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AGs from 15 States Back PHH in CFPB Case, Citing Constitutional Issues

March 14, 2017
Thomas Ressler
The AGs claimed that the CFPB’s governance structure violates the separation of powers in ways that directly undermine the interests of federalism.
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Short Takes: Purchase-Mortgage Apps Increase / Hearing on National Flood Insurance Program / More 'Daily Simple Interest' MBS / Foreclosure Inventory Normalizes

March 14, 2017
Brandon Ivey
Applications for mortgages related to purchases of new homes in February increased by 16.0 percent from the previous month.
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Volume of Mortgages Serviced by Banks for Others Declines in 2016, Driven by Big Banks

March 13, 2017
John Bancroft
Virtually all the shrinkage in 2016 took place among the four megabanks with over $1 trillion in assets: Wells Fargo, JPMorgan Chase, Bank of America and Citibank.
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Lenders Cite Cost, Implementation as Barriers to Use of New Technology

March 13, 2017
Carisa Chappell
About one-third of the lenders surveyed by Fannie currently use technology service providers and another third are investigating next-generation technology service providers.
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CarVal Investors Includes Unique Mix of Loans in $395 Million Non-Agency MBS

March 13, 2017
Brandon Ivey
In addition to re-performing mortgages, Mill City Mortgage Loan Trust 2017-1 included some home-equity lines of credit and newly originated mortgages.
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Request from Consumers for Changes to Phone-Contact Standards Would Interfere with Mortgage Business, CMC Warns

March 13, 2017
Brandon Ivey
Anne Canfield cautioned that if the FCC adopts the changes requested in the petition, lenders would largely be prohibited from calling distressed borrowers.
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Short Takes: New Risk-Sharing Deal from Fannie / Lender Settles Discrimination Claims with HUD / New Residential Issues Non-Agency MBS / Fitch Affirms Ocwen's Ratings

March 13, 2017
Brandon Ivey
Fannie Mae is preparing to issue a Connecticut Avenue Securities risk-sharing transaction relating to mortgages with an unpaid principal balance of $39.99 billion.
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The Government, As Expected, Switches Sides in PHH Case

March 13, 2017
The Trump administration has subtly signaled its support for PHH Corp. in the mortgage lender’s long-running dispute with the CFPB over alleged violations of the Real Estate Settlement Procedures Act. In recent days, the Department of Justice asked the U.S. Court of Appeals for the District of Columbia Circuit for permission to file an amicus brief in the case by March 17, one week after the deadline the court had given PHH to file its response to the court’s decision to grant the CFPB’s request for an en banc rehearing.The court has since granted the administration’s request for the one-week extension. In its request, the Justice Department said, “As this court recognized in calling for the views of the ...
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Multiple State AGs Detail Their Support of PHH in Case With CFPB

March 13, 2017
The attorneys general of 15 states came to the defense of PHH Corp. and related parties in their case with the CFPB over the agency’s interpretation and enforcement of the Real Estate Settlement Procedures Act.The AGs of Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Nevada, Oklahoma, South Dakota, Texas, West Virginia and Wisconsin focused on the constitutional issues in the case, with not a single mention of the statutory questions related to the act. The AGs made three major arguments in support of PHH’s position. First, they asserted that the separation of powers plays a critical role in preserving the division of authority within the federal system, and the CFPB’s governance structure violates the separation of powers ...
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PHH Corp. Makes its Case Again In RESPA Dispute with CFPB

March 13, 2017
PHH Corp. and related parties again made a full defense of their position in their legal struggle with the CFPB over alleged misconduct under the Real Estate Settlement Procedures Act. PHH made five primary arguments to the U.S. District Court of Appeals for the District of Columbia Circuit, the first of which was that the CFPB is unconstitutionally structured and must be invalidated. …
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