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More CFPB-Related Legislation Making its Way Through Congress

December 4, 2017
Overshadowed by all the drama associated with the resignation of CFPB Director Richard Cordray and the struggle over who is to serve as his temporary replacement was some potentially significant legislative activity on Capitol Hill. A number of bills were recently introduced or are in the process of facing votes that could affect the CFPB, some of its rulemakings and the regulations it enforces. Rep. Sean Duffy, R-WI, chairman of the House Financial Services Subcommittee on Housing and Insurance, and Sen. Mike Enzi, R-WY, chairman of the Senate Budget Committee, late last week introduced bicameral legislation to restrain the CFPB’s rates of pay. Specifically, the legislation, H.R.4499, the CFPB Pay Fairness Act, would require the director of the bureau to ...
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New Leadership Can Address Industry’s HMDA Concerns: HPC

December 4, 2017
The mortgage industry continues to have serious consumer privacy and data concerns with the CFPB’s Home Mortgage Disclosure Act proposed guidance. But with new leadership in place, the bureau has a great chance to deal with the issues in a more appropriate manner, according to the Housing Policy Council of the Financial Services Roundtable. With new Acting Director Mick Mulvaney in place, the bureau could change course, electing to satisfy the statutory obligation to follow a formal rule-making process and also reconsidering the CFPB’s position regarding the disclosure of loan-level data, according to Ed DeMarco, president of FSR’s HPC. “Securing sensitive consumer data is a top priority for the financial industry,” said DeMarco, the former chief of the Federal Housing ...
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Industry Again Urges Pivot from Regulation by Enforcement

December 4, 2017
As the CFPB prepares to move forward with a new strategic plan – which may well be revised, now that Mick Mulvaney is in charge – the mortgage industry again called on the bureau to move beyond “regulation by enforcement.” Instead, it should provide more of the detailed guidance lenders and servicers and other participants need to fully comply with the agency’s rules and regulations and best serve consumers, top industry representatives said. In a recent comment letter to the bureau, the Mortgage Bankers Association noted that the CFPB is at an inflection point in 2017. Now it can “pivot and focus its resources on providing supervision and binding, authoritative guidance that helps responsible parties, including those in the mortgage industry, comply ...
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CFPB, VA Warn Military Personnel About Deceptive Refi Offers

December 4, 2017
The CFPB and VA recently issued their first WARNO, or “warning order,” to members of the U.S. armed forces and veterans with VA home loans, urging them to stay on their toes and avoid deceptive mortgage refinance offers. “If you have a VA home loan, then there is a good chance that you have already come into contact with unsolicited offers to refinance your mortgage that appear official and may sound too good to be true,” the two agencies said. Many of these solicitations promise extremely low interest rates, thousands of dollars in cash back, the ability to skip mortgage payments, and no out-of-pocket costs or waiting period. “Don’t be fooled,” the CFPB and VA said. “Before responding to any ...
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Sen. Warren Questions Mulvaney About Double Duty at CFPB, OMB

December 4, 2017
Sen. Elizabeth Warren, D-MA, wrote to Don McGahn, White House counsel, and CFPB Acting Director Mick Mulvaney, in his capacity as director of the Office of Management and Budget, last week for answers to questions she has about Mulvaney and other OMB personnel simultaneously serving at the consumer bureau. First, she wanted to know what staff from OMB or elsewhere in the Executive Office of the President (EOP) have accompanied Mulvaney to the CFPB. She requested a complete list of all such staff, their title at OMB or in the EOP, and their title at the CFPB. Warren also sought the authority under which these individuals are working at CFPB. “Have these individuals been appointed to CFPB, or detailed to ...
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Other News in Brief/Republican Senators Threaten to Undo CFPB Rules Under English

December 4, 2017
Republican Senators Threaten to Undo any CFPB Rules Issued Under an English Regime. Last week, nine senators said they would work to invalidate any new rules promulgated by the bureau if Leandra English prevails in her attempts to unseat and replace the bureau’s acting director, Mick Mulvaney.... Mulvaney Taps Hensarling Aide. Is the Congressman Next? CFPB Acting Director Mick Mulvaney has named House Financial Services Committee Senior Counsel Brian Johnson to serve him as a senior adviser, late-breaking press reports indicated. ...
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Redwood Trust CEO Marty Hughes to Retire Next Spring, Will Remain as an Advisor

December 4, 2017
Paul Muolo
According to figures compiled by affiliate Inside Mortgage Finance, Redwood ranked 11th among all non-agency jumbo producers through Sept. 30 with a volume of $2.99 billion.
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New Amendment in GOP Tax Bill Spares Adverse Treatment for Mortgage Servicing Income

December 4, 2017
Brandon Ivey
The MSR-saving amendment fixing the tax language was offered by Sen. Mike Rounds, R-SD...
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3Q17 Mortgage Buyback Activity Higher at Freddie, Lower at Fannie

December 4, 2017
John Bancroft
GSE buyback activity has trended lower over the past two years…
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As ‘Zero Capital’ Day Approaches, Senate Moves to Create a GSE Bill

December 4, 2017
Paul Muolo
Lobbyists and others tracking the effort told this newsletter that those who’ve been shown the legislative language have taken a non-disclosure vow…
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