Reasons to buy

+

Easy to use

+

Multi-platform

+

Work on multiple levels

+

Can easily import 3D objects

Reasons to avoid

Not all objects installed initially

Occasionally awkward navigation

DreamPlan is the best home design software if you want powerful tools and simplicity of use. 

The interior design program, out for Windows and Mac, helps you create buildings on multiple levels, furnish them with a library of 3D models, and customize homes inside and out. Yes, that even includes landscape design. It’s built to let you easily make modifications and alterations.

But, in our review, what we really liked about one of the best home design software tools is that it’s “designed to make it easy to make modifications, and even goes out of its way to help you understand the app’s inner workings.”

Trace Mode will be especially handy for those with existing floorplans. These can be imported into the home design software and turned into a 3D model.   

DreamPlan features commercial and home licensing options – priced at $50 and $40 respectively, but check for regular discounts. So, it has a powerful enough toolset to use on a professional basis. But it’s intuitive enough for beginners. 

For those just starting out with the best interior design software, the built-in video tutorials help you understand the inner workings of the app – just look for the subtle blue camera icon. 

Read our full DreamPlan review.

The best browser-based interior design software

(Image credit: Dassault Systemes)

The best interior design app when you’re on-the-go

Specifications

Operating system: Browser, Android, iOS

Plan: Free, Subscription

Reasons to buy

+

Simple to use

+

Huge customisation

+

Can design an entire house for free

Reasons to avoid

3D pan can make some objects temporarily disappear

Long rendering times for low res photorealistic images 

HomeByMe is one of the best interior design apps for when the ideas are racing. It’s browser-based – even mobile browsers are supported – and has Android and iOS apps, so you can map out thoughts for your home whenever and wherever inspiration strikes.

Since the interior design tool is cloud-only, you’ll need to stay connected to use it. During our time with the home design software, we were impressed that “HomeByMe offers a very affordable service with a myriad of options. We particularly appreciated the fact that the free plan doesn’t appear to limit your design options, and lets you work on up to three different projects.” 

However, we were less impressed with the time it took to render low-res images. Worse, we found the free account pastes a giant watermark all across the image, rendering the effect pointless. HD images are rendered in minutes, and don’t have that watermark.

The platform offers three packages: free, one-time purchase, and monthly subscription. It’s a good way to see which works for you, as the free plan doesn’t appear to limit your design options, and lets you work on up to five projects. 

The limit on the number of HD photorealistic images (1920x1080px) is somewhat compensated by offering an unlimited number of lower quality ones (640x360px). You can also place real-world, branded products in your rooms for extra realism. 

HomeByMe has a lot to offer. If you’re not too fussed about those images, you can explore and create very complex designs with ease.

Read our full HomeByMe review.

The best interior design software for mobile

(Image credit: MagicPlan)

Best interior design software for Android and iOS

Specifications

Operating system: Browser, Android, iOS

Plan: Subscription

Reasons to buy

+

Easy to use

+

Free mobile app

+

Two free projects

+

Professional Report and Estimate tools

Reasons to avoid

AR appears to struggle when furniture is in the way

No desktop app

MagicPlan is one of the best interior software kits for busy creatives and contractors. 

When we reviewed the home design app, we liked its “easy to use features, an interesting AR option, and an original way of generating estimates for work needed to be done. The monthly subscriptions could pay for themselves if designing if your business, and it also offers you two free projects for casual users to explore as well.” 

Like HomeByMe, it lets you build designs from your browser, or within the Android and iOS apps. The free solution lets you design two projects. A monthly subscription is needed to unlock MagicPlan’s full capabilities.

You’ll find three tools in one: Sketch, Report, and Estimate. Essentially, tiered subscription packages that offer additional features. 

Sketch lets you create interior designs – and, for home users, that’s likely enough. Professional designers will appreciate the inclusion of reporting and estimating tools. Enterprise licensing is also available. 

