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Elizabeth Warren Launches Mortgage Forms Regulatory Overhaul

Elizabeth Warren

First Posted: 05/18/11 06:56 PM ET Updated: 07/18/11 06:12 AM ET

The Consumer Financial Protection Bureau advanced its overhaul of annoying, incomprehensible mortgage forms on Wednesday in its first regulatory maneuver since the agency was created by last year's financial reform bill.

The CFPB rolled out two prototypes for a single, streamlined form to replace two complex and overlapping forms used by consumers to help gauge the real costs of their mortgage. The new regulator, which hopes to have a final form ready by September, is asking consumers to provide feedback on the forms online and is conducting in-person tests and interviews about the forms in six cities.

Consumer advocates and both community and Wall Street banks have lobbied for the change for years. Banks complain that it makes no sense for them to have to deal with two forms that carry the same basic information, while consumer advocates bemoan the fact that the forms aren't actually very helpful to consumers.

"The new forms -- they look good," said Ron Haynie, President and CEO of the Independent Community Bankers Association's mortgage group, which lobbies on behalf of small, community banks.

"This moves in a direction that makes sense," said Bob Davis, Executive Vice President of Mortgage Finance for the American Bankers Association, which represents banks of all sizes but traditionally places a heavy emphasis on the interests of big banks. "Our bankers thought this was a positive step."

Ira Rheingold, Executive Director of the National Association of Consumer Advocates also praised the new forms. "They've really got the right idea."

"You want consumers to actually be able to shop around for a mortgage," Rheingold said. "This information has to give consumers a legitimate view of the costs of the mortgage -- and that doesn't really exist today. The [current] forms are fairly incomprehensible, there's all sorts of numbers in there, and you can't tell what's important and what's not."

Once the new form is finalized, bankers may eventually begin butting heads with borrowers over its legal status. Currently the disclosure forms are not legally binding documents and banks could present the borrower with different final terms than the one outlined in the documents. But consumer advocates want the new forms to be a legally binding offer.

But for now, at least, both consumer advocates see this as a good sign of things to come.

Ed Mierzwinski, Director of the U.S. Public Interest Research Group's Consumer Program said CFPB's early testing process suggested the agency "has new ideas, not only about making disclosures better, but about making the regulatory process better for both buyers and sellers."

Elizabeth Eurgubian, Vice President and Regualtory Counsel for the ICBA added, "This process thus far has been a lot better for banks and for lenders than the previous processes have been, and the banks appreciate being brought in."

Take a look at the new prototypes here and here.

And compare them to the old forms here and here.

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The Consumer Financial Protection Bureau advanced its overhaul of annoying, incomprehensible mortgage forms on Wednesday in its first regulatory maneuver since the agency was created by last year's fi...
The Consumer Financial Protection Bureau advanced its overhaul of annoying, incomprehensible mortgage forms on Wednesday in its first regulatory maneuver since the agency was created by last year's fi...
 
 
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01:09 PM on 06/02/2011
What happened to the loan modifications that were supposed to make payments more affordable for lower and middle income people? Please find out what happened to these?
Gloria
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05:43 PM on 05/20/2011
Is this really what she is doing? Hello, homeowners are continuing to be defrauded of their homes, life savings and well being as we redo forms. What is wrong with you? Stop foreclosures now and stop giving money to the banks that did this in the first place. There is time later to do these kinds of tasks. Focus on homeowners. Help homeowners.
02:09 PM on 05/23/2011
When you stop paying your mortgage for 17 months ( as the average person who is going through the foreclosure process has), you are not being defrauded of your home. It is you that is causing the problem, not the bank.

Can I walk into the local grocery store every month and take out $1,500 worth of groceries and do this for two years without any issue?

It sucks that someone has to go through the foreclosure process, but they are causing the problem, not the bank.

