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Treasury Department Calls for Federal Oversight of Mortgage Insurers

December 17, 2013
Thomas Ressler
Do mortgage insurance firms need to be "officially" regulated by the federal government?
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DeMarco’s FHFA Wants Lower GSE Loan Limits After All; But is Watt Ok With It?

December 17, 2013
Paul Muolo
As a technical matter, Edward DeMarco still heads FHFA and the agency is once again testing the waters for lower Fannie Mae/Freddie Mac loan limits.
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Fitch Warns of Trouble for Servicers Unloading Nonperforming MSRs

December 17, 2013
Brandon Ivey
The rating service this week placed the primary servicer rating of EverBank Mortgage on “watch” for a potential downgrade due to changes to the servicer’s platform.
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Warehouse Commitments Tumble But Some Nonbanks Get Sweet Deals

December 17, 2013
Paul Muolo
The drop in warehouse commitments mirrored, somewhat, the fall-off in residential originations, which declined almost 19 percent in the third quarter, according to figures compiled by Inside Mortgage Finance.
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Worth Noting/Looking Ahead

December 16, 2013
Bureau Updates its Mortgage Rules Readiness Guide. Last week, the CFPB released updates to its Mortgage Rules Readiness Guide in connection with the new mortgage regulations issued in January 2013 and amended through Oct. 15, 2013. The update offers financial institutions and other industry participants guidance on how to evaluate their readiness for complying with the 2013 mortgage rule changes. The updated guide incorporates changes made to Regulation Z, the implementing regulation for the Truth in Lending Act, and to...
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Surprise: FHFA Seeks Public Comment on Lower GSE Loan Limits; Is Six Months Enough Time?

December 16, 2013
Paul Muolo
Among other things, the FHFA wants to know if six-months is adequate time for lenders and servicers to make the changes to their technology systems.
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Agencies Finalize Exemptions to HPML Appraisal Requirements

December 16, 2013
The CFPB and five other federal financial regulatory agencies issued a supplemental final rule last week that creates exemptions from certain appraisal requirements for a subset of higher-priced, higher-risk mortgage loans. The final rule provides that loans of $25,000 or less and certain “streamlined” refinancings are exempt from the Dodd-Frank Act appraisal requirements, which go into effect on Jan. 18, 2014. In addition, the final rule contains special provisions for manufactured homes, which can present unique issues in...
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Here’s How to Exclude Affiliate Fees from QM’s 3 Percent Cap

December 16, 2013
The Mortgage Bankers Association has put together some guidance, drawn from conversations with CFPB staff, on how to exclude affiliate fees in the points-and-fees calculation for qualified mortgages under the agency’s ability-to-repay rule, which takes effect in just a few weeks. The bureau’s ATR and Home Ownership and Equity Protection Act rules contain a cap or limit on points and fees to qualify as a QM loan and a specific points-and-fees threshold triggering HOEPA coverage. The calculation of points and fees under both of these...
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CFPB, In a First, Sues CashCall For Illegal Online Loan Servicing

December 16, 2013
On Monday, as Inside the CFPB was going to press, the CFPB took its first action against an online loan servicer, CashCall Inc., its owner, its subsidiary, and its affiliate, for collecting money the bureau said consumers did not owe. The CFPB alleges that the defendants engaged in unfair, deceptive and abusive practices, including illegally debiting consumer checking accounts for loans that were void. California-based CashCall, its subsidiary, WS Funding LLC, and its affiliate, Delbert Services Corp., a Nevada collection...
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Preliminary Arbitration Study Faults Banks for Blocking Consumers

December 16, 2013
Last week, the CFPB released preliminary research on the use of arbitration clauses in connection with consumer financial products and services, finding that roughly nine out of 10 of such clauses in credit card and checking account agreements allow banks to prevent consumers from participating in class actions. The bureau said its research also shows that while tens of millions of consumers are subject to arbitration clauses in the markets the CFPB studied, on average, consumers filed 300 disputes in these markets each year...
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