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Short Takes: Walter Joins the ‘New Low’ Club / When Will the ‘Dark Days’ End for the Public Nonbanks? / ETA on Wingspan Announcement? / MBA Wants Faster Action on a Single Security / In MI We Trust

October 14, 2014
Paul Muolo and Charles Wisniowski
Specialty servicer Wingspan is expected to issue a press release this week, providing some clarity about a change of control at the company and the future of its founder...
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FHA Loan Reviews Continue to Find Defects

October 13, 2014
George Brooks
Given the wide gap between the initially unacceptable findings and the subsequent “refresh” results, some lenders may ask the FHA to discontinue its disclosure of initially unacceptable findings.
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A Sign of Hope for Regulatory Relief: CFPB Proposes Program for Lender ‘No-Action’ Letters

October 13, 2014
Brandon Ivey
However, the CFPB official said the no-action letters would not give a requesting entity an exemption from complying with any statutory or regulatory rules.
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MBA Wants to Reopen the Debate on Basel III Cap for MSRs; 50 Percent for Thrifts?

October 13, 2014
Paul Muolo
One forensic accountant said of the matter: “Basel basically treats MSRs as a toxic asset. It’s a huge topic.”
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Altisource Gets Huge Boost in Repo Line from Credit Suisse; EVP Resigns

October 13, 2014
Paul Muolo
Along with the news of a larger repo facility, some executive changes have occurred as well.
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Short Takes: Is Ocwen Under Valued? / Did Ross Sell Homeward at the Peak of the Market? / The Dream: A Reduction in FHA Premiums / Faye Servicing Gets Servicer Approvals / Mortgage Network Hires Former Countrywide Official

October 13, 2014
Paul Muolo
The Community Home Lenders Association has asked new HUD secretary Julian Castro for a “meaningful reduction” in the FHA’s annual premiums…
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CFPB Proposes Updates to TILA/RESPA Final Rule

October 13, 2014
The good news is the CFPB is proposing updates to its integrated disclosure final rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. The bad news is the CFPB is proposing updates to its integrated disclosure final rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. The final rule – commonly known as the “TRID” – has been high on the mortgage lending industry’s list of concerns ever since it came out nearly a year ago. And with every rule issued, there are calls from one segment of the industry or another for various additions, deletions or modifications. As happy as industry representatives are when the CFPB makes such a concession, they ...
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Bureau Proposes No-Action Letter Policy to Foster Emerging Products

October 13, 2014
The CFPB is proposing to implement a limited “no-action letter” policy to reduce the regulatory uncertainty that may exist for certain emerging products or services which stand to benefit consumers. This proposed policy is suited for new financial products or services where there may be uncertainty about how they fit in the existing statutes and regulations – assuming such products or services hold the promise for significant consumer benefit, according to CFPB Financial Analyst Dan Quan. The proposed policy would allow bureau staff to send a no-action letter to a company informing it that the CFPB isn’t planning to recommend initiation of supervisory or enforcement action in connection with a firm’s offering or provision of a new product. Also, an NAL ...
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CFPB Brings $3.1M Action Against M&T Over Checking Accounts

October 13, 2014
A routine supervisory examination ultimately led the CFPB to bring a $3.1 million enforcement action against M&T Bank because of its allegedly deceptive advertising practices for checking accounts. The bureau accused M&T Bank, based in Buffalo, NY, of luring in consumers with promises of “no strings attached” free checking, without disclosing key eligibility requirements. When consumers failed to meet the requirements, M&T automatically switched them to checking accounts with fees, the CFPB alleged. Under the terms of the consent order, announced last week, the bank will provide $2.9 million in refunds to approximately 59,000 consumers (roughly $49.15 each), and will pay a $200,000 penalty for the alleged violations. According to the consent order, during the period between Jan. 1, 2009, ...
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MSAs at Issue in Action Brought Against Michigan Title Company

October 13, 2014
Marketing services agreements (MSAs) continue to be a flashpoint for conflict between title companies and the CFPB under the Real Estate Settlement Procedures Act. Late last month, the bureau ordered Lighthouse Title, a Michigan title insurance agency, to pay $200,000 for entering into what the CFPB characterized as illegal quid pro quo referral agreements, in violation of RESPA. According to the bureau, Lighthouse Title entered into MSAs with various companies, such as real estate brokers, with the understanding that the companies would refer mortgage closing and title insurance business to Lighthouse. “The agreements made it appear as if the payments would be based on marketing services the companies were supposed to provide to Lighthouse,” the CFPB said. “However, Lighthouse actually ...
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