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September 22, 2016 - Inside Mortgage Finance

Some RMBS Originators are Replacing QC Reviews With Feedback from Whole Loan Investors: Moody’s

Some residential mortgage-backed securities loan originators are moving away from performing internal post-acquisition quality control loan reviews in lieu of obtaining feedback from their whole loan investors, according to a new report from Moody’s Investors Service. “Some aggregators are relying more on their investors for quality control feedback,” said Moody’s. The ratings service identified in particular Redwood Residential Acquisition Corp. and JPMorgan Mortgage Acquisition Corp., which it said “are relying more on feedback from whole loan investors to monitor the quality of due diligence firm loan reviews, as opposed to conducting their own internal reviews, since a large portion of their acquisitions are sold in whole-loan trades.” Moody’s noted...


September 19, 2016 - Inside the CFPB

Other News in Brief

Even Under Trump, Would the CFPB Be Invincible? If businessman Donald Trump wins the White House in November, the CFPB would be in the Republican’s crosshairs for sure. But the bureau’s recent consumer fraud case against Wells Fargo for opening up roughly two million deposit and credit card accounts without authorization has caused such outrage nationwide that it may very well give the controversial regulator a “shield” of sorts. At least that’s what we’ve been…


September 19, 2016 - Inside the CFPB

Bureau Goes After Another For-Profit College with Bridgepoint

First it was Corinthian Colleges, then ITT Educational Services. Now, Bridgepoint Education Inc. has been taken to task by the CFPB over alleged misconduct. Last week, the bureau brought a $31.5 million enforcement action against the for-profit post-secondary education company based in San Diego, accusing it of deceiving students into taking out private student loans that cost more than advertised....


September 19, 2016 - Inside the CFPB

Enforcement Roundup: Congress Eyes Wells Fargo After Bank Busted Over Account Scam

Wells Fargo Chairman and CEO John Stumpf will be on what is expected to be a very hot seat before the Senate Banking, Housing and Urban Affairs Committee tomorrow when he is expected to explain what went wrong at his institution that enabled employees to open more than two million deposit and credit card accounts that may not have been authorized by consumers. CFPB Director Richard Cordray is also scheduled to testify, as is Comptroller of the Currency Tom Curry and ...


September 19, 2016 - Inside the CFPB

CFPB Provides Guidance to CSBS on its Mortgage Rules

The CFPB recently provided some written guidance on its mortgage rules to the Conference of State Bank Supervisors. The guidance, in the form of a letter, highlights some of the important changes to the mortgage rules that likely apply to many of the small lenders that CSBS members supervise. The letter, a copy of which was obtained by Inside the CFPB, came in response to a meeting this spring between Texas Department of Banking Commissioner and CSBS Chairman Charles Cooper, members of the ...


September 19, 2016 - Inside the CFPB

Hensarling Bill Also Would Make Revisions to CFPB Mortgage Rules

H.R. 5983, the Financial CHOICE (Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs) Act by Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, has incorporated the provisions of a number of bills that have either already passed the committee or the full House of Representatives and that would affect ...


September 19, 2016 - Inside the CFPB

Lawmakers Pass Multiple Changes To CFPB, With Industry Support

Republicans on the House Financial Services Committee had enough votes, despite one defection, to pass a comprehensive alternative to the Dodd-Frank Act that includes a host of changes to the CFPB. The most significant them would be replacing the single directorship with a five-member bipartisan commission and subjecting the agency to the congressional appropriations process. The legislative vehicle they used was H.R. 5983, the Financial CHOICE (Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs) Act, formally introduced 10 days ago by committee ...


September 19, 2016 - Inside the CFPB

TRID Was ‘A Beast’ at First, Now ‘A Paper Tiger,’ Experts Say

It’s been almost a year now since the CFPB’s integrated disclosure rule went into effect, and industry participants across the credit spectrum appear increasingly comfortable with the new disclosure regime. But when it first came out, the rule took all the oxygen from the room and caused more fear and anxiety that, in retrospect, appears to be have been justified, according to a handful of experts in the non-prime mortgage origination space. Speaking during ...


