CFPB and FHFA nominees confirmation hearings: Live coverage

Bill Pulte and Jonathan McKernan will share their visions for mortgage oversight with lawmakers Thursday.

The Senate Banking Committee will host Trump administration nominees including Pulte for the Federal Housing Finance Agency and McKernan for the Consumer Financial Protection Bureau. The nominees ahead of the hearings have hinted at their conservative ideals for their prospective positions. 

Industry trade groups have backed both nominees, lauding their experience in their respective sectors. Committee Democrats, led by Ranking Member Sen. Elizabeth Warren of Massachusetts, are expected to grill the nominees on topics including a conservatorship exit and the future of the embattled CFPB.

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1h 42m ago

Pulte says homeowners insurance prices 'insane'

Bill Pulte
Federal Housing Finance Agency Director-designate William Pulte
Bloomberg News
In a brief exchange with Sen. Tina Smith, R-Minn., Federal Housing Finance Agency-designee Bill Pulte commented on homeowners insurance, which has skyrocketed in recent years

"The FHFA is somewhat limited in terms of its jurisdiction," said Pulte. "I will just make a general comment however that the cost of insurance is insane in this country."

Sen. Dave McCormick, R-Penn., asked Pulte about weighing the agency's dual role as a regulator, and as conservator of Fannie Mae and Freddie Mac since 2008. Pulte reiterated his brief written testimony and said an exit from conservatorship should be carefully planned to avoid mortgage market disruption. 

"I think that the conservatorship as well as the regulatory aspect are equally important," said Pulte. "However, the regulatory aspect of the job, if confirmed, is absolutely critical, because if we allow for another 2008 housing crisis, we just can't let that happen."
1h 57m ago

Pulte addresses loan-level pricing adjustments

Bill Pulte
Federal Housing Finance Agency Director-designate William Pulte
Bloomberg News
Sen. Jim Banks, R-Ind., asked Federal Housing Finance Agency-designee Bill Pulte his thoughts on loan-level pricing adjustments which are much-maligned among mortgage lenders

The lawmaker accused the Biden Administration of changing the formula for LLPAs which "screwed families with good credit scores to subsidize more families with bad credit scores." The pricing adjustments on government-sponsored loans can weigh heavily on borrowers

The designee said he wants to weigh agency data before providing a definitive response on LLPAs. 

"Generally I believe that pricing should be done on risk," said Pulte. "To avoid another 2008 or housing crisis, we've got to ensure the safety and soundness of the housing market."

1h 58m ago

Sen. Smith frustrated with CFPB dropping lawsuits

Sen. Tina Smith
Sen. Tina Smith, D-Minn.
Bloomberg News
Sen. Tina Smith, D-Minn., told McKernan that she was bothered by his response to Sen. Warner said that he wouldn't say that the CFPB returning $20 billion to consumers was a good thing. 

She said that acting CFPB Director Russell Vought dropped a number of lawsuits on Thursday that the CFPB brought under former Director Rohit Chopra, including one against Capital One for failing to pay higher interest rates that it had promised consumers on certain savings accounts.

"Elon Musk or Russell Vought, or whoever is in charge, is saying that they're going to drop these lawsuits. How do you respond to this?" Smith asked. 

McKernan responded: "Senator, if I'm confirmed, I'm the director."
2h 4m ago

Pulte touts cost-cutting, manufactured homes

Bill Pulte
Federal Housing Finance Agency Director-designate William Pulte
Bloomberg News
Federal Housing Finance Agency-designee Bill Pulte doubled down on his desire to cut down on waste, fraud and abuse, in response to a question from Sen. Bill Hagerty, R-TN. He also made a vague reference to out-of-control costs in the housing market.

Pulte also spoke favorably on manufactured homes, which the industry has viewed as a solution to limited housing inventory, and pledged to work with the Department of Housing and Urban Development on the sector. 

Pulte did not answer definitively whether he would maintain appraisal bias resources on the agency's public-facing website. Sen. Raphael Warnock, R-GA, asked Pulte about the issue after mentioning Department of Housing and Urban Development Secretary Scott Turner deleted similar resources from HUD's website. 

Pulte said he was familiar with the topic from his experience in Detroit with The Blight Authority nonprofit, and said he looked forward to working on the issue with Warnock. 

"I'd love the benefit of being inside the organization before giving definitive answers," said Pulte, when asked a yes-or-no question by Warnock on keeping the resources online.
2h 17m ago

Pulte backs Federal Home Loan Banks' housing mission

Federal Chair Powell Testifies Before Senate Banking Committee
Sen. Catherine Cortez Masto, D-Nev.
Bloomberg News
The Federal Housing Finance Agency-designee Bill Pulte said the government needs to follow the statute regarding the Federal Home Loan Banks and its 20% affordable housing mandate. In a brief response to Sen. Catherine Cortez-Masto, R-N.V., Pulte said he would be "open-minded" with ideas lawmakers have regarding the Federal Home Loan Banks. 

