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Lead-Generation Company Tries to Dismiss or Revise CID from CFPB

July 27, 2015
Selling Source, LLC, a lead-generation company in Las Vegas, and Tim Madsen, a company employee and recipient of a civil investigative demand from the CFPB, recently petitioned the bureau to modify or set aside entirely the CID. First, the company argues that the CID should be set aside since it is not a “covered person” under the bureau’s authority because it does not offer or provide a “financial product or service” as spelled out in the Dodd-Frank Act. In its petition to the bureau, the company notes that a “covered person” is defined by Dodd-Frank as “any person that engages in offering or providing a consumer financial product or service,” or acts as a “service provider” and is a corporate ...
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CFPB’s Own Study Shows Benefits Of Arbitration, Industry Groups Say

July 27, 2015
Three industry trade groups told the CFPB that the bureau’s own study of mandatory pre-dispute arbitration agreements back in March shows that arbitration has “significant, demonstrable benefits over litigation in general and class action litigation in particular.” In a joint letter to the bureau, the American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable said arbitration “is faster, less expensive and more effective than class action litigation.” Customers who prevail in an individual arbitration recover monetary benefits that, on average, are approximately 166 times greater than the sums received by the average class member in a class action settlement, they went on to note. “Simply put, there are insufficient data in the [CFPB] study to support a ...
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Complaints About Mortgages Rose As Originations Increased in 2Q15

July 27, 2015
The complaints that consumers filed with the CFPB about various aspects of their mortgages generally rose in the second quarter, as the mortgage market churned out new originations at elevated levels, a new analysis by Inside the CFPB found. Total consumer gripes rose 7.5 percent from the first quarter of 2015 to the second, the latest data from the bureau’s consumer complaint database show. The increase was largely driven by a surge of criticisms about the mortgage loan application and origination process, which climbed 11.8 percent during the period. Grumbling about loan modifications also increased during the period ending June 30, up 5.7 percent, a much higher rate of increase than the recent upward tick seen in default rates. Grievances ...
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CFPB Begins Issuing Monthly Reports on Consumer Complaints

July 27, 2015
The CFPB recently launched the first in a new series of monthly reports to highlight key trends from consumer complaints submitted to the bureau, including data on company performance, complaint volume, state and local information, and product trends. The first installment in the series focuses on debt-collection complaints and complaints from consumers in Milwaukee. The bureau said it expects companies to respond to complaints within 15 days and to describe the steps they have taken or plan to take to resolve the complaint. “The CFPB expects companies to close all but the most complicated complaints within 60 days,” it said. “Complaints inform the bureau’s work and help to identify issues in the market, which feed into the bureau’s supervision and ...
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Fans of CFPB Find Support For Bureau, Mission in Latest Poll

July 27, 2015
A majority of Republican, Democratic and independent voters across the U.S. support the work and mission of the CFPB, according to a recent national poll sponsored by the Center for Responsible Lending and Americans for Financial Reform, both of which are strong supporters of the bureau. Support for the CFPB after voters hear a description of its purpose has held steady since last year at 75 percent, with 85 percent of Democrats, 74 percent of independents, and 66 percent of Republicans in favor. Voters’ support for the CFPB holds up after head-to-head arguments, with majority support for the pro-CFPB argument across party lines. Also, 72 percent support the CFPB’s enforcement actions against Bank of America and GE Capital, as opposed ...
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Briefs: Worth Noting, Vendor/TRID Update, Looking Ahead

July 27, 2015
Deputy Director Antonakes to Depart. CFPB Deputy Director Stephen Antonakes, the number two figure at the bureau, is leaving the agency at the end of July to spend more time with his family, according to an internal memo circulated within the CFPB, a copy of which was obtained by Inside the CFPB. “Steve has been an enormous asset to the bureau, and a great friend and colleague to me since our time together in [Supervision, Enforcement and Fair Lending] in the early days of the bureau,” said the memo, which was authored by Director Richard Cordray. “His contributions to this agency have been extensive in his dual roles as deputy director and supervision, enforcement, and fair lending associate director, and ...
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Utah Lender Plans to Expand VA, FHA Segments Nationwide by 2016

July 24, 2015
FHA/VA lender Castle & Cooke Mortgage is embarking on a major expansion that could boost their standing in the government-backed market if things work out as planned. The Salt Lake City-based retail lender is in the midst of an aggressive expansion plan to be in 48 states by the end of 2016, according to Adam Thorpe, who was named president and chief operating officer in late 2014. C&C’s government-backed lending activities are mostly in the West with licenses to operate in 18 states. Recently the company, which entered the mortgage market in 2005, opened a new branch office in Anaheim, CA, bringing to 36 the number of C&C branch offices across the country. Orange County and the Southern California housing market are among the priciest in the nation, and the high demand and lower inventory in those areas can be good for government and ...
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Commercial Mortgage Securitization Activity Nudged Higher by Strong Agency Multifamily MBS Issuance

July 24, 2015
A rebound in multifamily MBS issuance by Fannie Mae, Freddie Mac and Ginnie Mae pushed total securitization of commercial mortgages up slightly in the second quarter of 2015. A total of $53.96 billion of income-property mortgages were securitized in the second quarter, according to a new Inside MBS & ABS market analysis. That was up a scant 0.6 percent from the first quarter of 2015. All of the gain came...
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Banks Continue to Gobble Up MBS, the Megabanks Especially

July 24, 2015
Brandon Ivey
The 25 largest banks held $1.15 trillion in MBS at the end of June, according to an Inside MBS & ABS analysis of Federal Reserve data.
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Loan-to-Value Ratios on New Conduit Commercial MBS Surpass Peak Seen Before Financial Crisis

July 24, 2015
Moody’s Investors Service is worried about increasing leverage in commercial MBS conduit deals, which reached peak levels not seen since 2007. Issuance of non-agency commercial MBS has been strong in recent years, boosted by demand for conduit deals. In a recent report, Moody’s noted that the credit quality of conduit deals continues to deteriorate, with the third-quarter pipeline indicating further increases to loan-to-value ratios derived by the rating service. The Moody’s LTV ratio on conduit CMBS hit...
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