In a significant step toward protecting low-income borrowers from predatory lending practices, the Consumer Financial Protection Bureau (CFPB) has issued an advisory opinion and a research report addressing the increasing use of contract-for-deed agreements. This type of home financing, often used by investment groups and sellers, has been found to set up borrowers for failure by trapping them in unsustainable financial arrangements.

What Are Contract-for-Deed Agreements?

Contract-for-deed, also known as land contracts or installment land contracts, is a form of seller financing. In these agreements, the seller retains ownership of the home until the buyer has completed all payments. However, unlike traditional home loans, these contracts often lack proper oversight and consumer protections. Buyers are responsible for property taxes, repairs, and maintenance, but without the benefits of traditional mortgage safeguards such as inspections or reasonable loan terms.

The CFPB’s advisory opinion affirms that federal lending laws, including the Truth in Lending Act (TILA), apply to contract-for-deed agreements. The report highlights how sellers, often investment groups, have used these contracts to target vulnerable populations, including low-income, Black, Hispanic, immigrant, and religious communities, with loan terms designed to benefit the sellers at the borrowers’ expense.

The Predatory Nature of Contract-for-Deed Financing

Many sellers offering contract-for-deed financing inflate the prices of homes, add high interest rates, and include balloon payments, making it almost impossible for buyers to obtain the legal title to the property. Because these agreements often bypass traditional mortgage regulations, borrowers may be left in homes with significant defects or face foreclosure for even a single missed payment. In some cases, sellers use these predatory tactics to cycle through multiple buyers, reselling the same home to new families after each default.

This practice has been particularly prevalent in the Twin Cities’ Somali Muslim community, where contracts for deed are marketed as a way to adhere to religious principles that forbid interest. However, many of these contracts still include hidden interest rates or financial traps disguised in other forms. CFPB Director Rohit Chopra noted that these predatory practices turn the dream of homeownership into a financial nightmare for families who are trying to improve

The Consumer Financial Protection Bureau (CFPB) has taken action against mortgage lender NewDay USA, ordering it to pay $2.25 million for deceiving military families and veterans. The lender was found guilty of using misleading tactics to make its cash-out refinance loans appear more affordable than they actually were, leading to serious financial consequences for borrowers.

NewDay USA’s Misleading Comparisons

NewDay USA, which operates as a non-bank mortgage lender specializing in VA-backed loans, gave borrowers inaccurate cost comparisons between their current loans and NewDay’s refinancing options. Specifically, the company compared the principal and interest payments on its new loans with the full mortgage payments—including taxes and insurance—of existing loans. This made NewDay’s loans appear cheaper, when, in reality, they were often more expensive.

Since 2015, NewDay USA has targeted military families and veterans with cash-out refinance loans, which allow borrowers to replace their existing mortgages with larger loans. The lender’s use of patriotic imagery and trust-building marketing tactics made it appear as a veteran-friendly business, but its deceptive practices tell a different story.

Loan Churning: A Larger Problem

The CFPB’s action against NewDay USA highlights a broader issue in the mortgage industry known as loan “churning.” This practice involves repeatedly encouraging borrowers, particularly veterans, to refinance their VA home loans unnecessarily. Lenders profit from fees and by selling these loans on the secondary market, while borrowers often end up with worse financial terms and higher costs.

NewDay USA is no stranger to scrutiny over its refinancing practices. Ginnie Mae, the government agency that guarantees VA home loans, has previously restricted NewDay’s ability to sell refinanced loans to investors due to concerns over aggressive loan churning. This practice has become a focus for both Ginnie Mae and the Department of Veterans Affairs (VA), both of which are working to protect veterans from being caught in cycles of expensive refinancing.

CFPB’s Enforcement Action

In addition to the $2.25 million fine, the CFPB’s order requires NewDay USA to stop misrepresenting the costs of its loans. The company can no longer use misleading side-by-side comparisons in its marketing materials and must provide clear, accurate information about the true costs of its mortgage products.

This action follows a previous CFPB fine in 2015 when NewDay USA was found guilty of paying illegal kickbacks and deceiving borrowers about endorsements from veterans’ organizations.

