Ten years since the Great Recession and U.S. lawmakers are ready to forget the mistakes that led to the financial crisis and housing crash — and make some more.
Their latest effort to loosen up rules designed to prevent another financial crash is the rollback of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
Dodd-Frank was passed in 2010 in answer to the financial crisis and 2008 Great Recession. Its main role has been to police Big Banks in an effort to prevent another financial crisis, and to protect consumers from being taken advantage of by financial institutions.
To that end, Dodd-Frank created the Consumer Financial Protection Bureau (CFPB), which since 2011 has collected penalties from several banks and other institutions for fraudulent practices. It has also made financial products and choices more transparent by creating new forms and consumer guidance.
But that was all under the old administration. The Republican-controlled government (with some support from Democrats) has now passed legislation to defang Dodd-Frank and the CFPB.
In May 2018, the president signed into law the Economic Growth, Regulatory Relief and Consumer Protection Act.
Some key features of the Act include:
- exempting certain “small” banks from the Volcker rule, which prohibits banks from making certain types of risky investments;
- exempting smaller banks and credit unions from providing mortgage applicant data to the government under the Home Mortgage Disclosure Act (HMDA) — a change which opens the door for these banks to discriminate against minority applicants;
- exempting several “small” banks (such as American Express, BB&T and SunTrust Banks) from the stress test required of Big Banks to ensure they have enough assets available to survive a financial crash;
- reinstituting the Protecting Tenants at Foreclosure Act, which protects certain residential tenants during foreclosure; and
- exempting certain smaller banks and credit unions (with less than $10 billion in assets) from the ability-to-repay and qualified mortgage (QM) rules when the bank or credit union keeps the mortgage loan in its portfolio.
The Act also allows mortgage loan originators (MLOs) who are licensed in one state who have submitted an application to be an approved MLO in a separate state to be granted the temporary ability to work as an MLO in that other state while they wait a decision on their submitted application.
History repeats itself
Does any of this sound familiar to you?
It probably should — the cycle of tightening regulation followed by deregulation regularly occurs within the circle of economic booms and busts. Efforts to deregulate the market and grow the economy, like the president’s Act to phase out Dodd-Frank, are common in the buildup to a recession.
The thing is — even while the president and other lawmakers are focusing on growing the economy, the Federal Reserve (the Fed) is working on pulling in the reigns. The Fed’s aim is to prevent the economy from becoming overheated and induce a normal business recession (unlike the huge crash that occurred in 2007-2008 — oversized due to the bubble heights the deregulated economy was allowed to reach before the inevitable crash).
The Fed will get its recession one way or another. The real question is: how well will consumers and banks be able to stand when the recession arrives?
The Act which defangs Dodd-Frank opens the door for more risk in the market and increases the potential for more bank failures down the road. All of this is concerning to hardworking consumers and taxpayers, who rely on the government to keep everyone financially sound during recessions.
The aim of the Act is to increase lending and grow the economy, and it certainly has the potential to do that. But at what future cost to consumers?
For every good liberal editor, there’s a common sense, constitutional conservative, that could bring you to your senses.. all it takes is an open mind… And massive reality check…
I agree with you. The liberals are blindly working for the globalists. Just trust Trump. He is not perfect, but at least he cares about our country more than money.
I agree. Please just report the news and updates and not editor opinion. I have worked in mortgage lending since 1976 and have seen first hand the effects of insufficient regulation and over regulation. We are heading in the right direction with winding down DF. Many many otherwise creditworthy borrowers are underserved by DF and QM rules. “Open door for small banks to discriminate” Really?? The small banks just want some regulatory relief so they can be successful and compete. Good for all consumers by the way.
“Easy to understand forms??? “ thanks for the comic relief.
Your comment is right on the money. I’m concerned that First Tuesday is a liberal organization spreading fake news. CAR and NAR spend a lot of money on lobbying and I’m watching for liberal bias and support for corrupt liberal politicians.
Does anyone really believe that $10B denotes a “small” bank? Fools like that deserve the Greater Recession they’ll get.
Before you make stupid statements, do some research – B of A is over a trillion dollars and so are most of the others.
I was so glad to read that others felt the same way do about the way this article was written. get a new writer, please…
I agree. I clicked on the link described as “How will the Dodd-Frank overhaul impact housing?” hoping to learn something. Instead, I was treated to another opinionated editorial.
Real Estate brokers and agents need truth, not liberal propaganda. If you can’t write an honest article then we might as well just watch CNN fake news.
How about some historical perspective. DF was an overreach by the government, years after the horses left the barn and the offending lenders had already gone under. The seeds of the credit bubble were sown 20 years ago a result of President Clinton jawboning banks into making more loans available to those who couldn’t afford them. So the government caused the credit bubble, and then passed onerous legislation creating a new government agency when the inevitable credit crash occurred.
The almost insignificant loosening of small parts of the DF regulatory burden will absolutely not result in 2000 – 2005 all over again. You’d have to be nuts to believe so (or liberally-uninformed). The layers and layers of new lending regulations, designed to prevent predatory lending practices, are not being unwound here. Ask any mortgage loan originator what’s likely to happen under the so-called “rollbacks” and they will all tell you the same thing — nothing.
I agree with you. The liberal gov intentionally allowed lending with no money down to “let all people live the American dream”. It was an excuse – it was a setup for a new crash were wealth is transferred from us to the super wealthy – it is fraud, theft, corruption, and treason.
I thought First Tuesday was a real estate information and training company not a left wing anti-commerce, big government mouthpiece.
Well said! This article is so slanted to the writer’s bias. I’m disappointed in First Tuesday for publishing.
My thought exactly. If I see more liberal fake news I will withdraw from FT and do my continuing education elsewhere. We don’t need liberal corruption in our industry. Imagine if we could “lobby” escrow companies? no more fake news and real estate better stay clean!
I had to look again to see if this was an OpEd. “The Fed will get its recession one way or another”. What happened to First Tuesday excellent non biased news? That was the reason I keep renewing with First Tuesday. I guess no more
I agree! Come on First Tuesday…you can do better than this.
I really enjoyed the continuing ed courses I took through First Tuesday and their forms. However, after reading this biased “journalism” I’m wondering whether First Tuesday is really the company I want to use again. I’m tired of the crony capitalism and government picking of winners and losers. Less regulation sounds like a good move to me.
Unsubscribe me from FT FAST! If i want to annoy myself with the nonsense of a leftist point of view, i’ll just watch CNN.
I feel exactly the same, I wish I had read this politically oriented article before ordering my 45hs renewal courses!
There will be a recession in the future because is a natural economic occurrence, let’s hope is a short one!
What the DF act really did was greatly delayed the recovery that should had occurred years before!
Thumbs up!
“exempting smaller banks and credit unions from providing mortgage applicant data to the government under the Home Mortgage Disclosure Act (HMDA) — a change which opens the door for these banks to discriminate against minority applicants”
Does anyone really believe there are banks that will turn down good loans because the borrower is a minority?
Time to grow up.
It is more fake news about racism. The only major racism that exists is used against minorities to keep them scared and voting democrat. When race baiters like Jackson keep stirring the pot with lies and propaganda it is bound to be believed by many, but many of those are waking up to being used by the democrats by Kanye West and Candace Owens. It is way past time to put honesty before everything else. FT – you better stop this liberal fake news reporting or you will be boycotted.