One of the best interior design software tools here is the AR-enabled ‘Scan with Camera’. This lets you scan and measure the room you’re in – although we suspect this augmented reality feature would function a lot better in an unfurnished space. 

Read our full MagicPlan review.

Best interior design software: FAQs

What is interior design software?

best 3D printers. 

Time is a considerable factor. Even some of the best interior design software takes a long time to render concepts, especially when using photorealistic images. It’s a natural price to pay for high-resolution 3D designs. For some, speed may trump quality.

Check the system requirements for the software  In certain cases, highly professional interior design computer programs require high-performance computers. In this case, you may need a machine comparable to the best laptops for architecture students or the best laptops for engineering students.  These are build to smoothly run complex CAD designs. 

Check the price (and pricing model), too. Some options, like HomeByMe, offer free, paid-for, and subscription versions of its home design software. Others offer only one pricing model, so choose the one that best suits your creative budget.

How we test the best interior design software

We’ve tested a massive range of creative apps, including the best digital art and drawing software and the best graphic design software. But whether we’re testing out the top tools for 3D design or the best software for interior decorating, we follow the same fair and rigorous review process. 

When testing the best interior design software for homes, we’re looking to see how easy the experience is, how powerful the tools are, and how well the software performs. Designing in 3D can often take its toll on computers, after all. 

Asset library sizes are a factor — interior design tools should make your creative ideas a reality, not just a loose approximation. We’re also reviewing these design apps based on use. Unlike consumer software, professional-grade tools offer more advanced features, but might also have steeper learning curves and more expensive pricing models. So, we assessed how well the interior design program delivers for its intended market – whether they’re professionals or personal users. 

Essentially, when we test the very best interior design software for ourselves, we expect to see it work for its intended audience — whether they’re professional interior designers or creative enthusiasts. 

During our tests across the best home design software tools, we first set up an account with the relevant software platform, whether as a download or online service. We then tested each app using a handful of files to see how the software for interior design could be used for creating indoor spaces from scratch, bearing in mind issues such as ease-of-use, professional viability, and performance.

Get in touch

Source: techradar.com

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Fair Lending Compliance, HELOC Products; Training and Events; FICO News

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Tue, Jul 2 2024, 11:36 AM

Cracker Jacks, Quaker Oats, Ferris Wheels, and 1893 Chicago have something in common. World’s Fairs, and World’s Expos, have pretty much gone away due to financial issues. A lot has happened since then, financially, and otherwise. Equifax was founded in 1899. The modern credit card, able to be used at various merchants, was developed in the 1950s, when many of today’s loan officers were entering the business. (Ok, just kidding.) FICO (legal name: Fair Isaac Corporation) began in 1956. FICO’s latest news came out yesterday with Encompass Lending Group and Equity Resources, Inc. being the latest to adopt FICO® Score 10 T. Meanwhile, the Mortgage Bankers Association and others have stated that credit-related price hikes have cost lenders & consumers hundreds of millions of dollars. FICO’s executives are well paid. FICO’s stock, at around $1,500 per share, has a price earnings ratio at around 77 (versus the S&P 500 average of around 25) although the only product with any great revenue growth is mortgage credit scores. (Other lines are flat or mediocre.) Observers suggest that Fair Isaac may only have two choices going forward: keep raising mortgage credit score prices even higher or watch its stock price plunge. Some give it near-monopoly status; American Economic Liberties Project’s Matt Stoller uses the word “cartel” when it comes to Experian, TransUnion, Equifax, and FICO. (Today’s podcast is found here and this week’s is sponsored by Bundle, the attorney-prepared legal documents company that is dedicated to the real estate, mortgage, and title industries. Fuel your operations and execution of documents from deeds to subordinations to assignments, and everything you need for any order, in one bundled price; receive 20 percent off using the code “Chrisman” at checkout. Hear an Interview with FirstClose’s Tedd Smith on a new national consumer survey that explored homeowners’ level of awareness of home equity and how it could be used to pay down higher interest credit card debt.)

