The Dodd-Frank Wall Street Reform and Consumer Protection Act is proving to be a burden to small banks throughout the country and threatens to cut off a variety of product offerings for many of the borrowers they serve, according to a new study by George Mason University's Mercatus Center. "Our initial analysis suggests that Dodd-Frank is having significant effects on small banks and their customers. A large majority of small banks view Dodd-Frank as more burdensome than the Bank Secrecy Act, a regulatory regime that banks widely regard as very burdensome," said the study, which was prepared by a trio of academics, including senior research fellow Hester Peirce, former senior counsel to Sen. Richard Shelby, R-AL, on the Senate Banking, Housing and Urban Affairs Committee.

Late last month, briefs were filed in the U.S. Court of Appeals for the D.C. Circuit by the appellants in State National Bank of Big Spring, Texas, et al. v. Lew, et al., a case which includes a lingering challenge to the CFPB's constitutionality. The private appellants in the case are State National Bank of Big Spring, and two DC area non-profit organizations, the 60 Plus Association and The Competitive Enterprise Institute. Originally, they challenged the constitutionality of CFPB Director Richard Cordray's recess appointment, while also asserting that the bureau’s structure and authority were in violation of the Constitution's separation of powers.

Bureau Extends Deadline to Apply for Industry Advisory Positions. The CFPB recently extended the application deadline for positions on its Credit Union Advisory Council and Community Bank Advisory Council until March 14, 2014. The bureau said it is looking for experts in consumer financial products or services, as well as experts in consumer protection, community development, consumer finance, fair lending and civil rights. It also wants representatives of banks that primarily serve underserved communities, as well as those from communities that have been significantly affected by higher priced mortgage loans.

“Revenues at some of these firms are going to take a nosedive over the next year or so,” said Anthony Garritano, founder of the Progress in Lending Association, an industry think-tank.

The year’s top five FHA lenders – Wells Fargo, Quicken Loans, JPMorgan Chase, Freedom Mortgage and Bank of America – combined for 21.9 percent, or $46.0 billion, of total agency production, down 34.6 percent quarter over quarter.

Ocwen’s subprime receivables were purchased in the secondary market from other firms trying to exit the space.

HomeStreet might participate in or sponsor non-agency MBS going forward.

In an interview with IMFnews, Habib confirmed his resignation, but declined to say anything further about the company’s future.

The preliminary findings are not pretty: 55 percent of lender/servicers lost money in 4Q compared to just 4 percent for the first nine months of 2013.

After two years of significant improvements, the total past-due rate for subprime mortgages has stalled since the first quarter of 2012. Special servicers continue to grow their subprime holdings in an effort to work out the poorly performing mortgages. The total past-due rate for subprime mortgages at the end of the fourth quarter of 2013 was 20.82 percent, according to the Mortgage Bankers Association, up from 20.14 percent in the previous quarter and from 20.30 percent in the fourth quarter of 2012. The past-due rate on subprime mortgages peaked in ... [Includes one data chart]