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Fed releases study on racial bias in mortgage lending
Recently, the Federal Reserve Board published a study titled How Much Does Racial Bias Affect Mortgage Lending? Evidence from Human and Algorithmic Credit Decisions. Using confidential supervisory data collected under HMDA to estimate the extent of racial and ethnic discrimination in mortgage lending, the study found that racial bias has played “a limited role” in recent years in generating disparities seen in mortgage lending denials. The researchers acknowledged that as a self-reporting mechanism, HDMA reports may not reflect reality, “as a lender engaged in illegal discrimination would be unlikely to explicitly admit this.” The study also analyzed denial rates among fintech lenders, finding that by automating more of the application process, fintech firms have the potential to decrease racial discrimination. The study also found that excess denials are higher at fintech lenders, which is “the opposite result we would expect if excess denials reflect racially biased human judgment.” Additionally, the study found that group differences in risk characteristics drive most of the disparities in credit access. The study showed that Black and Hispanic applicants tend to be more leveraged and have much lower credit scores. Both groups of applicants are “less likely to receive algorithmic approval recommendations from government automated underwriting systems (AUS) than white applicants,” the study found. The study also noted caveats, such as that the researchers “only study discrimination in approval decisions conditional on formally applying.”
FHA seeks comment on LIBOR transition
On October 19, FHA published a proposed rule in the Federal Register seeking public comment on transitioning existing FHA-insured forward and home equity conversion mortgage (HECM) adjustable rate mortgages (ARMs) from LIBOR to a spread-adjusted Secured Overnight Financing Rate (SOFR) index, after the one-year and one-month LIBOR indices cease to be published on June 30, 2023. The proposed rule also mentioned removing LIBOR and adding SOFR as an approved index for newly originated forward ARMs. According to the proposed rule, this change was made for HECM ARMs in Mortgagee Letter 2021- 08 and added to this proposed rule. As previously covered by InfoBytes, in March 2021, FHA issued ML 2021-08 announcing changes for adjustable interest rate HECMs as the market transitions away from LIBOR. Comments are due by November 18.
New Jersey reaches $495 million RMBS settlement with Swiss bank
On October 17, the New Jersey attorney general’s office announced it had reached a $495 million agreement in principle with a Swiss bank to resolve allegations related to its residential mortgage-backed securities (RMBS) practices leading up to the 2008 financial crisis. The AG stated that if finalized, the settlement will be one of the state’s largest civil monetary recoveries in history. According to the AG, the bank violated New Jersey’s securities laws by making material misrepresentations about the risks of the RMBS in offering documents, including by purportedly failing to disclose to investors material defects about the underlying mortgages. The announcement further stated that the bank allegedly sold the RMBS through registration statements, prospectuses, and other offering materials that contained fraudulent representations about the quality of the underlying loans, and allegedly “failed to disclose to investors the wholesale abandonment of underwriting guidelines designed to ensure that the mortgage loans underlying its securities trusts were made in accordance with appropriate lending guidelines; that numerous loan originators had poor track records of defaults and delinquencies; and that some loan originators had even been suspended from doing business with [the bank].” While neither admitting nor denying the allegations, the bank agreed to pay a $100 million civil monetary penalty and will provide approximately $300 million in restitution for affected investors. The bank is also permanently enjoined from future violations of state securities laws.
Freddie to consider bank account data in automated underwriting
On October 17, Freddie Mac announced that beginning November 6, borrowers’ bank account data will be included as part of its loan purchase eligibility assessments. This “industry-first capability” will be made available to lenders and brokers through Freddie’s automated Loan Product Advisor (LPA) underwriting system. “With the addition of positive monthly cash flow data, our underwriting system can help with more accurately predicting a borrower’s ability to pay their mortgage because it uses a comprehensive view of how personal finances are managed over time,” Freddie said in its announcement. “Our latest innovation levels the playing field and helps make homes more accessible to borrowers whose lenders might not have qualified them with traditional methods of underwriting. This should particularly help first-time homebuyers and underserved communities.”
Lenders and brokers must obtain borrowers’ permission in order to submit financial data showing 12 or more months of cash flow activity. Data may be obtained from checking, savings, and investment accounts, including those used for direct deposit of income and monthly bill payments, such as rent, utilities, and auto loans, Freddie said, stressing that “account data submitted can only positively affect the borrower’s credit risk assessment.” Lenders and brokers will also be able to obtain financial account data from designated third-party service providers through LPA’s asset and income modeler—the same automated process used to verify assets, income, employment, and on-time rent payments, Freddie explained. Additionally, LPA will advise lenders when a borrower may benefit from the submission of additional account data.
The announcement follows Freddie’s decision to start considering on-time rent payments as part of its loan purchase decisions to increase homeownership opportunities for first-time homebuyers. (Covered by InfoBytes here.)