Lender and Broker Services, Products, and Software

Spring EQ Wholesale is thrilled to unveil a new and unique product to the second mortgage industry: The FIXLINE product. FIXLINE is a fixed-rate HELOC, giving borrowers the flexibility of a line of credit with the stability of a fixed-rate loan. Register for its webinar taking place today, where their team will explore the ins-and-outs of the new FIXLINE product! Spring EQ is also excited to announce a recent addition to their TPO leadership team, Reno Heine. Reno joins Spring EQ as the SVP of TPO, bringing more than 25 years of mortgage industry experience. The need for home equity solutions is surging among borrowers, so make sure your business is prepared to meet this demand by partnering with the experts in home equity at Spring EQ. Interested in a wholesale partnership? Click here. Second mortgages are Spring EQ’s specialty, so think of them first for all your seconds.

Uncovering Fair Lending Risk to Build a Stronger Fair Lending Program! Preventing and detecting discrimination with an active fair lending compliance management system (Fair Lending CMS) is essential for every financial institution (FIs). FIs don’t just have a moral obligation to prevent and detect discrimination… They also have a legal obligation. Lending practices or programs that negatively impact a protected class can result in fines or enforcement actions, even if the discrimination was unintended. Ncontracts’ latest whitepaper introduces the key components of a fair lending compliance management system, discuss common fair lending mistakes, and highlight essential considerations when conducting a fair lending risk assessment to build or strengthen the institution’s overall fair lending program. Download the free whitepaper to learn more.

Events, Training, and Webinars

A good place for longer term conference planning is to start is here for in-person events in the future.

Today the 2nd at 11am PT, two veteran LOs discuss all things mortgage with Industry Leaders. Mortgage Pros 411 with Audrey Boissonou and Kevin Casey. And I get to join in!

Register now for FAMPChat Summer Series presented by the Central Florida FAMP Chapter beginning July 2nd, register now for all 10 sessions.

On Wednesday, July 10 at 11:00 am, NMMLA will present “The current and future state of Digital Mortgages” with Guest Speaker, Robert Pathman.

Thursday the 11th will be another episode of The Big Picture at 3PM ET… Rich Swerbinsky is interviewing the fabled Kevin Peranio of PRMG!

National MI: Leading a Team​​with Andrew Oxley – July 11th at 2pm ET.

Friday the 12th will see an episode of The Mortgage Collaborative’s Rundown with Melissa Langdale and me covering current events in the mortgage market for 30 minutes starting at noon PT, 3PM ET.

The Ultimate Mortgage Expo returns to New Orleans July 10 – 11. Join OCN in the Hotel Monteleone for a jam-packed event featuring 2 days of sessions and 2 days of exhibition hall opportunity. Also, come earlier on July 10 to enjoy complimentary access to the Mortgage Star Conference for women. Enjoy free access to this can’t-miss event using the code OCNFREE.*

Join Servbank’s cohosted webinar with the Mortgage Bankers Association on July 11 at 1-2p ET to learn how handling thousands of service transfers has gotten Servbank’s transfer plan down to a science. With a battle-tested plan and a laser-focus on customer experience, the painless service transfer is a reality. Register for the webinar today! The webinar is free for non-members by creating an account and entering the campaign code “SERVBANK100” at checkout.

On June 20, federal regulators published new quality control standards for automated valuation models (AVMs). The standards focus especially on safeguarding the credibility and integrity of AVMs to support fair lending practices and non-discrimination in real estate property valuations. Attend a complimentary webinar hosted by ICE for an insightful panel discussion with leading valuation experts. The webinar, “New quality standards for AVMs – are you ready?” will take place Tuesday, July 16, from 2 – 3 p.m. ET. Save your seat today.

Join ACES EVP, Nick Volpe and ACES President, Phill McCall on July 17, 11:00 AM – 11:45 AM PDT for a QC NOW webinar as they take a deeper dive into these analytics and how it aligns with the current state of the industry and how to best navigate through the volatile financial landscape.