Conclusion

The CFPB’s enforcement against NewDay USA sends a clear message that deceptive lending practices targeting veterans will not be tolerated. The $2.25 million fine and corrective measures aim to protect military families from being misled by unfair mortgage practices. As loan churning continues to be a concern, veterans are encouraged to use resources like the CFPB to report misconduct and safeguard their financial futures.

In a significant update to mortgage loan credit reporting, the Federal Housing Finance Agency (FHFA) has announced the implementation of new credit score requirements for loans acquired by Fannie Mae and Freddie Mac. This change involves transitioning from the Classic FICO model to the more inclusive VantageScore 4.0, alongside an updated “bi-merge” credit reporting model, expected to take effect in the fourth quarter of 2025.

Key Changes and Implications:

a) VantageScore 4.0 Adoption: The new VantageScore 4.0 model is designed to include a broader spectrum of borrowers, potentially adding an estimated 33 million individuals to the creditworthy pool. This model is particularly inclusive of underserved communities, offering a more comprehensive assessment of creditworthiness than previous models.

b) Bi-Merge Credit Reporting: The FHFA will replace the tri-merge credit reporting system, which uses data from three major credit bureaus, with a bi-merge system. This transition aims to streamline the process and reduce costs associated with credit reporting. However, it has raised concerns among industry stakeholders, including the Mortgage Bankers Association and the American Bankers Association, regarding its sufficiency in capturing a full credit profile.

c) Historic Data Publication: To facilitate the transition, the FHFA and the Enterprises have accelerated the release of VantageScore 4.0 historical data. Initially scheduled for early 2025, this data is now available to aid market participants in adjusting their systems and models. This early release aims to support a smooth transition by providing comprehensive historical data for analysis.

d) Stakeholder Concerns and Legislative Response: Despite these advancements, there is ongoing debate within the industry. Critics argue that the data may not fully represent credit behaviors across different economic cycles, potentially impacting the accuracy of credit risk assessments. In response, legislation has been introduced to potentially codify the tri-merge reporting model into law, reflecting the industry’s cautious approach to these sweeping changes.

These updates mark a pivotal shift in how mortgage creditworthiness is assessed, with the goal of enhancing inclusivity and accuracy. However, they also underscore the complexities and challenges associated with reforming long-standing credit evaluation systems.

For more detailed information, please refer to the original announcements and discussions from the FHFA and ICBA.

The recent finalization of the Reconsideration of Value (ROV) guidance by key federal agencies marks a significant step in enhancing transparency and fairness in property valuation processes. This guidance, spearheaded by the Federal Financial Institutions Examination Council (FFIEC) and supported by agencies like the CFPB, FDIC, Federal Reserve Board, OCC, and NCUA, aims to standardize and clarify procedures for handling ROV requests. These requests typically arise when a consumer disputes the appraisal value assigned to a property, which can impact mortgage approvals and loan terms.

The finalized guidance emphasizes the need for financial institutions to establish clear, accessible, and consumer-friendly processes for ROVs. It outlines the necessity for lenders and appraisers to respond promptly and adequately to these requests, ensuring that consumers have a fair opportunity to present their case. The guidance also encourages institutions to provide adequate training for staff involved in handling ROVs to minimize the risk of bias and ensure consistent application of policies.

Moreover, the new rules address the increasing role of automated valuation models (AVMs) and the need for quality control in their use. The CFPB has been particularly vocal about the potential for bias in AI-driven valuation models, stressing that compliance with existing consumer protection laws is essential, regardless of the technology used. This focus on AVMs is part of a broader effort to curb discriminatory practices in the appraisal process and ensure that all consumers receive equitable treatment.

The introduction of this guidance follows a period of public consultation, during which stakeholders expressed concerns about the consistency and fairness of current ROV practices. The finalized document reflects these inputs, aiming to balance the interests of consumers and the operational realities of financial institutions.

Overall, the new ROV guidance represents a comprehensive approach to addressing valuation disputes and promoting fair lending practices. It provides a framework for institutions to follow, helping to prevent potential discrimination and improve the overall transparency of the mortgage process.

