The U.S. House passed a bill Thursday supported by credit union trade groups that would make it easier for credit unions to sell title insurance and other services along with mortgages they originate.

The Mortgage Choice Act (H.R. 1153) passed by a 280-131 vote. Voting yes were 228 Republicans and 52 Democrats. All those voting no were Democrats. It now goes to the Senate.

The bill was one of several the House Financial Services Committee approved last November as part of its plan to break Chairman Jeb Hensarling's (R-Texas) Financial CHOICE Act into smaller pieces to make it more palatable to the Senate

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Dan Berger, president/CEO of the National Association of Federally-Insured Credit Unions (NAFCU) thanked the bill's sponsors: Reps. Bill Huizenga, R-Mich., and Gregory Meeks, D-N.Y.

"Consumers deserve affordable mortgage options and this bill, by fostering more competition, will help ensure that," Berger said. "We appreciate all representatives who recognized these benefits and voted in favor of H.R. 1153, and we encourage their counterparts in the Senate to do the same."

The National Association of Realtors also supports the bill.

Consumer groups oppose the bill, saying the current law provides a reasonable standard to protect homebuyers from being gouged.

The bill would adjust Truth in Lending Act (TILA) mortgage rules by exempting from the qualified mortgage cap on points and fees any affiliated title charges and escrow charges for taxes and insurance.

CUNA President/CEO Jim Nussle said the bill aligns with CUNA's bipartisan, pro-consumer Campaign for Common-Sense Regulation.

"The Mortgage Choice Act is a common-sense piece of legislation that would bring more consistency to the lending process, providing consumers with more access to mortgage credit and more choices in credit providers," Nussle said. "This has seen bipartisan support in this and the previous Congress, and CUNA will continue our work to move it forward in the process."

Qualified mortgages cannot have a points and fees value of more than 3% of the loan amount. The bill would change the calculation to remove escrowed homeowners' insurance premiums and title insurance purchased from a company affiliated with the lender. Purchases from a non-affiliated title insurer already do not count against points and fees.

Groups opposing the measure include Center for Responsible Lending, Consumer Action, Consumer Federation of America, Leadership Conference on Civil and Human Rights, the NAACP, National Association of Consumer Advocates, National Consumer Law Center and the National Fair Housing Alliance.

In a letter they sent Tuesday, they urged House members to oppose the bill, saying it would create a loophole that would allow unscrupulous lenders to inflate costs.

"This bill reintroduces some of the higher fees borrowers faced in the lead up to the mortgage crisis; fees that the new mortgage rules were designed to prevent. Congress should refrain from weakening the QM rule and reject this bill," they wrote.

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Jim DuPlessis

Jim covers economic data trends emerging for credit unions, as well as branch news and dividends.