Join NAMB and Freddie Mac on Wednesday, July 17, from 2pm – 3:30pm ET for Self Employed-The Basics, to get started learning about the self-employed borrower. This introductory session is designed to provide you with the information you need to complete your analysis and to enhance your processes for underwriting self-employed borrowers, with a focus on the sole proprietor.

Newrez Correspondent offers a comprehensive training curriculum on Newrez products and processes, to keep your staff informed of the latest developments in products, technology solutions, compliance issues and process improvements. Each of these programs is offered by its training and development staff on a monthly basis and is updated regularly to reflect recent changes in the industry.

National MI upcoming July 2024 webinar sessions. How to Plan and Attack the Week for Loan Officers with Dr. Bruce Lund – July 18th at 1pm ET. Become an Open House Success Partner ​​​​​with Rebecca Lorenz – July 23rd at 1pm ET. Mortgage Industry Updates Impacting the Balance of 2024 and Beyond ​​​​​with Scott Weghorst, July 25th at 2pm ET.

Thursday July 18th will another episode of The Big Picture at 3PM ET… Rich Swerbinsky is interviewing the Stan Middleman from Freedom Mortgage.

Monday, 5 August 9:00 AM – Tuesday, 6 August at 6:00 PM PDT join the California Association of Mortgage Professionals on August 5th -August 6th for its Annual Summer CAMP at Hyatt Regency Newport Beach, 1007 Jamboree Road, Newport Beach, California. Attorney Brian Levy will be the featured speaker!

“Join me and other leaders in the Michigan mortgage industry at the MMLA Annual Lending Conference, August 14 – 16 @ Boyne Mountain Resort. Go to www.mmla.net for all the registration and sponsorship information. I hope to see you there!”

August 19-21 will see the California MBA’s Western Secondary at the Terranea Resort in Southern California. Come say hi!

Whether you’re an appraiser, educator, or you work for an AMC, lender, tech company, or E&O insurance firm, the Valuation Expo 2024 is your premier opportunity to stay up to date with industry advancements and meet the people at the forefront. Don’t miss the chance to learn, network, and prosper. Register for Valuation Expo at Caesars Palace in Las Vegas, August 19th – 21st.

“NAMMBA CONNECT 2024, August 21-23, is calling for speakers who can inspire and empower our diverse community of mortgage professionals. Whether you specialize in innovative technology, leadership strategies, or industry trends, we invite you to join us in shaping the future of the mortgage industry. Submit your proposal through this speaker application form and be a catalyst for meaningful dialogue and growth.”

The MISMO Fall Summit is in Reston, Virginia, August 26-29 for a jam-packed program filled with presentations and strategy sessions focused on some of the most pressing issues in the industry. In-person and virtual attendance options are available. Early bird pricing extends through July 15, but space is limited, so register before it’s too late.

September 4-6 the NY MBA is taking over the Turning Stone Resort Casino in Verona, NY with a slate of top-notch speakers and information.

Register for the New England Mortgage Bankers two-day conference, September 11-13 in Portsmouth NH. Hear from a range of speakers, learn about new technologies and products, join golf and social events.

There’s the upcoming 2024 Pacific Northwest Mortgage Leaders Conference is Sunday, September 22 – Tuesday, September 24 at the Seattle Grand Sheraton. As the industry continues to evolve through technology, innovation, and adaptation, the conference will present an impressive lineup of local and national industry leaders who will share insights on critical topics impacting the mortgage industry.

“Loan Vision is excited to announce that registration is now OPEN for its 2024 Loan Vision Innovation Conference (previously the Loan Vision User Conference). With a focus on innovation, growth, and doing more with less, our new and improved annual conference is taking place in Chicago, Illinois from Monday, September 23rd – Wednesday the 25th. This conference will deliver highly recognized names in mortgage banking as our speakers, enhanced social networking events, and a fresh agenda for both executives and users and will be aimed at redefining industry standards and setting a new benchmark for excellence. If you’re interested in sponsoring this event, please contact Haleigh Heilman. To learn more about this conference, register, and book your hotel, please visit here.”