"A lot of times people forget about the Federal Home Loan Banks because they're so focused on Fannie Mae and Freddie Mac and I would absolutely work with you on that and I look forward to doing that," said Pulte.
2h 20m ago

Warnock questions McKernan about consumer complaints

Senate Judiciary Committee Hearing On Voting Rights
Senator Raphael Warnock, a Democrat from Georgia, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Tuesday, April 20, 2021. Photographer: Bill Clark/CQ Roll Call/Bloomberg
Bill Clark/Bloomberg
Sen. Raphael Warnock, D-Ga., asked Consumer Financial Protection Bureau Director-designate Jonathan McKernan how he intended to lead the bureau when President Trump and White House advisor Elon Musk "have gotten rid of the CFPB," and closed its headquarters. 

"With the CFPB effectively eliminated, how on earth do you plan to lead a shell agency that has been completely gutted?" Warnock asked. 

"I'm not aware of the situation," McKernan responded. "I will point to just what the administration has said in its [court] filings, in some of the litigation ongoing here, that we are going to have a CFPB that is streamlined and efficient," and added that "this is a question for our elected officials. My job is to follow the law."

In the last three months alone, Warnock said, the CFPB has received more than 80,000 complaints from consumers in Georgia. "With the CFPB shuttered by President Trump and Elon Musk, what's your plan to ensure that the bureau resolves those 40,000 pending complaints from my constituents?" he asked. 

McKernan said that the consumer complaint function is a statutory requirement.

"My mandate, if I'm confirmed, is to basically fulfill the statutory mandate."
2h 26m ago

Kennedy grills Pulte on FHA lending

Sen. John Kennedy, R-La.
Sen. John Kennedy, R-La.
Bloomberg News
Sen. John Kennedy, R.-LA, grilled Federal Housing Finance Agency-designee Bill Pulte on Biden-era loss mitigation measures the lawmaker suggested were creating a crisis akin to the 2008 housing market crash. He cited a statistic that the majority of Federal Housing Administration borrowers last year exceeded a 43% debt-to-income ratio, and that the FHA portfolio was larger than it was ahead of the 2008 crisis. 

"We got a house of cards here," said Kennedy. 

Pulte was cut off several times in trying to clarify to Kennedy that the FHA was under the Department of Housing and Urban Development's purview. The lawmaker insisted the FHA's "numbers are worse today" than they were in 2008. 

Pulte said he wasn't familiar with Kennedy's statistics, but said he would work on the issue.
2h 29m ago

Cortez-Masto asks McKernan to uphold consumer privacy

Jonathan McKernan
Consumer Financial Protection Bureau Director-designate Jonathan McKernan
Bloomberg News
Sen. Catherine Cortez-Masto, D-Nevada, asked Consumer Financial Protection Bureau Director-designate Jonathan McKernan for his view on access to data and whether he would maintain the confidentiality of supervisory information. She asked McKernan what he plans to do to protect the security of the CFPB's data.

"I would really like to take a close look at how much information the CFPB still has on its server," McKernan replied. "There's been a lot of focus on this issue. I think we need to be focused on both the external and internal risk. We also should be thinking about the risks that China or another adversary gets hold of that information."

Cortez-Masto also asked if McKernan believed that the CFPB should continue to regulate payment platforms.

"Do you believe that one company with a payment platform should be allowed to access confidential information from the CFPB of its competitors?" she asked.

He responded: "If I'm confirmed to the CFPB, I will execute on its responsibility to monitor risks under all the consumer financial laws, both in the banking system and outside, and that would include payment platforms."

2h 40m ago

Warner presses McKernan on worker morale, restitution

Sen. Mark Warner, D-Va.
Sen. Mark Warner, D-Va.
Bloomberg News
Sen. Mark Warner, D-Virginia, asked Consumer Financial Protection bureau Director-designate Jonathan McKernan if he was willing to stand up to Office of Management and Budget Director and acting CFPB director Russell Vought, who along with White House advisor Elon Musk has sought to demoralize federal civil servant workers. 

"I am hugely afraid of OMB Director Vought's attempt to, frankly, terrorize and traumatize the federal workforce," Warner said. "You're going to have to stand up to this. Are you going to be able to stand up to Vought?"

McKernan responded: "I think my record speaks to my willingness to assert my point of view."

Warner then got into a heated exchange by asking McKernan if he would explicitly say whether the CFPB returning $20 billion back to millions of consumers "was good or bad."

"I don't think we should evaluate the success of the CFPB based on dollar numbers or enforcement count," McKernan said. "That's like evaluating an official based on the number of 1,000 calls during a game."