For more detailed information, you can read the full article on Consumer Finance Monitor​ (Consumer Finance Monitor)​​ (Consumer Finance Monitor)​​ (Consumer Finance Monitor)​.

The U.S. Department of Housing and Urban Development (HUD) recently charged Rocket Mortgage, along with appraiser Maksym Mykhailyna, Maverick Appraisal Group, and appraisal management company Solidifi U.S. Inc., with racial discrimination. The allegations center around an appraisal conducted for a Black homeowner in Denver, where the property’s value was significantly undervalued compared to prior assessments. This alleged undervaluation occurred despite the homeowner making improvements to the property and the rising market prices in the area​ (The Mortgage Note)​​ (JD Supra)​.

The appraisal in question valued the homeowner’s duplex at $640,000, a stark contrast to the $750,000 and $860,000 valuations in 2018 and 2020, respectively. The homeowner reported concerns of racial bias, as the appraiser allegedly used inappropriate comparables from different neighborhoods, which may have contributed to the lower valuation. Despite these concerns, Rocket Mortgage proceeded with the appraisal and denied the homeowner’s loan application based on the lower valuation, without offering a reassessment or alternative solutions​ (The Mortgage Note)​.

Rocket Mortgage responded to HUD’s charges, emphasizing that federal law requires mortgage lenders to operate independently from the appraisal process. They argued that their involvement was limited and that the charges were an attempt by HUD to gain media attention. The case, currently pending, may be heard before an Administrative Law Judge or in federal district court if requested by any of the accused parties​ (JD Supra)​.

This case underscores the critical importance of vigilance against appraisal bias in the mortgage lending process. Lenders must ensure fair treatment for all applicants and maintain rigorous oversight of third-party appraisals to avoid discriminatory practices that can impact homeownership opportunities, particularly for minority communities. The outcome of this case could set a precedent for future handling of similar allegations and reinforce the enforcement of the Fair Housing Act​ (The Mortgage Note)​. For more details, you can read the full articles on The Mortgage Note and JD Supra.

As mortgage interest rates continue to decline, the mortgage industry stands at a pivotal moment. This downward trend in rates is not just a fleeting occurrence; it is a catalyst for significant growth and opportunity for businesses in our sector.

For lenders and brokers, lower rates mean more than just a busy season; they signal a time to innovate and capture a broader audience. Homebuyers, enticed by more affordable borrowing costs, are increasingly entering the market, while existing homeowners are eager to refinance at these lower rates. This surge in demand opens doors for offering a diverse array of mortgage products tailored to varying borrower needs.

But the opportunities don’t end there. The current rate environment encourages competition, pushing businesses to refine their processes and elevate customer service standards. It’s an ideal time for mortgage banks and financial institutions to differentiate themselves through superior service and efficient, tech-driven solutions. The companies that excel in these areas are likely to not only attract but also retain clients long after the rate environment shifts.

In addition, falling interest rates offer a unique chance for strategic growth and market expansion. By leveraging this period, businesses can strengthen their market presence and build a loyal customer base, positioning themselves as leaders in the industry.

As we move forward, staying informed and agile will be crucial. The companies that embrace this changing landscape and seize the opportunities presented by lower mortgage rates will thrive. This is not just a time to capitalize on market conditions but a moment to innovate and lead.

Stay ahead of the curve and make the most of this golden opportunity.

On June 20, 2024, the Consumer Financial Protection Bureau (CFPB) and a consortium of federal regulators introduced a long-awaited rule governing the use of automated valuation models (AVMs) in mortgage origination and secondary market transactions. This landmark regulation, mandated by Section 1473 of the Dodd-Frank Act, aims to establish rigorous quality control standards for AVMs to ensure accurate and unbiased property valuations.

Background and Regulatory Framework

The Dodd-Frank Act, enacted over 13 years ago, mandated the development of rules to govern the use of AVMs in mortgage lending. The new rule, slated to take effect approximately 12 months after publication in the Federal Register, aligns with Section 1473(q) of Dodd-Frank and amends the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) to formalize quality control standards for AVM usage.