September 19, 2016 - Inside the CFPB

TRID 1.0 Blamed for Rise in Mortgage Defects, Study finds

The CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule has been blamed for a lot, including, most recently, producing more defects in mortgage loans. According to a new industry trends report from ACES Risk Management Corp. (ARMCO), a provider of web-based audit technology solutions for the mortgage industry based in Pompano Beach, FL, the industry experienced “a significant decrease in defects” through the second quarter of 2015. However, ...


September 19, 2016 - Inside the CFPB

Life Under TRID: TRID 2.0 Raises Plenty of Issues In Minds of Industry Commenters

Industry trade groups have yet to weigh in on the CFPB’s TRID clarifying rulemaking, but the grassroots rank-and-file have, and many of them are raising more concerns and questions. For instance, Ross Miller, president of Miller Home Mortgage in Metairie, LA, complained that there are no exceptions for the three-day waiting period when there is an emergency. “I had a client whose father was quickly scheduled for open heart surgery,” he said in a comment letter. “The client was ...


September 15, 2016 - Inside Mortgage Finance

HFSC Passes Dodd-Frank Replacement, Bill Would Foster Portfolio Lending, Make Mortgage Changes

The House Financial Services Committee this week marked up, mostly on party lines, a comprehensive alternative to the Dodd-Frank Act that would, among other things, create a legal safe harbor for mortgage loans that are originated by a lender and then held in portfolio on its balance sheet. Democrats unanimously opposed the bill and refused to offer a single amendment, continually railing against Wells Fargo and accusing the Republicans of wanting to take the nation “back to the regulatory Stone Age.” The bill passed...


September 15, 2016 - Inside Mortgage Finance

Originations of Non-Agency Nonprime Mortgages Expected to Increase as Interest Rates Rise

An increase in interest rates will help boost originations of non-agency nonprime mortgages, according to panelists at a webinar hosted by Inside Mortgage Finance this week. Higher interest rates will make it less attractive for prime borrowers to refinance, which could force lenders to look for volume elsewhere, including the nonprime market. Purchase mortgages account for a large share of the nonprime loans originated in recent years and higher interest rates could also increase nonprime mortgages aimed at debt consolidation. Matthew Nichols, CEO of Deephaven Mortgage, said...


September 9, 2016 - Inside Nonconforming Markets

Wells Fined $185 Million for Cross-Selling Practices

Wells Fargo was hit with fines totaling $185.0 million this week for secretly opening unauthorized accounts for customers at the bank. Regulators said the bank’s incentives for cross-selling financial products pushed employees at Wells to open unwanted deposit and credit card accounts for customers of the bank. The fines were imposed by the Consumer Financial Protection Bureau ($100.0 million, the largest penalty ever imposed by the CFPB), the city and county of Los Angeles ...


September 8, 2016 - Inside Mortgage Finance

Title Agents Bash TRID Clarification Proposal, Real Estate Agents Love Getting Access to Docs

Hundreds of industry participants have written to the Consumer Financial Protection Bureau to express their opposition to or support of the bureau’s attempt to resolve some of the ambiguity associated with its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule. Title insurers say the CFPB missed a chance to fix a major problem: confusion about title premium charges. Real estate agents say the bureau is making things better for consumers by allowing lenders to share disclosures. One title insurance professional noted...


September 5, 2016 - Inside the CFPB

Other News in Brief

CFPB Proposes Changes to FOIA Procedures, Treatment of Information; Would Expand Disclosure of Confidential Supervisory Information to State AGs. The CFPB has proposed amendments to the procedures used by the public to obtain information from the bureau under the Freedom of Information Act, the Privacy Act of 1974, and in legal proceedings.... Bank of America Close to Fulfilling Settlement Obligations. Bank of America has conditionally fulfilled more than 91 percent of its obligation to provide $7 billion worth of consumer relief under the terms of its historic mortgage settlement agreement with the U.S. Department of Justice and six states, according to Eric Green, the independent monitor of the agreement...


