ARTICLE
26 November 2015

House Votes To Nix Indirect Auto Bulletin And Expand QM

MF
Morrison & Foerster LLP

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The White House issued separate Statements of Administrative Policy that "strongly oppose[]" both the indirect auto and QM bills.
United States Finance and Banking

The U.S. House of Representatives passed legislation on November 18, 2015, that would revoke the CFPB's guidance on indirect auto lending and expand the qualified mortgage rule's safe harbor. The Reforming CFPB Indirect Auto Financing Guidance Act, H.R. 1737, "[d]eclares without force or effect" the CFPB's Bulletin 2013-02 (Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act). The Portfolio Lending and Mortgage Access Act, H.R. 1210, would extend legal protections on QMs to all mortgages originated by banks and credit unions, so long the loan originator continues to hold the loan, even if the loan doesn't comply with the Dodd-Frank Act's "ability to pay" requirements. It is unclear how much traction the bills will have. The White House issued separate Statements of Administrative Policy that "strongly oppose[]" both the indirect auto and QM bills.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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