Advocacy Update: MBA Issues MAA Call to Action to Repair Senate Housing Bill
ACT Now: MBA Issues MAA Call to Action to Repair Senate Housing Bill
Last week, MBA issued a Mortgage Action Alliance (MAA) Call to Action urging members to contact their U.S. Representative to ensure that four troubling provisions within the Senate-passed 21st Century ROAD to Housing Act are fixed as the House prepares its response. ACT NOW!
• The Senate passed the 21st Century ROAD to Housing Act (H.R. 6644, as amended) overwhelmingly on March 12. The House is now weighing how to craft a bipartisan response to that Senate product.
Why it matters: While the most current Senate bill includes several measures intended to improve housing affordability and supply, MBA does not yet fully support the housing package in its current form because there are four sections that require correction before the legislation is enacted. MBA is calling for fixes to:
• Section 602: Would expand FHA’s consumer disclosure requirements to include Department of Veterans Affairs (VA) loan pricing comparisons. Stakeholders note that lenders already provide this information through existing processes, and the new mandate could be costly without improving consumer outcomes.
• Section 101: Would require servicers of all government backed loans to provide “foreclosure mitigation” counseling to any borrower who becomes 30 days delinquent. It would also require the FHA Mutual Mortgage Insurance Fund (MMIF) to pay for counseling across multiple federal programs, raising concerns about whether this use of the MMIF is appropriate or permissible.
• Section 901: Purports to ban institutional investors owning more than 350 units from purchasing ANY additional single-family housing. However, the definition of “single-family home” in the current text applies to rental townhomes and other attached units. Although there are carve-outs for certain types of build-to-rent transactions, they come with a requirement to dispose of those holdings after seven years – with existing previously built-to-rent properties and existing contiguous multifamily “horizontal” properties not explicitly exempted.
• Section 213: Was intended to raise Federal Housing Administration (FHA) multifamily loan limits for the first time since 2003. However, drafting errors in the current text would instead force FHA to lower those limits, undermining the section’s original purpose.
What’s next: To participate in the MAA Call to Action, visit mba.org/maa or text “MBAAction” to 50457 to contact your Representative and urge them to repair the four sections of the Senate bill. This process will take you less than a minute, and when you take action, you will automatically join or renew your free MAA membership for the year.
• MBA remains engaged with lawmakers in both chambers of Congress (on both sides of the aisle) and with key administration officials – while pressing the House to make refinements to the four problematic provisions.
For more information on the housing package, please contact Bill Killmer at (202) 329-1894.
For more information about the MAA alert, please contact Jamey Lynch, AMP at (202) 557-2818.
Second Circuit: Federal Law Preempts State Mortgage-Escrow Interest Laws
On Tuesday, the U.S. Court of Appeals for the Second Circuit in Cantero v. Bank of America, N.A. issued a 2-1 decision holding that the New York law that requires mortgage servicers to pay at least 2 percent interest on mortgage-escrow accounts is preempted by the National Bank Act as applied to national banks.
• The Second Circuit’s decision in Cantero conflicts with the First Circuit’s decision in Conti v. Citizens Bank, N.A. and the Ninth Circuit’s decision in Kivett v. Flagstar Bank, FSB, holding that Rhode Island and California escrow on interest laws are not preempted by the National Bank Act.
Why it matters: MBA has consistently been involved in these cases, filing amicus briefs arguing that state interest on escrow laws are preempted by the National Bank Act.
What’s next: The Second Circuit’s decision follows the U.S. Supreme Court’s recent requirement to conduct a nuanced review of state laws to determine National Bank Act preemption. The existence of contrary decisions in different jurisdictions — known as a circuit split — and newly articulated standard of review may result in the Supreme Court resolving the issue of interest on escrow preemption.
For more information, please contact Justin Wiseman at (202) 557-2854 or Alisha Sears at (202) 557-2390.
Register for Thursday’s Quarterly Briefing with MBA Leaders
This week— May 11–15 — MBA members across the country will mobilize for MAA Action Week, a focused, nationwide push to engage policymakers, share real‑world industry stories, and influence the future of real estate finance. This is the moment to step up. SIGN UP now to lead a campaign at your company or state association and help grow MBA’s FREE grassroots network of industry professionals. Your participation strengthens our collective impact and ensures our voice is heard.
REGISTER: On May 14 (Thursday) at 3pm ET, MBA is hosting a MAA Action Week Special Edition & Quarterly Briefing with MBA President and CEO Bob Broeksmit and SVP of Legislative & Political Affairs Bill Killmer for a timely update on our association’s public policy/advocacy priorities. Register today at mba.org/maaactionweek.
Why it matters: A strong grassroots campaign does more than raise awareness — it builds a lasting advocacy engine that drives progress well beyond Action Week. When companies mobilize their teams, participation grows, momentum builds, and policymakers hear directly from the professionals shaping the residential mortgage landscape. With more than 100 organizations joining us last year, 2026 is our opportunity to establish a new benchmark.
• MBA provides ready‑to‑use resources—email templates, social content, active MAA rosters, and more—making participation simple and efficient.
What’s next: Let’s make this milestone year truly monumental. Complete our sign-up form, and receive campaign materials delivered straight to you.
For more information, please contact Jamey Lynch, AMP at (202) 557-2818.
Upcoming MBA Education Webinars on Critical Industry Issues
MBA Education continues to deliver timely single-family programming that covers the spectrum of challenges, obstacles and solutions pertaining to our industry. Below, please see a list of upcoming and recent webinars – all complimentary to MBA members:
• Closing the Performance Gap: What Top-Tier Mortgage Lenders Do Differently – May 13
• State of the Market: Tech Trends Shaping the Future of Mortgage Lending – May 14
• FHA Credit Watch Program: Revisiting Delinquency Trends and Remediation – May 14
• Structuring the SAR Narrative: A Four-Part Framework That Works – May 19
• Unlocking Opportunity: Innovative Solutions for Affordable Housing in Overlooked Markets – June 9
• New and Evolving Loss Mitigation Options – June 10
MBA members can register for any of the above events and view recent webinar recordings by clicking here.
For more information, please contact David Upbin at (202) 557-2931.
