Madam Speaker, I rise today in support of H.R. 1153. As someone who worked in the housing industry, in fact, for the third generation, this is a very important issue to me and, more importantly, to all of our constituents across the…
Madam Speaker, I rise today in support of H.R. 1153.
As someone who worked in the housing industry, in fact, for the third generation, this is a very important issue to me and, more importantly, to all of our constituents across the country.
The qualified mortgage/ability-to-repay rule, as mandated by the Dodd-Frank Act, went into effect in January 2014. This QM rule is the primary means for mortgage lenders to satisfy its ability-to-repay requirements. Additionally, Dodd-Frank provides that a QM may not have points and fees in excess of 3 percent of the loan amount.
So far, so good.
As currently defined, however, points and fees include, among other charges: salaries paid to loan officers; loan level price adjustments, as the chairman was talking about, which are traditionally known as points; payments by lenders to correspondent banks, credit unions,
and mortgage brokers in wholesale transactions; and, as has been discussed, fees paid to affiliated, but not unaffiliated, title companies; and--this is the one that is most bizarre of all--amounts of insurance and taxes held in escrow. That counts towards that 3 percent.
As a result of this confusing and problematic definition, many affiliated loans, particularly those made to low- and moderate-income borrowers, would not qualify as QMs. Without that designation, it is unlikely the loan would be made. And if it were, it would only be available at higher rates, due to the heightened liability risks. Consumers would lose the ability to take advantage of the convenience and market efficiencies offered by one-stop shopping.
Hardworking Americans utilize one-stop shopping every day. They partake in it. For example, in west Michigan, we have the headquarters of Meijer. It is a great regional supermarket chain, and it is where families across the Midwest go to buy groceries, pick up clothes for the kids, and pick up auto parts. It is one-stop shopping that allows you to get just about everything you need for your home.
Well, purchasing a home is one of the most important decisions a family makes. Why shouldn't they have the same ability to take advantage of that same cost-effective convenience of one-stop shopping when buying a home?
I, along with Representative Gregory Meeks, reintroduced H.R. 1153, bipartisan legislation to modify and clarify the way points and fees are calculated and help families across America to one-stop shop.
This legislation is narrowly focused to promote access to affordable mortgage credit without overturning the important consumer protections and sound underwriting required under Dodd-Frank's ability-to-repay provisions. As the chairman pointed out, also. The RESPA provisions that are Federal law stay in place.
Very similar legislation overwhelmingly passed the House of Representatives last Congress as well as in the 113th.
I think it is important to note that when we first introduced this bill in 2012, it looked substantially different. However, working with my colleagues on the other side of the aisle, we worked together to improve the legislation. The result has been a truly bipartisan effort at every step of the way in the legislative debate.
Specifically, H.R. 1153 would do a couple of things. It would provide equal treatment for affiliated versus unaffiliated title fees. It doesn't change the 44 States that have a regulated title insurance cost structure. It doesn't change any of those costs that a homeowner would have. It just allows them to actually go lower, rather than higher.
It also clarifies the treatment of insurance held in escrow. These two simple, commonsense changes will promote access to affordable mortgage credit for low- and moderate-income families and, indeed, all families, especially first-time home buyers, by ensuring that safe, properly underwritten mortgages pass the QM test.
Whether or not you supported Dodd-Frank, it is clear that the law is going to require some tweaks to ensure qualified borrowers aren't locked out of home ownership and the beneficial features of a qualified mortgage.
The QM represents the best mortgage on the market. It is the gold standard. And it should be the gold standard. We should want more responsible people getting QMs, not fewer.
Quite frankly, this is something we should all agree on. In fact, we did last year. Our bill doesn't touch any of the CFPB's strict underwriting criteria. It doesn't, in any way, suspend a lender's legal requirement to determine that a borrower has the ability to repay that loan.
The ranking member points out a real problem that happened in the industry and that, frankly, many of us in the industry warned of, but this does nothing that allows State regulated title insurance to be violated or any of those Federal steps regarding the qualified mortgage. It, in no way, sidesteps RESPA or QM requirements.
