Montgomery’s approval. Following yesterday’s vote, MBA President and CEO David H. Stevens, CMB, issued a…

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NYMBA Talks to Congress

NYMBA members from across the country came went to Washington last week for the 2018 National Advocacy Conference to meet with elected officials and policymakers on behalf of the real estate finance industry. Nearly 400 industry advocates from more than 40 states attended the MBA National Advocacy Conference last week. The program featured a slate of congressional and administration speakers, including Senate Banking Committee Chairman Mike Crapo, R-Idaho; HUD Deputy Secretary Pamela Patenaude; Sen. Bob Menendez, D-N.J., and House Financial Services Committee members French Hill,…

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Clearer Ruling is Good News, Borrowers / Lenders

The Bureau of Consumer Financial Protection (Bureau) is amending Federal mortgage disclosure requirements under the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) that are implemented in Regulation Z. The amendments relate to when a creditor may compare charges paid by or imposed on the consumer to amounts disclosed on a Closing Disclosure, instead of a Loan Estimate, to determine if an estimated closing cost was disclosed in good faith. The TILA-RESPA Rule requires creditors to provide consumers with good…

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CFPB closes “gap” in TILA-RESPA Rule

The Bureau of Consumer Financial Protection (Bureau) is amending Federal mortgage disclosure requirements under the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) that are implemented in Regulation Z. The amendments relate to when a creditor may compare charges paid by or imposed on the consumer to amounts disclosed on a Closing Disclosure, instead of a Loan Estimate, to determine if an estimated closing cost was disclosed in good faith. The TILA-RESPA Rule requires creditors to provide consumers with good…

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MBA Submits Comment Letter on CFPB RFI on Civil Investigative Demands

On Apr. 26, MBA submitted comments on the Consumer Financial Protection Bureau’s Request for Information on Civil Investigative Demands. MBA’s comments communicated many of the industry’s concerns with the CID process. In addition to offering comments related to the CID process, MBA reiterated its support for a broad reexamination of Bureau practices as detailed in MBA’s CFPB 2.0: Advancing Consumer Protection white paper. CIDs are used by the Bureau to request information that may be relevant to a potential violation of consumer financial protection law.…

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NYSDFS PROPOSED RULE COULD DAMAGE NEW YORK’S HOUSING MARKET

On November 20, 2017, the New York Mortgage Bankers Association and the Mortgage Bankers Association (MBA) submitted joint comments to the New York State Department of Financial Services regarding a Department’s proposed rule, giving them broad enforcement authority over credit reporting agencies. The rule gives the Department the ability to refuse to renew, suspend or revoke the registration of a credit reporting agency, including any of the three nationwide credit reporting agencies. Should the Department take one of these actions against a nationwide CRA, borrowers in New York State would…

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CFPB ISSUES TRID AMENDMENTS FINAL RULE

On July 7, 2017, the CFPB published “Updates to [the] ‘Know Before You Owe’ Mortgage Disclosure Rule,” to provide more clarity and greater certainty, as well as include technical corrections and amendments. The 560 page document includes: Changes to the assistance loan exemption Expansion of the KBYO/TRID rule for loans on cooperatives Total of Payments calculations and related tolerances The use of informational Loan Estimates Clarifications regarding the Written List of Providers Greater clarity for sharing information among settlement service providers Changes regarding Construction Loans…

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NY FIRST HOME BILL PASSES

The NY First Home bill A5616/S4058 passed both the New York State Assembly and Senate before the end of the 2017 legislative session.  The legislation would allow individuals to deposit up to $5,000 per year ($10,000 for couples)  of after-tax dollars into a tax-free savings account, to pay for the down payment and closing costs,  in the case of a first-time homebuyer.  In addition, the principal amount would be treated as a state income tax deduction.  To view the legislation, click HERE.

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