Congress moves to restore mortgage lending safeguards for inheriting borrowers
S.J.Res. 146 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-In-Interest". · Filed by Adam Schiff (D-CA) · Introduced Mar 25, 2026 · Referred to committee
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What it does
This resolution uses the Congressional Review Act to block a 2025 CFPB action that withdrew a 2014 consumer-protection rule. The 2014 rule required lenders to verify that borrowers could repay mortgages even when a non-borrowing spouse (successor-in-interest) took over the loan. The CFPB withdrew that rule in May 2025; this resolution disapproves that withdrawal, restoring the ability-to-repay verification requirement and protecting borrowers from predatory lending on inherited mortgages.
Why we flagged it
This is a Congressional Review Act disapproval resolution that restores a consumer-protection rule by blocking its withdrawal. The operative mechanism is procedural (disapproval under 5 U.S.C. ch. 8), but the civic effect is substantive: reinstatement of mortgage lending standards.
What the text implies
- If enacted, this resolution would override the CFPB's May 2025 regulatory judgment and lock the 2014 rule into place unless the CFPB issues a new rule through notice-and-comment rulemaking—a procedural hurdle that may deter future withdrawal attempts.
- The resolution does not address why the CFPB withdrew the rule in 2025; restoring it may create tension with the current CFPB leadership's regulatory philosophy, potentially triggering litigation or renewed withdrawal attempts.
The full analysis lists 3 implications of this text.
Who it affects
Restoring the ability-to-repay rule protects borrowers—especially those inheriting mortgages—from lenders issuing loans they cannot afford. The rule requires lenders to verify repayment capacity before issuing or modifying a mortgage, reducing predatory lending and defaults that harm households.