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MBA Chief Warns of Washington Regulatory Threats Facing Housing Industry

GFH Editorial Team
June 15, 2023

A Warning from the Top of the Industry

Mortgage Bankers Association President and CEO Bob Broeksmit used a Washington, D.C. speech to deliver a pointed warning about the state of housing regulation. Broeksmit argued that a tangle of overlapping and sometimes contradictory federal rules, what he called regulatory knots, was making it harder for lenders to serve borrowers and harder for consumers, especially first-time and low-income buyers, to finance and own a home. His remarks reflect a broader industry concern that the cumulative weight of federal rulemaking has become a drag on housing supply and affordability.

Basel III as a Flashpoint

One specific target of Broeksmit's criticism was the proposed Basel III endgame rule, an international capital standard being implemented by U.S. banking regulators. The MBA has argued that Basel III, as proposed, would raise capital requirements for banks that hold mortgages and mortgage servicing rights, which would translate into higher prices and reduced availability of home loans. Broeksmit warned that the rule would lead to higher prices on fewer mortgages and described the outcome as a disaster for Americans, particularly first-time and low-income homebuyers. Regulators have since indicated a willingness to revisit parts of the proposal, but the industry continues to push for significant changes.

A Call for a National Housing Policy Director

To untangle what Broeksmit described as regulatory chaos, the MBA proposed the creation of a national housing policy director inside the White House. In the MBA's framing, this official would sit above individual agencies and coordinate the housing-related work of HUD, the Federal Housing Finance Agency, the Consumer Financial Protection Bureau, the Department of the Treasury, and federal banking regulators. The goal, Broeksmit argued, would be to identify contradictions between rules, harmonize compliance timelines, and evaluate the cumulative cost of regulation on housing supply and consumer access.

Other Concerns in the MBA's Policy Agenda

Beyond Basel III, the MBA's residential policy agenda highlights several issues the association describes as threats to the industry and consumers. Those include proposed loan-level price adjustments and conforming loan fee structures at Fannie Mae and Freddie Mac, the scope of the Community Reinvestment Act, rising mortgage origination and servicing costs, and appraisal and valuation rulemaking. The MBA also continues to press for modernization of Federal Housing Administration loan servicing rules, particularly around loss mitigation, to avoid unnecessary foreclosures.

Why It Matters for Homeowners

For current and aspiring homeowners, the practical effects of regulatory conflict show up in higher rates, larger fees, and more paperwork at closing. Lenders must build compliance programs for each overlapping rule, and those costs are passed on through pricing. First-time and lower-income buyers tend to feel the squeeze hardest because they are more sensitive to closing costs and tighter credit standards. Industry pushback against Basel III and similar rules is framed, at least in part, as an argument that borrowers themselves would bear the ultimate cost of overly restrictive capital requirements.

A Debate, Not a Consensus

Consumer advocacy groups have pushed back on some of the MBA's positions, arguing that stronger capital rules and consumer protections are needed to prevent a repeat of the 2008 housing crisis. The debate over how to balance safety, soundness, affordability, and access is likely to continue for years, and homeowners can expect the details of federal housing regulation to directly shape mortgage availability, rates, and loan servicing practices for the foreseeable future.

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