Registration has opened for the reverse mortgage industry’s biggest event of 2024, NRMLA’s Annual Meeting & Expo, September 24 from 1PM through September 26 at 12:00 pm, at the Hard Rock Hotel San Diego.

MBAC’s 68th Annual Convention is October 6-8 at the Embassy Suites in Myrtle Beach, SC. It is always worthwhile!

Capital Markets

Bond yields (read: mortgage rates) rose to the highest levels since late May yesterday to begin this holiday-shortened week that will likely be marked by low trading volumes. The jump in yields occurred a day after the first round of voting in France’s parliamentary elections suggested that the National Rally far-right party scored a smaller win than some polls had expected.

At home, President Biden’s widely derided performance in last week’s debate has put increased pressure (read: downward prices) on Treasuries, as a potential President Trump win is bringing anxiety into markets for a variety of reasons having to do with fiscal policy, tariff policy, and immigration policy. There is also mainstream media chatter that a Trump administration in 2025-2028 will be more inflammatory for rising budget deficits than a Biden administration.

In terms of cold hard data (read: not media speculation), the June ISM Manufacturing Index suggested there was a faster pace of contraction in the manufacturing sector last month than in May, signaling subdued activity for the manufacturing sector that fits with the narrative of a slowing economy. This was the third straight month, and 19th out of 20, that economic activity in the manufacturing sector contracted.

Total construction spending decreased 0.1 percent month-over-month in May, as expected, following an upwardly revised 0.3 percent increase (from -0.1 percent) in April. Total private construction was down 0.3 percent month-over-month while total public construction was up 0.5 percent month-over-month. On a year-over-year basis, total construction spending was up 6.4 percent. The restrictive effects of tight monetary policy are becoming increasingly apparent across the construction industry, despite the construction market having navigated the higher interest rate environment relatively well, thus far.

Keep in mind that the big data point this week is the June jobs report on Friday, which is expected to show the unemployment rate rising to the highest level since late 2021, despite a decent monthly gain in payroll employment. Payrolls are expected to come in +190k from the previous release’s +272k pace. More people are returning to the workforce, and there is slower job-finding among newly laid-off workers. Initial and continued claims have trended upward over the last few weeks, with initial claims trending at the highest level since last September and continued claims at the highest since December 2021.

Today’s economic calendar has little: Redbook same store sales for the week ending June 29, Fed Chair Powell’s participation in a panel discussion at the ECB Forum on Central Banking in Portugal, JOLTS job openings for June will be released, and Treasury will conduct several short-duration Treasury auctions. The May Job Openings and Labor Turnover Survey (JOLTS) is expected to show another step down in job openings and a cool rate of hiring across nonfarm industries. We begin the day with Agency MBS prices a few ticks better than Monday afternoon, the 10-year yielding 4.45 after closing yesterday at 4.48 percent, and the 2-year at 4.76.

Employment

“First Horizon Announces Mortgage Warehouse Lending Group leadership transition!

After joining First Tennessee in 1998, Bob Garrett, Executive Vice President of First Horizon’s Mortgage Warehouse Lending Group (MWL) is retiring. At a time when the company had a small footprint and little name recognition outside of Tennessee, Bob and his team were pioneers in the development of our national brand. Today MWL operates as one of the largest and best warehouse lenders in the nation and has funded over $1 trillion in mortgage loans under Bob’s leadership. Scott Walker, MWL Director of Business Development, will assume leadership of the business as Co-Director immediately and report to David Popwell. Bob will continue to assist Scott until his departure December 31, ensuring a smooth transition. Scott joined MWL in 2004 as a Relationship Manager and has since held several management roles. After joining the company, he quickly emerged as a significant contributor and well-regarded leader. “Bob’s legacy of excellence will not be forgotten as it serves as a building block for continued success,” said David Popwell, President of Specialty Banking. “We are fortunate to have Scott step into this role, a proven leader with the depth of experience and commitment to the company needed to continue to excel in this space. We wish Bob all the best in his retirement.”

