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Survey Shows Lenders Lukewarm About Disrupting QM Regulation

May 14, 2018
Mortgage lenders spent a considerable amount of money implementing the qualified-mortgage rule, and many are not keen about a major overhaul, according to a survey by Strategic Mortgage Finance Group. Some 54 percent of 122 respondents to the survey favored no or only modest changes to QM rules. There was little variation between banks and independents, or large and small lenders. However, lender attitudes on regulatory change vary significantly with the size of ...
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House Votes to Kill Auto Lending Guidance, Payday May Survive

May 14, 2018
The House last week voted to kill the CFPB’s auto lending guidance, but the chances of a similar override of the bureau’s payday rule are fading, attorneys said. In a 234-175 vote, the House repealed Obama-era CFPB guidance on indirect auto lending that subjected auto dealers and others to liability for discriminatory price markups. The Senate passed the Congressional Review Act resolution last month, and President Trump is expected to sign the rollback. Congress used the CRA ...
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Democratic AGs to Rely More on Their Own Investigative Powers

May 14, 2018
Democratic state attorneys general urged the CFPB not to back away from its investigative powers but promised to fill the gap if the federal agency does so. A group of 16 Democratic state AGs led by California’s Xavier Becerra recently sent a letter in response to the CFPB’s request for information on civil investigative demands. In the letter, they opposed any efforts to curtail the CFPB’s civil investigative demand authority. “As our state’s chief law enforcement officers ...
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Rulemaking Agenda Suggests A Restrained Role for CFPB

May 14, 2018
The CFPB made significant changes to its rulemaking agenda in 2018, signaling a weakening role for the bureau in the financial services market. The agency released its spring 2018 rulemaking agenda last week. Noting that it’s under interim leadership pending the appointment and confirmation of a permanent director, the bureau said it is prioritizing meeting specific statutory responsibilities, continuing “selected rulemakings that were already underway,” and reconsidering ...
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Democrats and Ethics Group Call For Investigation into Mulvaney

May 14, 2018
A group of Democratic senators is asking the U.S. Office of Special Counsel to investigate whether Acting CFPB Director Mick Mulvaney violated the Hatch Act. The acting director last month said to bankers that he “had a hierarchy” in his office in Congress and only talked to lobbyists who gave him financial donations when he was a member of the House of Representatives from South Carolina. “It raises troubling questions about whether his statements ran afoul of the Hatch Act ...
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Industry Wants Less Adjudication, While Consumer Groups Want More

May 14, 2018
In response to the CFPB’s second request for information on adjudication proceedings, industry groups want more cautious and fair adjudications, while consumer advocates oppose any scale-back of enforcement through adjudications. The 2010 Dodd-Frank Act, which created the CFPB, allows the bureau to enforce consumer financial protection laws through two different means. One is to file an action in U.S. district court, and the other is to initiate an adjudication proceeding ...
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Other News in Brief: Reg Relief Bill; Permanent Director; Enforcement Against Nationstar; Richard Cordray

May 14, 2018
The House Could Vote on the Reg Relief Bill By Memorial Day. House Speaker Paul Ryan, R-WI, last week said the House will take up S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, as currently written and free from amendment. “We’ve got an agreement to be moving different pieces of legislation,” Ryan said. “So, we will be moving [S. 2155]. We’re also going to be moving in the Senate a package of bills that we think [Includes four briefs] ...
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Coming Uniform MBS Could Have Side Effects for Fannie, GSE Cautions

May 11, 2018
Moving toward a uniform MBS for the two government-sponsored enterprises is widely viewed as a good thing for bond investors – and the mortgage industry at large – but it creates new potential risks if things go haywire, according to Fannie Mae.
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Fannie Mae and Freddie Mac Report Strong $7.2B Profit in 1Q

May 11, 2018
GSE earnings bounced back to a profitable status, as expected, in the first quarter, with Fannie Mae and Freddie Mac reporting a combined $7.2 billion profit. That number is up from the $9.4 billion earnings hit the GSEs took last quarter due to tax reform that went into effect in December 2017. [Includes one chart.]
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Investors Unite Disappointed at Lack of Reform 10 Years Later

May 11, 2018
Fannie Mae and Freddie Mac are in their 10th year of conservatorship and GSE shareholders rights group, Investors Unite, complained about reform still being in limbo. “No one in Washington has answers to fundamental questions about the future of affordable housing, the 30-year mortgage, and basic rights of shareholders,” said IU. Yet, the group noted that the GSEs continue to funnel their earnings to the Treasury Department, per the terms of the net worth sweep. In June, Fannie expects to pay Treasury a $938 million dividend payment.However, IU said the GSEs could be at risk for another taxpayer-funded bailout as long as the Trump administration delays needed reform “and allows the Obama Treasury Department’s net-worth sweep to remain in place.”
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