VA seeks comments on loss-mitigation options for guaranteed loans
On October 17, the Department of Veterans Affairs published a proposed rule in the Federal Register related to the Department’s Loan Guaranty Service. The proposed rule requests public comments regarding the expansion of the VA’s incentivized loss mitigation options that are available to servicers assisting veterans whose VA-guaranteed loans are in default. Specifically, the VA encourages comments regarding “any other topic that will help VA as it explores whether to expand the incentivized loss-mitigation options outlined in VA regulation.” Comments are due by January 17.
Agencies finalize 2023 HPML exemption threshold
On October 13, the CFPB, OCC, and Federal Reserve Board published finalized amendments to the official interpretations for regulations implementing Section 129H of TILA, which establishes special appraisal requirements for “higher-risk mortgages,” otherwise termed as “higher-priced mortgage loans” (HPMLs). The final rule increases TILA’s loan exemption threshold for the special appraisal requirements for HPMLs. Each year the threshold must be readjusted based on the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers. The exemption threshold will increase from $28,500 to $31,000 effective January 1, 2023.
FHFA proposes amendments to help GSEs better serve colonias
Recently, FHFA announced a notice of proposed rulemaking (NPRM) to amend its Enterprise Duty to Serve Underserved Markets regulation. Under Section 1129 of the Housing and Economic Recovery Act of 2008, Fannie Mae and Freddie Mac (GSEs) are required to develop loan products and flexible underwriting guidelines for facilitating “a secondary market for mortgages on housing for very low-, low-, and moderate-income families for the manufactured housing, affordable housing preservation, and rural housing markets.” The amendments would add a “colonia census tract” definition, which would serve as a census tract-based proxy for a “colonia” (as generally applied to “unincorporated communities along the U.S.-Mexico border in California, Arizona, New Mexico, and Texas that are characterized by high poverty rates and substandard living conditions”), and would amend the “high-needs rural region” definition by substituting “colonia census tract” for “colonia.” The NPRM would also revise the definition of “rural area” to include all colonia census tracts regardless of their location, in order to make GSE activities in all colonia census tracts eligible for duty to serve credit. “FHFA is committed to promoting affordability, equity, and sustainability in the nation’s housing finance markets, especially in underserved communities,” FHFA Director Sandra L. Thompson said in the announcement. “With this rule, we seek to remove barriers that have hindered the [GSEs’] Duty to Serve activities for people living in colonias.”
Bank agrees to pay $1.8 billion to settle RMBS bond insurance claims
On October 7, a national bank announced in a regulatory filing that it has agreed to pay $1.84 billion to settle claims brought by a bond insurer concerning policies provided on residential mortgage-backed securities before the 2008 financial crisis. According to the regulatory filing, the agreement will “resolve all pending [bond insurer] lawsuits” (containing damages claims of more than $3 billion) against the bank and its subsidiaries, will cause all pending litigation to be dismissed with prejudice, and will release the bank and its subsidiaries from “all outstanding claims” related to bond insurance policies for certain securitized pools of residential mortgage loans.
CFPB blogs about challenging inaccurate appraisals
On October 6, the CFPB released a blog post regarding mortgage borrowers’ ability to challenge inaccurate appraisals through the reconsideration of value process (ROV). Among other things, the CFPB explained that “[a] lender’s reconsideration of value process must ensure that all borrowers have an opportunity to explain why they believe that a valuation is inaccurate and the benefit of a reconsideration to determine whether an adjustment is appropriate.” As required under the Equal Credit Opportunity Act Valuations Rule, the Bureau explained that some lenders include information regarding how to request a ROV in appraisals and other home valuations. The Bureau further noted that when lenders provide clear, plain-language notice of ROV opportunities to borrowers, lenders help ensure that their ROV process is nondiscriminatory. Lenders that do not have a clear and consistent method to ensure that borrowers can seek a ROV may risk violating federal law. The Bureau added that it has taken steps to implement legal requirements to limit bias in algorithmic appraisals, and that regulators are also providing more oversight over the activities of the Appraisal Foundation.
CFPB seeks comments on mortgage refinance and forbearance standards
On September 27, the CFPB issued a notice in the Federal Register requesting input from the public regarding (i) the availability of refinance loans for borrowers with smaller mortgage loan balances, and (ii) options for mortgage forbearance. Specifically, the Bureau sought ways to: (i) “facilitate mortgage refinances for consumers who would benefit from refinancing, especially consumers with smaller loan balances”; and (ii) “reduce risks for consumers who experience disruptions in their financial situation that could interfere with their ability to remain current on their mortgage payments.” The Bureau also noted that some stakeholders have suggested that changes to the Bureau’s ability-to-repay/qualified mortgage rule (ATR–QM rule) may play a role in facilitating beneficial refinances through targeted and streamlined programs, noting that the current rule references “frictions” in the refinance process tied to QM standards. Comments are due by November 28.