September 5, 2016 - Inside the CFPB

Industry Trade Groups Bash CFPB’s Controversial Arbitration Proposal

The American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable told the CFPB its controversial arbitration proposed rule “is not in the public interest, is not for the protection of consumers, and is not consistent with the CFPB’s March 2015 empirical study of arbitration,” as their attorneys at Ballard Spahr succinctly summarized their joint comment letter. Further, the groups urged the bureau to withdraw its proposal and to refrain from re-issuing another unless it is consistent with the statutory requirements of Section 1028 of the Dodd-Frank Act. “First, the proposed rule is not ‘in the public interest,’ nor does it meet the requirement to provide for consumer protection, because it would inflict serious financial harm on consumers ...


September 5, 2016 - Inside the CFPB

Bureau Brings $4M Action Against Wells Fargo Over Student Loans

The CFPB recently brought a $4 million enforcement action against Wells Fargo, alleging the bank engaged in illegal private student loan servicing practices that increased costs and unfairly penalized certain student loan borrowers. “Wells Fargo hit borrowers with illegal fees and deprived others of critical information needed to effectively manage their student loan accounts,” said CFPB Director Richard Cordray. The bureau said it identified breakdowns throughout Wells Fargo’s servicing process, such as failing to provide important payment information to consumers, charging consumers illegal fees, and failing to update inaccurate credit report information. One of the CFPB’s charges against the company was that it processed payments in a way that maximized fees for many consumers. “Specifically, if a borrower made a ...


September 5, 2016 - Inside the CFPB

Enforcement Roundup: CFPB Brings $32.25M Action Against First Nat’l Bank of Omaha

The CFPB recently brought a $32.25 million enforcement action against First National Bank of Omaha, alleging deceptive marketing and illegal billing of add-on credit card products that it claimed harmed hundreds of thousands of borrowers. According to the CFPB, from 2002 until at least 2012, First National Bank of Omaha offered add-on debt cancellation products with its credit card, including products dubbed “Secure Credit” and “Payment Protection.” The bureau said the bank promoted these products as providing a monthly payment to the cardholder’s account in the event of certain hardships, such as involuntary unemployment, hospitalization or disability. Cardholders were charged a monthly fee for the products. First National Bank of Omaha also offered credit monitoring products, including “Privacy Guard” and ...


September 5, 2016 - Inside the CFPB

New Mortgage Servicing Rules Will Improve Practices, Aid Market

The CFPB’s final amendments to its 2013 mortgage servicing regulations will enhance the industry’s practices and benefit the non-agency residential mortgage-backed securities market, according to analysts with Moody’s Investors Service. On the other hand, costs are going to go up, and the brunt of that burden will be borne by smaller servicers. “The new CFPB rules set forth multiple timeline requirements, compliance to which will require servicers to implement several system changes,” the analysts said in a new report. “Such changes will likely result in increased automation of servicing processes that will improve overall efficiencies.” However, implementation costs are going to go up because servicers will have to update their technology and adjust staffing levels to meet the new requirements...


September 5, 2016 - Inside the CFPB

CFPB Official Highlights Changes To Mortgage Servicing Rules

Laurie Maggiano, servicing and secondary markets program manager at the CFPB, appeared at a recent forum on housing finance sponsored by the Urban Institute and CoreLogic and highlighted the most significant changes the bureau has made to its 2013 mortgage servicing rules. She began with requests for clarification that servicers themselves made of the CFPB. “There are clarifications that servicers can indeed enter into short-term repayment plans without collecting a complete application document for consumers,” Maggiano said. Also, there is now more flexibility for servicers to stop collecting documents for a particular loss mitigation option when it is evident the borrower is not a candidate for the option. Additionally, the bureau provides clarification on how servicers select a reasonable deadline ...


September 5, 2016 - Inside the CFPB

Candidate Clinton Supports QM Safe Harbor for Portfolio Lending

The presidential campaign of Democrat Hillary Clinton issued a fact sheet indicating that the candidate supports allowing small institutions to enjoy the qualified mortgage safe harbor for portfolio loans. “Before the crisis, Wall Street promoted dangerous mortgage products, even when they knew borrowers might get into trouble, harming countless communities in the process,” said the fact sheet. “But when community banks and credit unions offer mortgages, they’re looking to invest in their neighborhoods and communities to help them grow and prosper. “Clinton supports a proposal put forward by Senate Democrats to expand the safe harbor for QM liability protection to include all mortgages made by community banks and credit unions with under $10 billion in assets – so long as the ...