Mr. Speaker, I must admit that I am completely baffled by the ranking member's new opposition to this bill. This bill was very carefully negotiated in order to receive bipartisan support, which the ranking member voted for previously. In fact, she was so supportive that she, along with 11 other Democrats from the committee, sent a letter, dated August 1, 2014, to the Senate urging them to ``quickly adopt the Mortgage Choice Act.''
Mr. Speaker, I include in the Record the letter of August 1, 2014.
House of Representatives,
Washington, DC, August 1, 2014.
Dear Majority Leader Reid, Chairman Johnson and Members of
the Senate Committee on Banking, Housing, and Urban Affairs:
On June 9, the House passed the Mortgage Choice Act (H.R.
3211), on the suspension calendar without objection. Senators
Manchin and Johanns introduced a companion bill, S. 1577 in
October, but it has not yet been considered. We support the
Mortgage Choice Act because of our concern about lower-income
consumers' access to credit and their ability to select the
mortgage and title insurance providers of their choice.
Passage of H.R. 3211 represents the fourth time that the
House has approved virtually identical legislation without
objection. In 2007 and 2009, a Democratic House majority
passed essentially the same provision in the Miller-Watt-
Frank anti-predatory lending legislation, and then a third
time as part of the House's version of the Dodd-Frank Wall
Street Reform and Consumer Protection Act in 2010.
The Mortgage Choice Act simply excludes the cost of title
insurance from the definition of points and fees under the
Truth in Lending Act regardless of whether a title insurance
agent is affiliated with a mortgage lender or not. It also
clarifies that funds held in escrow for the payment of
property insurance do not count as ``points and fees.'' The
legislation is needed to ensure that smaller loans to
creditworthy low and moderate-income consumers can select the
mortgage lender and title insurance provider of their choice
and obtain a ``qualified mortgage,'' the gold standard for
all mortgages.
The bill authorizes the Consumer Financial Protection
Bureau to implement rules governing the exclusion of
reasonable title insurance charges from ``points and fees.''
It preserves the Bureau's strong enforcement authority to
require transparency and disclosure of affiliations and
charges under the Real Estate Settlement Procedures Act
(RESPA). In fact, the CFPB has been vigorous in its pursuit
of RESPA violations, ranging from minor disclosure errors to
kick-backs for referrals by an unaffiliated title company.
We urge you and the entire Senate to quickly adopt the
Mortgage Choice Act to improve access to credit, enhance
competition among title insurance providers, and reinforce
the CFPB's authority to define what title insurance costs
qualify as excludable ``points and fees.''
Sincerely,
David Scott; Maxine Waters; Emanuel Cleaver; Henry
Cuellar; Daniel T. Kildee; Jim McDermott; Patrick
Murphy; Gerald E. Connolly; Michael F. Doyle; Betty
McCollum; Gregory W. Meeks; Gary C. Peters.
In the letter, she stated that the bill would ``improve access to credit'' and ``enhance competition among title insurance providers.'' Well, I couldn't agree more with the ranking member.
She talks now of kickbacks. I am confused as to how an affiliated title structure, pricing structure, versus an unaffiliated title purchase is somehow a kickback.
I am confused at how an escrow, money that is ours that is put into a holding account to be used later to pay off debt, is a kickback.
Mr. Speaker, I wish I had time to yield to the gentlewoman to hear that answer.
She is talking about megabanks. This is, frankly, just a red herring in this whole thing.
Congress has the opportunity to help more Americans realize a portion of the American Dream, not by some grandiose law or decree, but by simply reforming a burdensome regulation. Home ownership has been a pillar in American life for generations. Today, we can reaffirm that pillar and reassert that home ownership can and should be an attainable goal.
Mr. Speaker, I thank my colleague, Representative Meeks, and many others who have worked so tirelessly on this to fix this flawed provision, and I encourage all of my colleagues to vote for H.R. 1153.