Pay your bills and be a responsible adult, and none of this will happen.
09:26 PM on 05/19/2011
One of the few sane people in Washington D.C.
Karma2U
Blessed are the Peacemakers
07:00 PM on 05/19/2011
True genius is the ability to make the complex simple. Please Ms. Warren - please work on the tax code when your finished with the mortgage forms. Thank you!
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HUFFPOST COMMUNITY MODERATOR
Connor Alexander
Stop playing the 2 party game!
05:02 PM on 05/19/2011
Wow. As I perused the comments I went from defensive to annoyed to laughing at OSI Model's statements. How is someone that myopic and entrenched in pre-fab rhetoric?
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jtenn
12:13 PM on 05/19/2011
Thank You CFPB for your efforts. Seems to me, this is a Good Start. Thank You Lord for E. Warren.
Now if we could just eliminate banks from the process of home mortgages all together as we also elimenate fractional banking entirely, and just borrowed directly from the Treasury, letting banks handle credit card and checking, and investment banks do their gambling thing with "investors" fully informed as to the unlikely hood of long term gain... I mean who in their right mind would pay a hedge fund to invest their money and let the "fund" keep 20% of the profits? Think about it. The system is so skewed now and right right thinks it's all good.
Curiouser and curiouser!!!
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10:27 AM on 05/19/2011
Jus so you understand....the new form is just like the old form..If you do not pay your loan they take your house.....same as the issue right now....
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HUFFPOST SUPER USER
CA93010
Republicants...just can't!
10:54 AM on 05/19/2011
This form is for the estimate, not the contract. This form let's you know in plain English what the numbers mean and what your payment will be to anyone.
It's not a binding contract to the consumer, rather a offer from a lender.
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11:08 AM on 05/19/2011
OH so if it say's $2000.00 a month on this form it's different then the current form. So, Obama's followers math $2000.00 is not really $2000.00 it's $2000.00 for someone else to pay..or cry to the bank as it is their fault..I get it now..
01:54 PM on 05/23/2011
You are already provided this in plain english written at the 7th grade level via mortgage disclosures that take two minutes to review. I'm tired of hearing excuses for somebody who doesn't know what monthly payment means.

You can't legislate and regulate stupidity.
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jtenn
12:19 PM on 05/19/2011
Folks, where I come from, the bank has to prove they have physical possession of the Deed/ title as well as are legally the servicer. If they can't actually, physically with the actual properly executed papers right there in from of the mediator or court/ they lack standing to do any of the things they've perpetrated on the foreclosed, raped of equity for the past 3 tears.

America needs to stand fast and tell these dicks to sit on themselves!
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12:35 PM on 05/19/2011
YA sure..our you paying your mortgage, if not the house belongs to someone else..very simple. The system you dislike is great when you need it
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HUFFPOST SUPER USER
Peter007
08:29 AM on 05/19/2011
All of the forms used in buying and financing Real Estate are created by government regulations. If the current forms are confusing and misleading, why are we allowing the same people that devised the old forms, to create new ones?
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10:29 AM on 05/19/2011
Because Warren is doing them..Its the Obama doctrine...can't pay no problem Big Business will pick up your tab. That's how a true HP'r works, my ignorance your dime
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HUFFPOST SUPER USER
CA93010
Republicants...just can't!
11:06 AM on 05/19/2011
I take it your a Big Fan of Big Business then? "Don't fix it if it ain't broke" kinda guy?
Good for you.
I personally would rather level the playing field by not allowing Big Business total control of my life, and have Big Business pick up the tab? You Betcha! We've bailed them out these past few years, and they continue to bend us over the couch, and making record profits to boot. So you may sympathize with them, I certainly won't.
01:55 PM on 05/23/2011
I agree, what a joke. You are already given disclosures that outline your monthly payment and interest, that is written so a 3rd grader could understand. Now the rest of bill paying americans have to pay for further regulations.
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HUFFPOST SUPER USER
jtenn
12:19 PM on 05/19/2011
Nor true.
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HUFFPOST SUPER USER
frank day
Republican = FAIL
08:28 AM on 05/19/2011
The sample documents are a vast improvement over what is currently used.
01:57 PM on 05/23/2011
The current documents are written at the 7th grade level and use terms like Monthly payment, Interest rate, and principal.