September 5, 2016 - Inside the CFPB

TRID Compliance Issues Disclosed on New Nonprime MBS

The new nonprime mortgage-backed securities deals from Angel Oak Capital Advisors and Deephaven Mortgage contain a number of mortgages reflecting a range of issues in terms of complying with the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID), a review of the offering documents revealed. Part of the compliance issues stem from the ongoing uncertainty about cures for minor errors. While the CFPB issued a proposed rule in July attempting to clarify some of these TRID uncertainties, and the Structured Finance Industry Group has worked with industry participants on a set of guidelines, it is still not clear whether some TRID errors can be cured. The $132.65 million nonprime MBS from Angel Oak included 251 mortgages subject to TRID, representing 59.4 percent ...


September 5, 2016 - Inside the CFPB

Real Estate Agents Report Mixed Experience With TRID 1.0

The TILA-RESPA Integrated Disclosure rule helped improve communications with no impact on closing times, according to some real estate agents. But other agents reported that the new disclosure rule caused significant delays in closing purchase mortgages. The disparity in findings is contained in the newest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, which asked real estate agents to describe their best/worst experience with lenders this year. TRID, as might be expected, received a number of mentions. An agent in California said lenders have been much better at communication since TRID took effect in October. “I feel that TRID keeps them more aware of the timelines they need to adhere to,” the agent said. And a sales professional in Maryland said homebuyers’ ...


September 5, 2016 - Inside the CFPB

Real Estate Agents Support CFPB Plan to Share Closing Documents

Scores of real estate professionals have written to the CFPB to express their support of the TRID 2.0 provision that would enable the sharing of mortgage origination documents between lenders and real estate professionals. Carol Barkstrom, principal broker/owner at Connections Realty in Richmond, VA, told the CFPB, “Thank God you are proposing to make this change. We as agents being denied access to closing documents has been a huge problem.” Previously, real estate professionals “have always had access to disclosure documents to catch possible mistakes and omissions and to explain the meaning of all the pieces and parts of the closing documents to our selling and buying clients,” she added. However, with the original TRID rule, the bureau’s attempt to ...


September 5, 2016 - Inside the CFPB

Life Under TRID: Title Agents Slam CFPB’s TRID Clarifying Rulemaking

Hundreds of title agents across the U.S. responded in an organized letter-writing campaign and flooded the CFPB’s inbox with negative comments about the bureau’s attempt to clarify a number of issues related to its controversial TILA/RESPA Integrated Disclosure Rule, otherwise known as TRID. One title insurance professional commented that the CFPB missed an opportunity to change the closing disclosure’s calculation of title fees. “Consumers around the country continue to receive inaccurate information at the closing table about their title insurance costs,” she said. “This provision of the rule defeats the bureau’s own mission to provide consumers with a better understanding of their transaction.” The title agent urged the CFPB to fix this problem immediately so consumers will have a clear ...


September 5, 2016 - Inside the CFPB

CFPB Exams of Nonbank Mortgage Lenders Surge 220 Percent

Nonbank mortgage originators continued to feel the heat of scrutiny from the CFPB over the last year, new data show. The number of the bureau’s examinations of non-depository mortgage lenders jumped an eye-popping 220.0 percent as of June 30, 2016, compared with the mid-year mark in 2015, according to data provided exclusively to Inside the CFPB from the agency per a Freedom of Information Act request. Further, in each of the first two quarters of this year, the CFPB examined as many nonbank mortgage originators as it had for the entire second half of last year, the data show. On the other hand, nonbank servicers got a slight reprieve, with CFPB exams falling 66.7 percent year over year (YOY) and ...


August 26, 2016 - Inside Nonconforming Markets

Benefits for Non-Agency Servicing with CFPB Rule

A final rule issued by the Consumer Financial Protection Bureau regarding loss mitigation and other servicing practices will be positive for the servicing of non-agency mortgages, according to Moody’s Investors Service. The rating service said the rule will help standardize and improve servicing practices by increasing automation and clarifying ambiguities in the interpretation of regulatory requirements. Most of the provisions in the new rule will take effect in a year ...