Warner raised his voice and said: "If you can't say $20 billion bucks back to American consumers based upon illicit activity — and listen, I'm notoriously viewed as way too pro- banker on my side of the aisle — let me just give you a little bit of coaching here. Is giving $20 billion back in rebates to American consumers, good or bad?"

McKernan said: "It is very important that we have customer redress as part of the remedies. You've got to make customers whole when they're harmed."

To which Warner responded: "Just say, 'yes.' Restitution is good."
2h 48m ago

Pulte weighs building codes, echoes Trump rulemaking cuts

Sen. Thom Tillis, R-N.C.
Sen. Thom Tillis, R-N.C.
Bloomberg News
Federal Housing Finance Agency Director-designate Bill Pulte briefly spoke on regulations which some industry stakeholders have suggested may be hindering new construction. Sen. Thom Tillis, R-N.C., asked the nominee how the industry could produce more affordable housing in the context of increased regulation.  

Pulte said regulation is necessary depending on municipalities, where some states and cities have more stringent building codes than others, comparing Texas, which has fewer restrictions, to California, which has more. But the designee hinted at slashing rulemaking in the vein of President Trump's Department of Government Efficiency. 

"I think one of the beauties of President Trump is that he's focused on slashing useless regulations, and I expect him to continue to be doing that," said Pulte.

2h 54m ago

Reed presses McKernan on Military Lending Act enforcement

MCKERNAN-JONATHAN-FDIC-BLOOMBERG
Consumer Financial Protection Bureau Director-designate Jonathan McKernan
Amanda Andrade-Rhoades/Photographer: Amanda Andrade-Rho
Sen. Jack Reed, D-R.I., asked Consumer Financial Protection Bureau Director-designate Jonathan McKernan if he planned to enforce the Military Lending Act, and said that many servicemembers have been exploited by financial firms. 

Reed made a grave assessment of the CFPB and said that McKernan had been put in a difficult position by President Trump because the acting CFPB Director Russell Vought, who is also the director of the Office of Management and Budget, has canceled the lease on the CFPB headquarters in Washington and employees, who are currently on administrative leave, "don't have any place to work."

"They've cancelled contracts for expert witnesses that are in ongoing litigation," Reed said. "They've dismissed cases against predatory lenders, including some cases involving the Military Lending Act. They essentially tried to lay off the staff. Indeed, President Trump said that the CFPB was set up to destroy people, and called the CFPB staff a vicious group of people."

McKernan didn't respond, and Reed finished by stating that he didn't appear to have much presidential support. 

"I have this sinking feeling that you're departing Liverpool on the Titanic," Reed said.
2h 57m ago

Pulte hints at reviewing federal housing spending

homebuilding-adobe-365.jpeg
Michael Flippo - Fotolia
Sen. Jack Reed, D-R.I., questioned the Federal Housing Finance Agency Director-designate Bill Pulte if he would uphold the Housing Trust Fund and Capital Magnet Fund, federal programs geared toward affordable housing development. Pulte said he would uphold the statutory programs, and hinted at cost cutting in examining their funding. 

"Are we using the money as wisely as we can?" said Pulte. "I think now having a housing and mortgage person in charge of it, we look forward to, if confirmed, going in and seeing where that money is being spent, and making sure that as many homes are being built as possible through these funds."

3h 2m ago

McKernan will 'follow the law' on reopening, mandatory duties

Jonathan McKernan
Consumer Financial Protection Bureau Director-designate Jonathan McKernan
Bloomberg News
Senate Banking Committee ranking member Elizabeth Warren, D-Mass., wasted no time in seeking answers from Consumer Financial Protection Bureau Director-designate Jonathan McKernan about his plans for fulfilling the bureau's statutory mandates, even though White House advisor Elon Musk "seems hell-bent on trying to kill the Consumer Financial Protection Bureau."

She asked if McKernan would continue to maintain a toll-free number for consumers, and would continue to maintain offices devoted to supporting older Americans, servicemembers and student loan borrowers. 

"How do you plan to run the CFPB, legally, when Elon Musk has told everyone of its 1700 employees to do nothing?" Warren asked. "All 1,700 employees have been locked out of the building and told to do nothing, and if they hear that another employee is doing something to report them."

McKernan would not commit to lifting a stop work order, but said that, "If confirmed, I'm going to follow the law. I'm going to have to get advised on the specifics of the situation there."

Warren responded by saying: "But again, the North Star here is, you have got to follow the law."

"I take that very seriously," McKernan responded.  "I'm going to make sure the CFPB performs each of its statutory functions."

Warren said: "If you follow the law, then we'll all be good."
3h 6m ago

Pulte commits to upholding credit risk transfer market

Senator Mike Rounds, R-S.D.
Sen. Mike Rounds, R-S.D.
Bloomberg News
Sen. Mike Rounds, R-S.D., asked Federal Housing Finance Agency Director-designate Bill Pulte if he would commit to supporting a strong GSE credit risk transfer market to protect the housing finance system. The CRT market was established in 2013. 