Scope and Application of the Rule

Automated valuation models are defined under the rule as computerized models utilized by mortgage originators and secondary market issuers to assess the value of residential properties securing mortgages. These models are crucial in making credit decisions, determining mortgage values for securitization, and adjusting loan terms such as refinancing or home equity lines of credit.

Key Requirements and Standards

The rule mandates that institutions using AVMs must:

a) Implement policies, procedures, and control systems to uphold AVM quality control standards.

b) Ensure AVMs produce reliable valuation estimates with a high level of confidence.

c) Safeguard against data manipulation and conflicts of interest.

d) Conduct random sample testing and reviews to validate AVM accuracy.

e) Comply with federal nondiscrimination laws to mitigate potential biases in property valuations.

Enhanced Regulatory Measures

In addition to the Dodd-Frank mandates, the rule incorporates an explicit requirement for AVM quality control standards to adhere to applicable nondiscrimination laws. This provision addresses concerns about biases in property valuations, aligning with broader federal efforts, including the Biden administration’s PAVE initiative focused on reducing appraisal bias.

Exclusions and Compliance

Certified or licensed appraisers using AVMs in appraisal development are exempt from the rule, as their valuations must independently comply with professional appraisal standards. Likewise, reviews of completed appraisals using AVMs are outside the rule’s scope, emphasizing the distinction between initial valuations and post-issuance monitoring.

Implementation and Preparation

For regulated entities, including mortgage originators and secondary market issuers, preparing for compliance involves:

a) Developing tailored policies and procedures to ensure AVMs meet quality control standards.

b) Collaborating with AVM developers and vendors to align practices with regulatory requirements.

c) Anticipating the emergence of third-party AVM testing entities to support compliance efforts.

d) Initiating vendor management oversight to ensure ongoing adherence to regulatory standards.

Conclusion

The adoption of the new AVM rule by the CFPB and federal agencies represents a significant step toward enhancing transparency and reliability in property valuations within the mortgage industry. By establishing robust quality control measures, the rule aims to protect consumers, mitigate valuation biases, and promote confidence in mortgage lending practices. Stakeholders should begin preparations now to meet compliance obligations ahead of the rule’s anticipated effective date, ensuring a seamless transition to the new regulatory framework.

Stay informed about further developments and insights into how these regulatory changes will impact the mortgage industry and appraisal practices as implementation progresses.

In a move aimed at enhancing transparency and reliability in the home appraisal process, the Consumer Financial Protection Bureau (CFPB) has approved a new rule addressing the use of artificial intelligence and complex algorithms in property valuations. This regulation comes at a critical time when technological advancements are increasingly shaping how properties are assessed in the real estate and mortgage industries.

The Importance of Home Appraisals

Whether buying, selling, or refinancing a home, accurate appraisals play a crucial role in determining the property’s market value. Mortgage lenders rely on these assessments to gauge the maximum amount they are willing to lend, making the appraisal process a pivotal step in real estate transactions.

Rise of Algorithmic Appraisal Models

Over the years, computer models utilizing algorithms have become prevalent in estimating property values. These models, sometimes perceived as forms of artificial intelligence, analyze various data points to generate valuation estimates. Many consumers also monitor their home values through popular real estate websites powered by these algorithms.

Challenges and Concerns

While algorithmic models can provide valuable insights, concerns persist regarding their reliability and potential biases. Despite attempts to eliminate bias from these models, complete eradication remains elusive. Biases can inadvertently influence appraisal outcomes, impacting lending decisions and perpetuating disparities in housing markets.

Overview of the CFPB’s New Rule

The recently approved CFPB rule mandates that entities employing algorithmic appraisal tools implement safeguards to:

a) Prevent data manipulation

b) Ensure high confidence levels in valuation estimates

c) Avoid conflicts of interest

d) Adhere to applicable nondiscrimination laws

Objectives and Impact

By enforcing these standards, the CFPB aims to uphold fairness, nondiscrimination, and transparency in the appraisal process. The rule underscores the agency’s commitment to empowering consumers to contest inaccurate appraisals and equipping states with tools to combat discriminatory practices in property valuations.