Patrice Ficklin, who has led the Consumer Financial Protection Bureau’s fair lending office since 2011, is leaving the CFPB to rejoin Fannie Mae. She’s an expert in bureaucracy: Ficklin has been the CFPB’s only fair lending director through seven acting and permanent directors, setting up the agency’s Office of Fair Lending & Equal Opportunity, responsible for the oversight and enforcement of fair lending laws. She has helped coordinate efforts with the Department of Justice to rein in redlining and introduced new rules and guidelines aimed at curbing the impacts of racial bias on home valuations. Kate Berry with American Banker reminds us that, “Ficklin previously served as Fannie Mae’s associate general counsel for nearly a dozen years.” She is rejoining Fannie as its new fair lending officer.

 Download our mobile app to get alerts for Rob Chrisman’s Commentary.

Source: mortgagenewsdaily.com

Apache is functioning normally

Last night’s presidential debate disappointed some trade groups by only briefly touching on how the two contenders will address housing affordability, even though other indicators suggest there could be stark differences in their approaches.

Upon being asked about the strain of rising home prices, President Biden said actions he’s taking in line with that aim include his efforts to lower broader inflation, something former President Trump also said he’d tackle.

In addition to fighting inflation, Biden said he plans to increase housing supply by “making sure we build 2 million new units” and capping rents. 

The candidates also faced a question about the still-wide homeownership divide between Black voters and white households, with both candidates calling the concern a product of inflation and Biden saying he’ll continue taking steps to narrow the gap.

“For example, I provided the idea that any Black family first-time homebuyer should get a $10,000 tax credit,” Biden said, also pointing to broad efforts he’s made to prevent discrimination. President Trump, in contrast, rolled back fair lending rules during his term.

Although Realtor.com reported that the scant mention of housing wasn’t entirely surprising as it was in line with past debates between the two candidates, the omission was out of line with voter interest. 

A recent poll from online real estate brokerage Redfin found that 53.2% of households said their election decision will be influenced by housing affordability. The candidates did face some questions about it, but only President Biden addressed the topic directly.

Also, a national survey from the University of Michigan and the Financial Times found that Americans’ financial ability to afford a home ranked as a top concern by a nearly equal 70% share of Democrats, Republicans and independent voters alike. 

In light of that, Ralph McLaughlin, a Realtor.com economist, said he had hoped for, “more discussion about your house, and less about the White House.”

Similarly, Carl Harris, chairman of the National Association of Home Builders, issued a comment following the debate stressing a need for the presidential candidates to address the housing supply shortage and implement solutions. 

“The housing affordability crisis is a top national concern and Americans will take notice why the presidential candidates said very little on how to make homeownership and renting more affordable,” Harris said in a press release.

Builders are looking for efforts that would increase inventory, Harris said.

“With a nationwide shortage of roughly 1.5 million housing units, the only way to bring down rising housing costs is to put in place policies that will allow builders to increase the housing supply,” he added.

Harris also suggested some other strategies the presidential candidates should work with lawmakers on to alleviate stresses on housing construction and affordability challenges for consumers. 

“The administration and Congress must address excessive regulations, support trades education to alleviate a severe labor shortage in the construction industry that is delaying home building projects, and oppose restrictive, mandatory building codes that significantly raise housing costs and provide little energy savings to consumers,” he said, referring to some items in a set of recommendations the NAHB has.

Source: nationalmortgagenews.com

Apache is functioning normally

This morning’s most notable scheduled event and biggest potential market mover was the release of May’s PCE price index, the Fed’s favorite inflation metric. Indeed the biggest volume spike and most directional movement of the day followed that data faithfully, helping yields move to the lowest levels of the past 3 days.  But things changed a short while later with a reasonably big sell-off to the highest yields of the week, all without any overt justification in terms of data or new news.  Combine it with the fact that Treasury performance is vastly different across the yield curve and this is a classic symptom of month/quarter-end trading.

