Matthew VanFossen on how lenders are reacting to changes at the CFPB
Feb 13, 2025
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Matthew VanFossen, CEO of Absolute Home Mortgage, shares his expert insights on the shifting landscape of mortgage lending amid changes at the Consumer Financial Protection Bureau (CFPB). He discusses the confusion from leadership changes and the significance of compliance despite a pause in enforcement. VanFossen highlights the potential risks of a regulatory vacuum and the varying state-level enforcement. He also emphasizes the necessity for engagement with lawmakers and the importance of robust compliance programs to maintain stability in the industry.
The recent leadership changes at the CFPB have led to uncertainty for mortgage lenders regarding compliance expectations and enforcement actions.
With diminished federal oversight, mortgage lenders must navigate potentially stricter state regulations that could vary dramatically across different states.
Deep dives
Changes in CFPB Leadership
The recent appointment of three new directors at the Consumer Financial Protection Bureau (CFPB) has caused significant shifts in the regulatory landscape for mortgage lenders. Initially, the appointment of Scott Bessent signaled a potential for a less aggressive enforcement approach, whereas Russell Vought's subsequent leadership brought a more stringent directive, including immediate pauses on enforcement actions. The sudden changes create uncertainty in what lenders can expect from the regulatory body going forward. Ultimately, the latest appointment, a seasoned Washington insider, may lead to a more stable framework if the CFPB resumes regular operations.
State Regulation as a New Norm
With the potential minimization of the CFPB, mortgage lenders may have to look towards state regulators for enforcement of existing laws and regulations. The absence of federal oversight could lead to increased scrutiny from state agencies, which may adopt a more rigorous approach to examining lenders for compliance. Different regulatory policies could arise based on individual states' political climates, leading to disparate enforcement practices across the country. This shift could make adherence to both state and federal regulations increasingly complex for lenders operating in multiple states.
The Ongoing Relevance of Existing Laws
Despite the changing dynamics at the CFPB, the regulatory laws established by Dodd-Frank and the SAFE Act remain in effect. This indicates that even with diminished federal enforcement capacity, mortgage lenders still have legal obligations to follow. The potential for future administrations to reactivate enforcement initiatives poses a liability risk for lenders who may consider relaxing their compliance measures. Therefore, maintaining diligence in adherence to established regulations is critical, regardless of any temporary agency shutdowns.
The Future of Mortgage Regulation
There is an ongoing need for stability and clarity in mortgage regulation as the industry navigates through a period of uncertainty. Lenders highlight the importance of well-defined parameters and guidance, rather than vague enforcement practices that existed under past directors. Strengthening compliance programs and engaging with state regulatory actions will be essential during this transition period. The industry may benefit from advocating for legislative solutions that clarify and codify regulations, which could help establish a more predictable regulatory environment for lenders in the future.
On today’s episode, Editor in Chief Sarah Wheeler talks with Matthew VanFossen, CEO of Absolute Home Mortgage, about his perspective as a mortgage lender on what’s happening at the CFPB.
The HousingWire Daily podcast brings the full picture of the most compelling stories in the housing market reported across HousingWire. Each morning, listen to editor in chief Sarah Wheeler talk to leading industry voices and get a deeper look behind the scenes of the top mortgage and real estate stories. Hosted and produced by the HousingWire Content Studio.