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MEDIA RELEASE / July 17,
2007
Conference of State Bank
Supervisors
1155 Connecticut Avenue NW, 5th Floor, Washington, DC
20036
American Association of Residential Mortgage
Regulators
1255 23rd Street, NW, Suite 200, Washington, DC
20037
National Association of Consumer Credit
Administrators
P.O. Box 20871, Columbus, Ohio
43220-0871
State Financial Regulators Issue Joint
Statement On Sub-prime Lending For State-Licensed Mortgage
Lenders
WASHINGTON D.C. — The Conference of State Bank
Supervisors (CSBS), the American Association of Residential Mortgage
Regulators (AARMR), and the National Association of Consumer Credit
Administrators (NACCA) today issued a Statement on Sub-prime Lending to
state agencies that regulate residential mortgage brokers and
companies.
The Statement was developed in response to the federal
financial regulatory agencies' Statement on Sub-prime Mortgage Lending
that was released June 29. At that time, state regulators endorsed the
statement and announced plans to issue a similar statement to cover
lenders not regulated by the federal financial regulatory
agencies.
The three state regulatory groups encourage the state
regulatory agencies to adopt the guidance and issue it for use by their
regulated entities.
The state regulatory organizations will be
orchestrating a campaign to implement the guidance in all states. The
following 26 mortgage regulators have stated they intend to expedite
implementation: Alabama, California, Connecticut, Delaware, District of
Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky,
Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Hampshire,
New York, North Carolina, North Dakota, Pennsylvania, Rhode Island,
South Dakota, Vermont, Washington, and Wyoming.
"With our enhanced role on the Federal Financial
Institutions Examination Council, the states were in a much better
position for rapid adoption," stated Steven L. Antonakes, Massachusetts
Commissioner of Banks and Chairman of the FFIEC's State Liaison
Committee. "We believe this is the type of coordinated policy
development Congress intended when they granted the states a vote on the
FFIEC."
"We believe a coordinated effort among federal and
state regulatory agencies is necessary to provide consistent and
effective overall supervision of the mortgage industry," added Jeff
Vogel, Wyoming State Bank Commissioner and current Chairman of
CSBS.
The CSBS/AARMR/NACCA statement substantially mirrors
the federal interagency statement agreed upon by the Board of Governors
of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the Office of the Comptroller of the Currency, the Office
of Thrift Supervision, and the National Credit Union Administration, and
supported by the FFIEC's State Liaison Committee. The interagency
statement outlines clear and effective management practices,
underwriting standards, and consumer protection provisions those
institutions should follow when marketing and selling certain
adjustable-rate mortgage (ARM) products to sub-prime
borrowers.
However, the state mortgage regulators modified the
statement to address issues particular to non-depository mortgage
lenders and brokers who originate loans but do not hold them in
portfolio. These lenders are generally licensed and regulated by the
states.
In conjunction with the 2006 Interagency Guidance on
Nontraditional Mortgage Product Risks, the statement offers sound
underwriting and consumer protection principles that institutions and
all residential mortgage providers should consider when making
residential mortgage loans.
"The Subprime Statement will be an important tool for
state mortgage regulators working to protect consumers in the subprime
lending market," said AARMR Vice President David Bleicken.
Beyond the Statement on Sub-prime Mortgage Lending,
state regulators also plan to issue Examination Guidance for state
supervisors to use in evaluating state-licensed mortgage lenders'
compliance with the new requirements on lending to sub-prime borrowers.
The guidelines will be released on Tuesday, July 24.
# # #
The Conference of State Bank Supervisors is the
nationwide regulatory organization for state banking, representing the
bank regulators of the 50 states, the District of Columbia, Guam, Puerto
Rico and the Virgin Islands. The CSBS is responsible for defending state
authority to determine banking structure and the products and services
state-chartered institutions can offer and for improving the quality of
state bank supervision by providing department performance evaluation
and accreditation programs and supervisory education/training programs
for state banking department personnel.
AARMR is the national organization representing state
residential mortgage regulators. AARMR's mission is (a) promote the
exchange of information between and among the executives and employees
of the various states who are charged with the responsibility, pursuant
to the laws of the individual states, for the administration and
regulation of residential mortgage lending, servicing and brokering; (b)
assist in resolving conflicts of jurisdiction in relation to mortgage
lending, servicing, and brokering; (c) promote a better understanding of
mortgage regulation; (d) develop model legislation applicable to the
administration and regulation of mortgage lending, servicing and
brokering; (e) increase the knowledge and ability of those engaged in
the administration and enforcement of mortgage regulation and those
engaged in mortgage lending, servicing or brokering by organizing and
sponsoring lectures, seminars, and training programs and by providing a
forum for the exchange of information; and (f) do everything necessary,
proper, advisable or convenient for the accomplishment of the
Corporation's purposes and goals.
The National Association of Consumer Credit
Administrators represents the officials of the states and territories of
the United States of America and of the Dominion of Canada, or their
associates, who, by law, are vested with authority and duty to
administer laws which require regulation or supervision of consumer
credit agencies in the United States of America and the Dominion of
Canada.
CSBS Information Contacts:
Michael Stevens, mstevens@csbs.org, CSBS Senior Vice
President, Regulatory Policy (202) 728-5701
Catherine Woody, cwoody@csbs.org, CSBS Assistant Vice
President, Policy Analyst (202) 728-5733
AARMR Information
Contacts:
David A. Saunders, dsaunders@aarmr.org, AARMR
Executive Director (202) 521-3999
George Kinsel, ghkinsel@dllr.state.md.us,
AARMR President (410) 230-6086
NACCA Contact:
Theresa L. Brady, tbrady@dbcf.state.ms.us, NACCA
President (601) 359-1031
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