To visualize the yield curve movement mentioned above, consider a chart of10yr and 2yr yields with equal y axes. Note the 10yr spiking much quicker than 2s during this morning’s sell-off.

Some smart people are considering the possibility that bonds are reacting to the presidential debate and that the improved odds of a Trump victory somehow precipitated this selling.  In our view, that’s hard to justify considering the random mid-morning timing despite an absence of similar trading earlier in the day.  It’s not as if traders changed their minds about the debate implications during this time.  On the other hand, it lines up quite well with past examples of month/quarter end trading on Fridays.

What does this mean for the future?  Nothing.  It’s just an explanation of this morning’s otherwise perplexing volatility.

Source: mortgagenewsdaily.com

Apache is functioning normally

The opinion overturning Chevron deference was written by Chief Justice John Roberts (bottom left) and joined by Justices Samuel Alito (bottom right), Neil Gorsuch (top right) and Brett Kavanaugh (top right), as well as Justices Clarence Thomas and Amy Coney Barrett (not pictured).

Eric Lee/Bloomberg

The Supreme Court on Friday overturned a major legal precedent requiring judges to defer to federal regulatory agencies’ interpretation of ambiguous statutes. The 6-3 ruling reduces the power of a wide range of executive branch agencies, including bank regulators, to interpret laws.

The 40-year-old legal doctrine — known as Chevron deference, named for the 1984 Supreme Court decision in Natural Resources Defense Council v. Chevron establishing the precedent — had long frustrated companies in regulated industries because it limited their ability to sue agencies over their interpretations of broad or vague legal authorities. 

The doctrine often meant that regulators could write broader, more costly rules than regulated companies believed were warranted. Its demise is expected to open the floodgates to a wave of litigation challenging such rules.

But the end of Chevron deference could be a double-edged sword for banks, according to industry lawyers, because the Supreme Court’s decision will also make it easier for advocacy groups and state attorneys general to challenge rules they oppose, which would introduce more uncertainty for banks.

The ruling by the high court’s conservative majority, written by Chief Justice John Roberts, held that the Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority. Courts have the option to defer to an agency’s interpretation of an ambiguous law, but the court said the firm requirement that it must is incorrect.

“The deference that Chevron requires of courts reviewing agency action cannot be squared with the APA,” Roberts wrote. “Perhaps most fundamentally, Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities. Courts do.

“Chevron has proved to be fundamentally misguided,” he continued in an opinion joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. “And its flaws were apparent from the start, prompting the Court to revise its foundations and continually limit its application. Experience has also shown that Chevron is unworkable.”

The court’s decision encompassed two cases: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The cases involved fishermen in New Jersey and  Rhode Island who claimed the National Marine Fisheries Service could not impose a fee requiring federal observers on herring boats, based on the applicable law.

In a dissenting opinion, Justice Elena Kagan wrote that for 40 years, Chevron deference has served “as a cornerstone of administrative law, allocating responsibility for statutory construction between courts and agencies.”

“This Court has long understood Chevron deference to reflect what Congress would want, and so to be rooted in a presumption of legislative intent,” wrote Kagan, who was joined by Justice Sonia Sotomayor. “Congress knows that it does not — in fact cannot — write perfectly complete regulatory statutes.”

Justice Ketanji Brown Jackson joined the dissent in one of the two cases but was recused from the other because she took part in it as a federal appeals court judge.

Banking trade groups reacted favorably to the court’s ruling.

“This is an important win for accountability and predictability at a time when agencies are unleashing a tsunami of regulation — in many cases clearly exceeding their statutory authority while making it harder for banks to serve their customers. We will continue to fight to ensure that bank regulators follow the law every time they exercise their powers,” the American Bankers Association said in a written statement. 

Going forward, lawyers said, federal agencies will be under greater scrutiny, giving industry actors more opportunities to challenge agency rules and interpretations of the law.