If the borrower doesn't understand these terms, they shouldn't be buying a house. Now the rest of bill paying adults will have to pay for their stupidity through more regulation.
HSC55
We will be known forever by the tracks we leave
08:17 AM on 05/19/2011
Good. When she is done with that lets set her to work on tax forms.
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HUFFPOST SUPER USER
CPAwADD
My super power is sarcasm!
03:35 PM on 05/19/2011
You are right but you have NO idea how right.
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HUFFPOST SUPER USER
PeterNPaul
Past failure is not indicative of future success.
07:18 AM on 05/19/2011
"Neither a borrower nor a lender be; For loan oft loseth both itself and friend."--Shakespeare
Your freedom and liberty is not worth the price. How do we curtail the influence of the banking industry in our society? Stop doing business with them. That will really make them scratch their body parts.
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frank day
Republican = FAIL
08:30 AM on 05/19/2011
I would love to see churches, civic organizations, families, etc.... get together and

form mutual lending groups.

Cut the Banksters out of the whole process.
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PeterNPaul
Past failure is not indicative of future success.
08:46 AM on 05/19/2011
We couldn't have that now could we? Free market? No government control? No taxpayer involvement? Private entities? Bite your tongue.
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dayzee10
Get busy living or get busy dying! Damn right
09:34 AM on 05/19/2011
Are you sure you can trust churches?
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jtenn
12:20 PM on 05/19/2011
End fractional banking. Borrow replacement value only, directly from the Treasury. I'm done for today. Carry on.
03:56 PM on 05/21/2011
I don't think you quit understand what fractional banking is becuase this country has attempted to do so many times, the last time we attempted such a feet was the Great Depression and it didnt work because so many people wanted to withdraw assets at the same time. there was simply not enough money actually there to give everyone back what was owed to them. secondly the back bone of the treasury is the fractional banking system. our country has the power to only give back a percentage of what is owed at a time. if it wasnt this way, the value of the U.S dollar would decline significantly, doubling or even trippling our cost of living, your pay would not double, if so it would end up bank rupting the majority of out businesses. so how exactly do you go about thinking that would work?
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PlayTOE
Morals evolved due to cooperative group living
07:04 AM on 05/19/2011
Having a mortgage that you understand is the first step in having one you can compare. It also takes out the tricks and balloons that cause so many defaults. Both consumers and investors get a better product.
But, it makes cheating and mortgage fraud more difficult, so the big banks may try to block this effort.

Elizabeth Warren is a true hero in the financial picture.
02:12 PM on 05/23/2011
What is so difficult to understand what monthly payment, interest rate, principle, and adjustable rate mean? You are provided your loan terms at the 7th grade reading level via disclosures in the current mortgage process.

The mortage crisis, isn't about people not understanding their mortage. It is about people who can't manage their lives and should have never been given a mortgage in the first place.

Blame Fannie and Freddie for this, not the banks.
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shaitan
The Devil's Advocate
04:57 AM on 05/19/2011
I was at a public meeting hosted by Rep. Chris Van Hollen in Silver Spring, MD on Consumer Finance, where Elizabeth Warren was the Key Speaker. She went into some detail about the new mortgage forms. Very Clear speaker, very impressive and very popular with the attendees who heard her. I hope she is not blocked by the Republicans and their attempts to defund her Consumer Financial Protection Bureau.
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CPAwADD
My super power is sarcasm!
03:37 PM on 05/19/2011
It's probably why she is starting with something less controversial.
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Bluemax1
As your thoughts manifest your Universe is created
01:44 AM on 05/19/2011
"I am absolutely convinced that no wealth in the world can help humanity move forward, even in the hands of the most devoted worker in this cause. The example of great and pure characters is the only thing that can produce fine ideas and noble deeds."

Albert Einstein
01:37 AM on 05/19/2011
what? http://71-37-61-112.tukw.qwest.net/1022.htm