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CSBS Says ATR Hurts Community Banks, Pushes Portfolio Loan QM

August 14, 2017
The Conference of State Bank Supervisors told the CFPB that the ability-to-repay /qualified mortgage rule has negatively affected financial institutions that, because of their proximity to the local community, rely on more flexible underwriting and determination of ability to repay. “State regulators continue to support the principles that drive the ATR/QM rule, but have several recommendations to better tailor the rule commensurate to the community bank business model,” the CSBS said in its comment letter on the bureau’s proposal to begin assessing the rule. Citing Federal Deposit Insurance Corp. data, the regulators noted that since 2010, 1,173 community banks have either left the residential mortgage lending space or extensively restricted those business lines. Rural Lending is Suffering “Although this decline ...
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Trump DOJ Expected to Enter Ocwen’s Dispute With CFPB

August 14, 2017
Given the Trump administration’s expressed interest in scaling back federal regulation and giving corporate interests greater freedom to conduct their business as they see fit, political and legal observers expect the Department of Justice to respond in the affirmative to a recent judicial invitation to formally opine on Ocwen Financial’s dispute with the CFPB. The nonbank mortgage servicer recently asked Judge Kenneth Marra with the U.S. District Court for the Southern District of Florida to invite the U.S. attorney general to appear and to participate in the company’s challenge to the constitutionality of the bureau.“There are at least two clear reasons to invite the attorney general to participate here,” said the company. “First, inviting the views of the attorney ...
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Its Investigation Now Complete, CFPB Tells Zillow: Settle or Else

August 14, 2017
The CFPB has told Zillow, the online real estate database firm, to settle with the agency over alleged violations of the Real Estate Settlement Procedures Act or face an enforcement action, the company revealed last week in its 10-Q filing with the Securities and Exchange Commission. “Based on correspondence from the CFPB in August 2017, we understand that it has concluded its investigation,” the firm said in its SEC disclosure. “The CFPB has invited us to discuss a possible settlement and indicated that it intends to pursue further action if those discussions do not result in a settlement.”At issue are certain co-marketing activities, which Zillow defended. “We continue to believe that our acts and practices are lawful and that ...
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Briefs: Political Update/Enforcement Roundup/Vendor Update

August 14, 2017
Will He? Won’t He? Run for Governor of Ohio, That Is. The top consumer regulator in the land, Richard Cordray, head of the CFPB, has until 4 p.m. Feb. 7, 2018, to file the necessary paperwork to run in the Ohio gubernatorial primary in May of next year. Current Republican Gov. John Kasich is term-limited and will have to vacate the governor’s mansion at the end of 2018.... CFPB Fines JPMorgan Chase $4.6 Million for Alleged Failures Related to Checking Account Screening Information. The CFPB recently brought an enforcement action against JPMorgan Chase Bank, alleging that it violated the Fair Credit Reporting Act by not having adequate policies in place regarding the accuracy of information it provided to nationwide specialty consumer reporting companies about individuals’ checking account behavior....
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Freddie Mac Picks up the Pace in CRTs During 2Q17

August 14, 2017
John Bancroft
Freddie Mac issued $2.11 billion of new Structured Agency Credit Risk notes, an impressive increase of 35.6 percent…
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Short Takes: More Disclosures from Walter / KBW on Ocwen / You Need a Budget, Now / Supreme Wants to Hire 100 LOs / New Hires for Greystone

August 14, 2017
Paul Muolo
Industry consultant Joe Garrett, in a new company newsletter, says he’s still bothered that “so few mortgage companies” don’t have budgets.
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GSE Lenders Reach for Refi Business in 2Q17 by Loosening the Credit Box

August 14, 2017
John Bancroft
The pronounced shift from refinance to purchase lending made for major changes in overall risk distribution during the second quarter.
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TRID Related Deadlines for Amendments, Comments Now Set

August 14, 2017
Thomas Ressler
The TRID amendments, which were finalized in July, codify the CFPB’s informal guidance on various issues and makes additional clarifications and technical amendments.
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KBW Weighs in on GSE Earnings, PSPA Lawsuits, Says Stocks are Worth $1 Each

August 14, 2017
Paul Muolo
Although Fannie and Freddie continue to earn money hand over fist, their common shares are probably worth just $1 a piece, according to a new research report…
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California Bank Cuts Mortgage Staff as Refis Decline

August 14, 2017
Brandon Ivey
Provident noted that overcapacity is putting pressure on origination margins…
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