“The decision could be viewed as putting regulated communities on a more equal footing with the agencies,” said Varu Chilakamarri, a partner at the law firm K&L Gates.

Eugene Scalia, a former Trump administration Labor secretary and prominent corporate litigator, said that the Supreme Court’s decision on Friday is part of a broader trend in which courts are applying more scrutiny to agencies’ exercise of their legal authority.

Scalia has been hired by the Bank Policy Institute, which represents the nation’s largest banks, to advise on potential legal challenges to a Federal Reserve proposal for higher capital standards that has drawn fierce pushback from the industry.

He said Friday that “all regulators are wise to be more careful than they’ve been” in recent years “to make sure they’re acting within the authority Congress gave them, and they’re giving thoughtful consideration when the public tells them what its concerns are.”

The stakes appear to be particularly high for the Consumer Financial Protection Bureau. The CFPB has a reputation as being more aggressive than some other federal agencies, and during the Biden administration, the bureau has found its rules routinely challenged in court.

The CFPB said Friday that it is reviewing the ruling and declined to comment.

The CFPB’s interpretations of laws will now be subject to “heightened attack,” said Joe Lynyak, a partner at Dorsey & Whitney.

“Courts around the country may be inundated with private parties who may now litigate and relitigate an agency interpretation, including creating conflicting decisions by lower courts,” Lynyak said.

Eamonn Moran, senior counsel at Norton Rose Fulbright, said the rollback of Chevron deference may result in the overturning of regulations such as the CFPB’s $8 credit card late fee rule. But he also cautioned about potential downsides for banks.

“While there may be now more opportunity for the plaintiff’s lawyers to try to undo regulations through court challenges, industry may now be faced with lack of predictability and compliance challenges,” Moran said.

Leah Dempsey, co-chair of the financial services practice at the law firm Brownstein Hyatt Farber Schreck, pointed to what she described as challenges for regulated companies stemming from the court’s decision, in addition to the opportunities.

In an interview before the decision was released, Dempsey said that companies are always looking for clarity on how to operate, and argued that the demise of Chevron could limit the ability of agencies to provide such clarity.

Kate Judge, a professor at Columbia Law School, wrote in a social media post that banks, like many businesses, “may see Chevron’s fall as a win, but the Chevron doctrine was central in facilitating deregulation.”

“The result today does not mean less regulation; it just ensures more uncertainty about the obligations the law imposes on regulated entities,” Judge wrote on X, formerly known as Twitter.

The National Community Reinvestment Coalition is one of the progressive groups that may become more aggressive in suing over regulations it dislikes. The group’s chief policy counsel, Eden Forsythe, predicted that in the wake of Friday’s decision, “cynical corporate lobbyists” will try to undermine important regulatory safeguards.

“We can’t let that become a one-sided fight. If the courts are declaring open season on regulatory decision-making, then we have to make sure corporate America aren’t the only ones fighting,” Forsythe said. “Where regulatory outcomes have not been good enough to protect our communities, economic and environmental justice organizations should be aggressive in pursuing positive change.”

Joann Needleman, an attorney at the law firm Clark Hill, noted that many laws that affect the financial services sector are decades old, so they don’t provide clear guidance about how companies may use newer technology. It has long been up to regulators to fill in those gaps.

Needleman said that following the demise of Chevron deference, she can foresee litigation by consumer advocates challenging regulations that CFPB established regarding the use of modern communications technologies by debt collectors. The CFPB’s 2020 rule implementing the Fair Debt Collection Practices Act addresses the use of email and text messages by debt collectors.  Advocates have opposed parts of the regulation.

Needleman, who is a former president of the board of directors of the National Creditors Bar Association, said in an interview before the court’s decision was released that the CFPB’s rule provides a modern interpretation of a decades-old law.

“A lot of what the CFPB did around that regulation was really helpful,” she said.

Kyle Campbell contributed to this report.

Source: nationalmortgagenews.com