August 26, 2016 - Inside Nonconforming Markets

Some TRID Issues with New Nonprime MBS

The new nonprime mortgage-backed securities from Angel Oak Capital Advisors and Deephaven Mortgage included a number of mortgages with compliance issues relating to the TILA-RESPA Integrated Disclosure rule, according to offering documents obtained by Inside Nonconforming Markets. Part of the compliance issues stem from the ongoing uncertainty regarding cures for minor errors. While the Consumer Financial Protection Bureau issued a proposed rule ...


August 25, 2016 - Inside Mortgage Finance

Steady as She Goes in Subservicing Market but Sector Could be Poised for Growth as Firms Go ‘Capital Lite’

The nation’s subservicers increased their base of contracts to $1.615 trillion in the second quarter, a modest 1.6 percent gain from the prior period, but a handsome 17.0 percent improvement from the same period a year earlier, according to survey figures compiled by Inside Mortgage Finance. Overall, these third-party processing vendors – who split the monthly fee with the actual owner of the servicing strip – control 15.9 percent of all residential mortgage debt in the nation. A year ago the reading was 14.0 percent. And it’s...[Includes one data table]


August 22, 2016 - Inside the CFPB

Other News in Brief

The Federal Deposit Insurance Corp. last week released on its website updated technical assistance videos on the CFPB’s Ability-to-Repay/qualified mortgage rule. “The updated videos provide financial institution management, compliance officers and staff with resources for a better understanding of the current requirements of the ATR and QM rule,” it said. ... CFPB Director Richard Cordray last week responded to two members of the Senate Banking, Housing and Urban Affairs Committee who had recently pressed him to consider exempting small community banks and credit unions from as much of its rulemaking as possible...


August 22, 2016 - Inside the CFPB

CFPB Delayed in Providing PIV for Access to its Networks, OIG Finds

The CFPB is strengthening its identity and access management program and access controls for select systems, but is behind the curve when it comes to supporting the use of personal identity verification (PIV) technology, according to the latest Office of Inspector General review of the bureau’s information security management practices. “[W]hile the CFPB uses multifactor, token-based authentication for remote access to the agency’s network, it has not implemented PIV cards for logical access to the agency’s network and systems,” the OIG report stated. CFPB officials told the OIG that the bureau is making progress in implementing PIV. “However, implementation has been delayed due to the prioritization of competing initiatives and the timing of the agency’s transition from the U.S. Department ...


August 22, 2016 - Inside the CFPB

Student Loan Borrowers Run Into Problems With IRD Plans: CFPB

Student loan borrowers are encountering difficulties when they try to file an application for income-driven repayment (IDR) plans, according to the CFPB’s midyear update on student loan complaints, which was released late last week. Since 2009, the vast majority of borrowers with federal student loans have a right under federal law to set their monthly student loan payments based on their income. For borrowers who are unemployed or earn low wages, these IDR plans provide for a “payment” as low as $0 per month. “Many borrowers depend on student loan servicers to inform them about the availability of IDR options and for processing borrowers’ enrollment in these plans,” said the bureau. “This report observes that borrowers encounter obstacles when submitting ...


August 22, 2016 - Inside the CFPB

Debt Collection Outline Suggests CFPB Intends to Cast a Wide Net

While much of the lending industry was captivated and consumed with TRID 2.0 and mortgage servicing amendments two weeks ago, the CFPB used the occasion of a public field hearing to preview its pending debt collection rule by circulating an outline of proposals under consideration in the run-up to conducting a small business review panel. The proposals the bureau is mulling over would increase protections pertaining to third-party debt collectors and others covered by the Fair Debt Collection Practices Act, including many debt buyers. “As part of its overhaul of the debt collection marketplace, the CFPB plans to address consumer protection issues involving first-party debt collectors and creditors on a separate track,” the agency said. More specifically, among the new ...