Collaborative Regulatory Efforts

The development of this rule involved collaboration among several regulatory bodies, including the Federal Reserve Board of Governors, the Office of the Comptroller of the Currency, the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, and the National Credit Union Administration. This collective effort ensures a comprehensive approach to regulating algorithmic appraisal tools, promoting consistency and accountability across the mortgage and real estate sectors.

Implementation Timeline

Upon receiving final agency approval, the rule is set to take effect approximately one year later. This timeline allows affected entities adequate time to adjust their practices and systems in accordance with the new regulatory requirements.

Looking Ahead

As the implementation date approaches, stakeholders in the mortgage and real estate industries should prepare to comply with the new rule’s provisions. Adhering to the prescribed safeguards and standards will not only foster trust among consumers but also contribute to a more equitable and efficient appraisal process nationwide.

Conclusion

The CFPB’s approval of the new rule marks a significant milestone in ensuring accuracy and fairness in home appraisals conducted through algorithmic models. By addressing concerns related to data integrity, bias mitigation, and regulatory compliance, the rule sets a benchmark for industry standards and consumer protection in property valuation practices.

Stay informed about further developments and insights into how this rule will impact the mortgage and real estate landscape as it unfolds over the coming months and years.

Source: https://themortgagepoint.com/2024/06/26/cfpb-approves-new-rule-to-ensure-accuracy-in-home-appraisals/

The Consumer Financial Protection Bureau (CFPB) recently announced significant enforcement action against Freedom Mortgage Corporation for violations related to a previous consent order and inaccuracies in reporting mortgage loan data. This action underscores the importance of regulatory compliance in the mortgage lending industry and serves as a reminder of the consequences for non-compliance.

Background

In 2016, Freedom Mortgage was ordered to pay $1.75 million in redress and adhere to specific compliance measures as part of a consent order with the CFPB. The order aimed to address previous violations and ensure proper compliance with federal consumer financial laws.

Violations and Findings

The CFPB found that Freedom Mortgage failed to fully implement the compliance measures outlined in the 2016 consent order. Specifically, the company was cited for inaccuracies in its reporting of Home Mortgage Disclosure Act (HMDA) data for the years 2017 and 2018. The HMDA requires lenders to collect and report information on mortgage lending practices, including data on applicant demographics.

Enforcement Action

As a result of these violations, the CFPB imposed a civil money penalty of $1.75 million on Freedom Mortgage. In addition to the financial penalty, the company is required to correct the inaccuracies in its HMDA data and enhance its compliance management system to prevent future violations.

Implications for Mortgage Lenders

The enforcement action against Freedom Mortgage highlights the CFPB’s commitment to enforcing compliance with consumer financial protection laws. Mortgage lenders are reminded of the importance of accurate reporting under the HMDA and the consequences of failing to maintain effective compliance management systems.

Freedom Mortgage’s Response

In response to the CFPB’s action, Freedom Mortgage has pledged to cooperate fully with the bureau and implement the necessary corrective measures. The company aims to improve its compliance management systems and ensure the accuracy of its data reporting moving forward.

Conclusion

The CFPB’s enforcement action against Freedom Mortgage Corporation serves as a clear message to the mortgage lending industry about the importance of regulatory compliance and accurate data reporting. By holding Freedom Mortgage accountable for its violations and requiring corrective actions, the CFPB aims to protect consumers and maintain transparency in the mortgage lending market.

For mortgage lenders and financial institutions, staying abreast of regulatory requirements and maintaining robust compliance measures is crucial to avoid penalties and uphold consumer trust. The actions taken by the CFPB underscore the need for diligence and adherence to federal consumer financial protection laws.

Stay tuned for further developments and insights into regulatory compliance in the mortgage industry as the CFPB continues to monitor and enforce standards that safeguard consumers and promote fair lending practices.

