Ari Karen

Mortgage lenders afraid to enter into any kind of marketing services agreement should look not to what the Consumer Financial Protection Bureau has laid as guidance, but what it has left unsaid.

The new presidential administration has signaled its aim is to pass legislation altering the Consumer Financial Protection Bureau's governing and funding structures, rather than do away with it altogether.

If the U.S. Court of Appeals for the District of Columbia rules on party lines, the current structure of the Consumer Financial Protection Bureau will remain intact.

A district court in Texas has filed an injunction against last year's Department of Labor ruling on loan officer compensation but lenders should hold themselves to that standard as basic compliance regardless of the outcome.

Even with Republicans controlling both Congress and the White House, it's highly unlikely the Consumer Financial Protection Bureau will be completely eliminated. However, under the new presidential administration's oversight, many of its more aggressive policies will likely change.

Lenders asking whether bank loans are safe are missing the point and should instead be more concerned with the standard they apply when underwriting them.

The Consumer Financial Protection Bureau can determine nearly anything to be an unfair, deceptive or abusive act or practice, and it's more likely to do so when lenders try to take advantage of regulatory loopholes.

Regulatory infighting over bond loans offered by down payment assistance programs has the potential to curtail lending to first-time buyers and do real damage to homeownership.

Enforcement actions by the Consumer Financial Protection Bureau against companies are well-known, but compliance starts with individuals.

Lenders that sell both forward and reverse mortgages must carefully consider how their products are offered to older borrowers to avoid confusion that could lead to accusations of financial abuse.