MBA Submits Comments to CFPB

Key MBA Action

MBA Submits Comments to CFPB on 2013 Mortgage Rules
On June 3, MBA submitted two comment letters to the Consumer Financial Protection Bureau regarding its April 19 proposed amendments to 2013 mortgage rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z).

First, MBA sent a letter concerning the amendments to the small servicer exemption for certain rules, as well as the relation to state laws sections of the proposed amendments. In this letter, MBA urged the CFPB to consider a larger limit beyond the 5,000 or fewer mortgage loans to qualify as a small servicer. The letter further suggested that a small servicer should not be defined as one that services only for its own portfolio or that originates all mortgage loans it services. In addition, MBA encouraged the CFPB to reemphasize and reiterate its mortgage servicing rules to the states, regardless of whether absolute field preemption exists.

A separate letter was also submitted concerning the temporary category (eligible for GSE or government agency purchase, guarantee or insurance) of qualified mortgage loans under the Ability to Repay/QM rule.

MBA supported CFPB’s proposed clarifications: (1) on what it means to be eligible for purchase by a GSE or insurance or guarantee from another government agency; (2) that only a repurchase or indemnification request that is based on a factor that “specifically apply to the qualified mortgage status” could be relevant to QM status; and (3) that the mere occurrence of a repurchase or indemnification demand would not invalidate a loan’s status as a QM.

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U.S. House Passes Bipartisan Housing Package

By Bill Killmer, Jamie Woodwell, and Pete Mills ● Feb 09, 2026

This evening, the full U.S. House passed overwhelmingly (390-9) H.R. 6644, the Housing for the 21st Century Act. The housing package aims to tackle supply and affordability challenges, modernize local development, and improve government housing programs.

Specifically, the package (see breakdown here) advances several MBA-backed reforms, including updating Federal Housing Administration (FHA) multifamily loan limits, streamlining federal housing program offerings, incrementally improving financing processes for Rural Housing Service loans, providing targeted support for construction and rehabilitation, and fostering stronger coordination among federal agencies and Congress.
Monday's vote was under “suspension of the rules,” a “fast-track” procedure for non-controversial bills to avoid lengthy debates and the offering of amendments. A two-thirds majority of those present and voting is needed for the bill to pass the House.

What they're saying: In a press statement, MBA President and CEO Bob Broeksmit, CMB, said, “Housing affordability is a top concern for homeowners, renters, and communities across the country. Today's overwhelming bipartisan vote signals meaningful legislative momentum to expand supply, improve affordability, and modernize housing policy.”

Go deeper: In advance of today's vote, MBA sent its latest support letter to House leadership (read another from December) and joined two other trade letters here and here.

The House package passed the full House Financial Services Committee (HFSC) on December 17 by a vote of 53-1 and was introduced on December 11th by House Financial Services Committee Chair French Hill (R-AR), Ranking Member Maxine Waters (D-CA), Housing and Insurance Subcommittee leaders Mike Flood (R-NE) and Emanual Cleaver (D-MO), and a bipartisan group of lawmakers as a counterpoint to the Senate's ROAD to Housing Act proposal.
The Senate bill is a bipartisan package of roughly 40 aggregated housing proposals that advanced out of the Senate Banking Committee in July 2025 and was adopted by voice vote prior to the full Senate's passed version of the Fiscal Year (FY) 2026 National Defense Authorization Act (NDAA) in October 2025. A full Senate vote on the package could happen as soon as later this month.

What's next: MBA will continue to work with House and Senate leaders and their staffs to help reconcile differences between the two housing packages, particularly regarding their sections on appraisals and Rural Housing Service program reforms, once the bills proceed further on parallel tracks in both chambers.

For more information, please contact Rachel Kelley at (202) 557-2816, Madisyn Rhone at (202) 557-2741, George Rogers at (202) 557-2797, and Jeremy Green at (202) 557-2849.