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Another Angle on the ‘Constitutionality’ of the CFPB: Revealing CID Targets

January 31, 2017
Thomas Ressler
The company’s motion arises in an unusual procedural context…
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Analysts Raise Concerns About New Residential’s Hunger for MSRs

January 31, 2017
Paul Muolo
Keefe, Bruyette & Woods is worried about the prepayment risk that comes with owning so much Fannie Mae/Freddie Mac servicing rights…
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Nonbank GSE Servicing Growth for 2016: A Whopping 18.5 Percent

January 31, 2017
John Bancroft
The largest Fannie/Freddie servicers are still Wells Fargo, JPMorgan and Bank of America, but all three continue to shrink their exposure to GSE product...
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Cerberus Affiliate Readies $2.1 Billion Non-Agency MBS Backed by (Very) Seasoned Loans

January 31, 2017
Brandon Ivey
All of the loans are current, though Fitch noted that 20.4 percent are “dirty current,” having experienced recent delinquencies or incomplete pay-strings…
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Also in Brief: Other Regulatory News

January 30, 2017
OCC Revises CRA Asset Thresholds for Small and Intermediate Small Banks and Savings Associations. Earlier this month, the Office of the Comptroller of the Currency revised the asset-size threshold amounts used to define “small bank,” “small savings association,” “intermediate small bank,” and “intermediate small savings association” under the Community Reinvestment Act. ... OCC Adjusts Civil Money Penalties for Inflation. Late last week, the Office of the Comptroller of the Currency announced it was adjusting the maximum amount of each civil money penalty within its jurisdiction. ...
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Other News in Brief

January 30, 2017
Republicans Again Introduce Legislation to Change CFPB Leadership Structure to a Board. Republican Sens. Deb Fischer (NE), Ron Johnson (WI) and John Barrasso (WY), recently introduced S. 105, legislation that would replace the CFPB’s single-director leadership structure with a bipartisan, five-member board. ... Cordray Assures CFPB Staff Re: PHH Dispute in October Email. In an Oct. 17, 2016, email to “all hands” at the CFPB, a copy of which was obtained by Inside the CFPB, the agency’s director, Richard Cordray, offered some words of reassurance in light of the decision by the three-judge panel of the District of Columbia Circuit Court of Appeals that found the bureau’s leadership structure was unconstitutional. ...
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Successor-in-Interest Confirmation Process a Challenge for Servicers

January 30, 2017
Putting in place a successor-in-interest confirmation process that complies with the CFPB’s updated mortgage servicing rules is going to be a big hurdle for mortgage servicers to overcome, according to attorneys with the Bradley law firm. “Arguably the most significant element of the recent amendments to the existing mortgage servicing regulatory framework by the CFPB is the new structure that has been laid out for dealing with potential and confirmed successors in interest,” the attorneys said in a recent online blog post.As they see it, fully complying with the new rule is going to require a significant amount of institutional exertion, no matter a servicer’s size. “One of the more time-intensive – and therefore costly – aspects of the rule is ...
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JPMorgan Chase Settles DOJ Allegations of Bias for $53M

January 30, 2017
JPMorgan Chase Bank last week agreed to a $53 million settlement with the U.S. Attorney for the Southern District of New York, bringing to a close allegations of discriminatory lending against minority borrowers through its wholesale-broker channel in violation of the Equal Credit Opportunity Act and the Fair Housing Act. According to the consent order, prior to January 2006 and continuing until early 2009, Chase originated and funded residential mortgage loans through a wholesale channel. “Applications for these loans were brought to Chase by thousands of independent mortgage brokers throughout the United States who had entered into contracts with Chase for the purpose of bringing mortgage loan applications to it for origination and funding.” Also, from 2006 to 2009, approximately ...
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CFPB Tags Citi Subs $29 Million Over Mortgage Servicing Practices

January 30, 2017
The CFPB last week slapped CitiFinancial Servicing and CitiMortgage a relatively modest $28.8 million for allegedly keeping struggling borrowers in the dark about options available to save their homes. The bureau’s action had to do with the company’s origination and servicing of residential daily simple interest mortgages, especially as they relate to deferments. The CFPB accused CitiFinancial Servicing of misleading consumers about the effect of deferring payment due dates, charging consumers for credit insurance that should have been canceled, prematurely cancelling credit insurance for some borrowers, sending inaccurate consumer information to credit reporting companies, and failing to investigate consumer disputes. The bureau is requiring CitiMortgage to pay an estimated $17.0 million to compensate wronged consumers, and to pay a civil ...
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Treasury Sec. Nominee Criticizes CFPB Funding, Eyeballs Dodd-Frank

January 30, 2017
During his recent nomination hearing before the Senate Finance Committee, Steve Mnuchin, President Donald Trump’s choice to be the next Treasury secretary, took a passing shot at the current funding mechanism at the CFPB. “My biggest issue with the CFPB is that I don’t believe they should be funded with profits from the Federal Reserve,” Mnuchin said in response to a question from Sen. Tom Carper, D-DE. “They should be funded from an appropriations process.” Shortly thereafter, Rep. Maxine Waters, D-CA, the ranking member of the House Financial Services Committee, took issue with Mnuchin for “distinctly” stating that “he wanted to defund the CFPB, our sole watchdog looking out for the interests of students, servicemembers, seniors and other borrowers, and ...
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