"I think anytime you can take risk away from the taxpayers and give it to the private market, is a win," said Pulte. "I would absolutely look forward to working with you on CRT and [making] sure that the taxpayers are always as at least at risk as possible."

3h 14m ago

Pulte touts work addressing housing blight

Sen. Tim Scott
Bloomberg News
Senate Banking Committee Chair Tim Scott, R-S.C., touting Pulte's decades of housing experience, asked him a lone question about his experience with The Blight Authority, a Pulte-backed nonprofit in the Detroit area. Pulte described the organization's efforts to clear out abandoned homes and structures to build safer neighborhoods. 

"It gave me a very deep understanding for ensuring that every American has the opportunity to have a safe home in a safe neighborhood," Pulte said.
3h 35m ago

Scott, Warren set the stakes for high-profile confirmations

Scott Warren
Bloomberg News
Senate Banking Committee Chair Tim Scott, R-S.C., said in his opening statement for a hearing on the confirmation of Consumer Financial Protection Bureau Director-designate Jonathan McKernan and Federal Housing Finance Agency Director-designate Bill Pulte that the CFPB was "allegedly" created to protect American consumers but under the Biden administration "overstepped its authority, burdened businesses with excessive politically driven regulation and drove up costs for consumers."

Ranking Banking Committee Member Sen. Elizabeth Warren, D-Mass., used her opening statement to point out that President Donald Trump pledged to lower grocery prices but instead has allowed billionaire entrepreneur and White House advisor Elon Musk and the Department of Government Efficiency to "sideline the CFPB  to make it easier to scam and cheap people out of their hard earned money."

Warren said she submitted lengthy questions for the record and urged committee chair Scott not to hold a final committee vote until those questions had been answered in full.

Sen. Scott briefly introduced Pulte as a businessman with a deep understanding of the housing market, which will help him address the "broken housing system."

Sen. Warren said she's concerned the FHFA nominee will carry out Trump's plans for the housing finance system which will raise housing costs. She referred to plans to privatize Fannie Mae and Freddie Mac cheered on by the government-sponsored enterprises' shareholders.

"Now a group of Trump's billionaire friends are pushing to privatize Fannie and Freddie so they can make billions of dollars for themselves, and in the process, they could jack up costs for people trying to buy a home," she said.
8h 59m ago

Background on FHFA nominee Bill Pulte

Pulte is the grandson of PulteGroup founder William J. Pulte and heads investment firm Pulte Capital Partners. He's also a philanthropist, touting himself as the "inventor of Twitter Philanthropy."  Tapped to oversee Fannie Mae, Freddie Mac and the Federal Home Loan Banks, he has no prior government experience.

In written testimony for Thursday's hearing, Pulte suggested he would follow Trump's agenda in cost-cutting endeavors and ensuring that "home inventory in the country goes to Americans." He also said conservatorship exit should be done carefully to avoid putting upward pressure on mortgage rates.

The nominee in a financial disclosure revealed at least $190 million in investments spanning his largely Florida-based real estate and housing-related enterprises. That includes stakes in over a dozen heating, ventilation and air conditioning companies and two software businesses. 

Pulte's notable investments include a stake in Youtube personality Jimmy Donaldson's Mr. Beast company between $5 million to $25 million, and a piece of Elon Musk's X platform between $1 million to $5 million. Among the businessman's numerous assets is also between $500,000 and $1 million in Bitcoin.
8h 59m ago

Jonathan McKernan on the "crisis of legitimacy" at the CFPB

MCKERNAN-JONATHAN-FDIC-BLOOMBERG
Consumer Financial Protection bureau director-designate Jonathan McKernan
Amanda Andrade-Rhoades/Photographer: Amanda Andrade-Rho
McKernan, fresh off the Federal Deposit Insurance Corp.'s board of directors, has prior mortgage experience. That includes advising former Republican Sen. Bob Corker of Tennessee on housing finance reform, and aiding the Treasury's Housing Reform Plan in 2019, according to an FHFA biography. The former banking lawyer was a senior counsel for policy at the housing agency.

The prospective regulatory leader in a brief written testimony said the CFPB has been too politicized and suffers from "a crisis of legitimacy."

"It has harmed consumers through higher prices and reduced choice when it has failed to strike an appropriate balance between costs and benefits in prescribing new regulations," wrote McKernan.

Sen. Warren is expected to press McKernan on his views regarding the CFPB's controversial scope, alleged White House influence and future enforcement efforts. Warren, an architect of the bureau, has prepared extensive questioning which touches on rulemaking including the CFPB's recent $5 overdraft fee cap, an $8 credit card fee rule and a medical debt final rule.