August 22, 2016 - Inside the CFPB

CFPB Considering Registration System for Nonbank Institutions

The CFPB is considering whether to propose a rule that would require registration of nonbank financial institutions, according to a Request for Information (RFI) the bureau posted on the Federal Business Opportunity website recently. As part of this process, the bureau is considering whether to procure a comprehensive and interactive online web-based registration system. “Such a system would allow nonbank financial institutions supervised or regulated by the CFPB to apply for, amend, update, or renew a registration online using a single set of uniform applications and would allow the CFPB to process these registration applications and amendments through automated workflows,” according to the RFI. Such a potential registration system might also be used to collect financial and operational data as ...


August 22, 2016 - Inside the CFPB

Does TRID Definition of Application Trigger HMDA Reporting? Maybe

One mortgage lender recently inquired of Michael Goldhirsh, director of legal and regulatory compliance for the Lenders Compliance Group, as to whether the definition of “application” in the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID) triggers or otherwise affects reporting under the Home Mortgage Disclosure Act. In a recent blog posting, he replied: “The short answer is that receipt of some or all of the six pieces of TRID application information does not necessarily trigger an application for purposes of HMDA reporting.” Goldhirsh went on to explain that Regulation C defines an application for HMDA reporting purposes as an oral or written request for a home purchase loan, a home improvement loan, or a refinancing that is made in accordance with ...


August 22, 2016 - Inside the CFPB

Most Small Lenders Felt Rushed by CFPB’s SBREFA Process, GAO Finds

Most of the small-entity participants in the review processes run by the CFPB before it came out with four major mortgage rules felt they were hurried by the process and unsatisfied with the final results, the Government Accountability Office said in a recent report. The GAO took a look at the experience of the 69 Small Business Regulatory Enforcement Fairness Act (SBREFA) panel participants involved in evaluating the likely effects of the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID), the mortgage servicing regulation, its loan originator compensation rule, and the Home Mortgage Disclosure Act regulation. Of the 57 small-entity representatives GAO interviewed, “two-thirds stated not enough time was allotted to discuss at least one of the topics on the panel agenda ...


August 22, 2016 - Inside the CFPB

Non-QM Lending Stuck in Funk, Investor Demand Improves a Bit

A National Association of Realtors survey of mortgage originators during the second quarter of the year found that lending outside the parameters of the qualified mortgage standard remains in the doldrums, even though there appeared to be a slight improvement in demand from investors for such loans. Survey participants were asked to provide the percentage share of their production for safe-harbor QM loans, rebuttal-presumption QM loans, and non-QM loans. Respondents indicated that a whopping 93.2 percent of production was in the safe-harbor QM space during 2Q16, up from 89.9 percent in 1Q16. That gain came at the expense of the other two categories. Production of rebuttable-presumption QMs fell from 9.9 percent in the first quarter of the year to 6.7 percent ...


August 22, 2016 - Inside the CFPB

Life Under TRID: Delays Ease, Costs Rise, Smaller Loans Less Desirable

The CFPB’s TILA/RESPA Integrated Disclosure Rule continues to have mixed results, at least from the perspective of the nation’s mortgage originator community. According to the recently released results of a survey by the National Association of Realtors of mortgage originators during the second quarter of 2016, delays attributed to TRID eased between the first and second quarters of the year, as did lenders’ reluctance to offer pre-approval letters, while cancellations ticked up. Originators were asked, since April 1, what share of their company’s mortgage transactions had been delayed or cancelled due to a TRID-related issue versus non-TRID issues. Mortgages delayed due to TRID ticked barely down, from 1.8 percent in 1Q16 to 1.7 percent in 2Q16. In the fourth quarter ...


August 18, 2016 - Inside Mortgage Finance

Most Small Entities Felt Rushed by CFPB’s SBREFA Process, Unsatisfied With Final Mortgage Rules

Most of the participants in the review processes instituted by the Consumer Financial Protection Bureau prior to issuing four major mortgage-related rules felt rushed by the process and unsatisfied with the final results, according to a report from the Government Accountability Office. GAO reported on the experience of panel participants involved in analyzing the likely effects of the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID), the mortgage servicing regulation, its loan ...


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