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PHH Succeeds in Fending Off Intervenors in Dispute with CFPB

February 13, 2017
PHH Corp. won another round against some new antagonists in its dispute with the CFPB over alleged violations of the Real Estate Settlement Procedures Act. Earlier this month, a three-judge panel of the U.S. District Court of Appeals for the District of Columbia Circuit agreed with the lender and refused to allow three separate efforts to intervene in the case. In a simple, single-page order, the three judges “ordered that the motions be denied.” The ruling affects an effort by Sen. Sherrod Brown, D-OH, and Rep. Maxine Waters, D-CA, to insert themselves in the case on behalf of the CFPB. The lawmakers had warned the appeals court that if their effort to intervene was denied, they would seek recourse from ...
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John Doe Co. Action Another Test of CFPB’s Investigative Authority

February 13, 2017
The unusual recent case of an unidentified finance company filing suit to prevent the CFPB from disclosing its investigation of the firm, and from bringing any action against it unless and until the agency is restructured in line with the U.S. Constitution, is “yet another challenge to the CFPB’s vast investigative and enforcement authority,” according to two attorneys with the Hudson Cook law firm. “This is a new front in the battle against CFPB overreach,” the pair said in a client note. The stakes here can be high. “Companies facing a CFPB investigation often confront a difficult choice of complying with the investigative demand or fighting the CFPB’s authority,” said the attorneys. “But challenging the CFPB is an uphill battle ...
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Other News in Brief

February 13, 2017
Hensarling Threatens to Use Budget Reconciliation Process to Push Through CHOICE Act 2.0. Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, raised some industry eyebrows last week when details of his new, more aggressive Financial CHOICE Act got leaked to the press, and he indicated he might use the budget reconciliation process to push the bill through Congress.... CFPB Brings Legal Action Against Debt Relief Law Firms, Attorneys. The CFPB recently sued Howard Law PC, Williamson Law Firm LLC, and Williamson & Howard LLP, as well as attorneys Vincent Howard and Lawrence Williamson, in federal court, accusing them of collaborating to charge illegal fees to consumers looking for debt relief....
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Judge Rejects Government Efforts To Keep Docs Privileged

February 13, 2017
After the government stalled on a September ruling to turn over close to 60 documents regarding the GSEs’ net worth sweep, a judge rejected its appeal. The court ordered the government to disclose the bulk of the documents to the plaintiff’s attorneys in Fairholme Funds Inc. v. United States. The U.S. Court of Appeals ruled in favor of Fannie Mae and Freddie Mac investors, upholding Judge Margaret Sweeney’s earlier decision. The government is to release all…
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Are GSE Loan Sellers Finally Easing up on Credit Standards?

February 13, 2017
John Bancroft
In the purchase market, GSE sellers appeared to reach to qualify more borrowers…
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JPMorgan Readies Large Non-Agency MBS Including Many Conforming Jumbo Mortgages

February 13, 2017
Brandon Ivey
Contributors to deal include Quicken Loans and United Shore Financial Services, both top-ranked nonbank originators...
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Can Walter/Ditech Find a Path Forward?

February 13, 2017
Paul Muolo
Institutional investors tend to avoid any stocks that are priced below $5 a share. At press time, Walter’s stock was trading at $3.40.
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Money Manager Senator Investment Cuts Stake in Radian to Zero

February 13, 2017
Paul Muolo
Radian recently reported net earnings of $61.1 million for the fourth quarter…
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IMA and Phoenix Capital Hit Market with New MSR Deals

February 13, 2017
Paul Muolo
Phoenix Capital is offering a private jumbo MSR portfolio sized at $216 million…
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Short Takes: Mark Calabria, a Player in GSE Reform? / Don’t Worry, Commercial Banks Will Fill the Void / What’s an ‘Excess Reserve’ To Do? / Fed Governor Tarullo Calls it Quits

February 13, 2017
Paul Muolo
The Cato Institute is a conservative think tank and a quick read of Calabria’s blog makes it sound like he favors getting the government out of the MBS guaranty business...
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