Source: https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-repeat-offender-freedom-mortgage-corporation-for-violating-law-enforcement-order-and-for-housing-data-errors/

In recent moves, the Consumer Financial Protection Bureau (CFPB) has taken significant steps to address the complexity and high costs associated with mortgage loan pricing structures. This initiative is designed to make the mortgage process more transparent and affordable for consumers, ensuring that they are not overburdened by excessive fees and unclear pricing strategies. Here’s a detailed look at what you need to know about these complicated mortgage loan pricing structures.

Understanding Mortgage Loan Pricing

Mortgage loan pricing encompasses various elements, including interest rates, closing costs, and fees. These components collectively determine the overall cost of the mortgage for the borrower. Traditionally, mortgage lenders have structured these costs in ways that can be confusing and opaque for consumers, leading to unexpected financial burdens.

Interest Rates and Points

Interest rates are a key component of mortgage loan pricing. They represent the cost of borrowing money from a lender, expressed as a percentage of the loan amount. Borrowers often have the option to pay discount points, which are upfront fees that lower the interest rate over the life of the loan. While paying points can save money in the long run, it adds to the initial costs, making it crucial for borrowers to understand the trade-offs.

Closing Costs

Closing costs are fees associated with finalizing the mortgage. These can include appraisal fees, title insurance, and attorney fees, among others. Closing costs can vary significantly between lenders and can add thousands of dollars to the mortgage’s total cost. The CFPB’s focus on high closing costs aims to bring more clarity and fairness to these charges.

The CFPB’s Role in Simplifying Mortgage Pricing

The CFPB has launched several initiatives to address the challenges posed by complex mortgage loan pricing. These efforts are aimed at making the costs more transparent and manageable for consumers.

Enhanced Disclosure Requirements

One of the CFPB’s primary strategies has been to enhance disclosure requirements. Lenders are now required to provide more detailed and clear information about the various costs associated with a mortgage. This includes breaking down the interest rate, points, and all closing costs in a way that is easily understandable for borrowers. The Loan Estimate and Closing Disclosure forms, introduced by the CFPB, are designed to help consumers better understand and compare loan offers.

Crackdown on Excessive Fees

The CFPB is also cracking down on excessive and hidden fees. By scrutinizing the fees that lenders can charge, the CFPB aims to prevent lenders from adding unnecessary costs that do not reflect the actual expenses incurred. This ensures that borrowers are not paying more than they should for their mortgages.

Promoting Fair Lending Practices

Another critical aspect of the CFPB’s approach is promoting fair lending practices. This includes monitoring and enforcing compliance with regulations that prohibit discriminatory practices in mortgage lending. By ensuring that all consumers have access to fair and transparent loan pricing, the CFPB aims to create a more equitable mortgage market.

Implications for Mortgage Lenders

The CFPB’s initiatives have significant implications for mortgage lenders. Lenders must adapt to the new requirements by ensuring that their pricing structures are transparent and fair. This may involve revising their fee structures, improving their disclosure practices, and enhancing their compliance programs to avoid penalties.

Transparency and Consumer Trust

For mortgage lenders, transparency is now more crucial than ever. Clear and honest communication about costs can help build trust with consumers, which is essential in a competitive market. Lenders that prioritize transparency and fairness are likely to attract more customers and build stronger relationships with them.

Compliance and Accountability

Mortgage lenders must also focus on compliance and accountability. The CFPB’s enhanced scrutiny means that lenders must ensure that their practices comply with all relevant regulations. This includes regular audits and reviews of their pricing structures and fee disclosures. Lenders that fail to comply may face significant penalties and reputational damage.

Conclusion

The CFPB’s efforts to simplify mortgage loan pricing structures are a significant step towards creating a more transparent and fair mortgage market. For consumers, these changes mean greater clarity and potentially lower costs when securing a mortgage. For mortgage lenders, it presents an opportunity to build trust and enhance their competitive edge by adopting transparent and fair pricing practices. As these initiatives continue to unfold, it will be crucial for all stakeholders to stay informed and engaged in promoting a fair and accessible mortgage market.

Source:https://www.forbes.com/advisor/mortgages/cfpb-targets-high-closing-costs-and-fees/