Since the election of Donald Trump, the legitimacy and very survival of the Consumer Financial Protection Bureau is now front and center. The agency is in peril after an Oct. 11 decision by the U.S. Court of Appeals for the District of Columbia Circuit that ruled, for the first time, that an independent agency established by the legislative branch of government is unconstitutional.
Where was the commentary about how the lending industry is making the mortgage process easier for customers by embracing digital technology? What about compliments to mortgage lenders who are trying to streamline a difficult process?
If the underlying goal is to provide less negative ammunition for media outlets and improve the industry's image, it is counterproductive for lenders to speak against those regulations protecting the consumers.
The CFPB is currently paying close attention to the individuals/small players, as well as the larger institutional mortgage companies. With respect to the small players, the CFPB is looking at the loan officer, real estate agent and developer. A common violation that these smaller firms or individuals commit, in addition to possible violations resulting from social media posts, stems from agreements among themselves.
While other state and federal regulatory bodies overlap in their regulation of the mortgage industry, the very particular consumer focus of the CFPB is not duplicated by any other body. Will deregulation mean a return to the Wild West lending atmosphere that led to the financial crisis? What happens next? We asked John Socknat, partner at Ballard Spahr, to weigh in on what mortgage lenders and servicers can expect from a Trump administration.
Amid the potential new direction from the White House, Congress and regulators, leadership in our industry is more important than ever. Which is why HousingWire is proud to present the 40 winners of our 2016 Vanguard award. These leaders from all segments of the mortgage ecosphere demonstrate that our industry is more than capable of meeting the challenges that lie ahead.
The marketplace is full of hard and private money lenders — it will come down to who can best assist investors in completing their goals, whether that be by providing quicker close times, or with more accurate valuations. With how many options there are for borrowers, lenders will need to start competing for marketshare as borrowers shop their situations to multiple lenders, leveraging the offers against each other. This process will force lenders to update their guidelines, or be forced out of the market.