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Mortgage Complaints Filed with the CFPB Drop, BofA Still Leads the Pack

November 5, 2013
Thomas Ressler
Bank of America led all residential firms in cumulative mortgage complaints: 23,004 at the end of September. Wells Fargo was a distant second with 12,261.
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Short Takes: Does the CFPB Understand Mortgage Banking? / Whole Loan Trading Slows / FHFA Cracks Down on Force-Placed Insurance (Again) / Symbiosis: Ocwen and HLSS / More Ads from Greenlight and CashCall

November 5, 2013
Paul Muolo and Charles Wisniowski
When it comes to auditing mortgage lenders, does the CFPB know what it’s doing? It all depends on who you talk to. Also, the FHFA cracks down on force placed insurance (again).
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Jumbo MBS Thaw: Redwood Offers its First Non-Agency Security Since August

November 5, 2013
Brandon Ivey
The loans in the new Redwood deal have the strong characteristics associated with jumbos, including an average credit score of 766 and a combined loan-to-value ratio of almost 71 percent.
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Rep. Waters: House Democrats Drafting ‘Alternative Approach’ to GSE Reform

November 5, 2013
Charles Wisniowski
Rep. Maxine Waters, the ranking Democrat on the panel, is promising that GSE "stakeholders" will have input on her housing reform bill.
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Worth Noting

November 4, 2013
D.C. Federal Court Deep-Sixes Morgan Drexen Lawsuit Against CFPB. The federal district court in Washington, DC, has denied without prejudice the lawsuit Morgan Drexen, a legal services firm, and attorney Kimberly Pisinski filed against the CFPB, which asserted that the bureau’s structure was unconstitutional because it violated the U.S. Constitution’s separation of powers. The court concurred with the bureau’s argument that the sought-for injunctive relief was not justified because Morgan Drexen could raise its constitutional...
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Bureau Issues Updated ATR Small Entity Compliance Guide

November 4, 2013
The CFPB recently updated its Small Entity Compliance Guide to the ability‐to‐repay/qualified mortgage rule, which takes effect in January. The updated guide reflects clarifications and changes – formally known as the June 2013 ATR/QM concurrent final rule, the July 2013 final rule, and the October 2013 final rule – made to the rule since it was issued in January 2013. Among the most notable changes in the October 2013 final rule reflected in the updated guide is the exclusion of compensation that is paid by a retailer of...
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OIG Finds Room for CFPB To Improve Budget Requests

November 4, 2013
The Federal Reserve Office of Inspector General – the IG for the CFPB – completed an evaluation of the bureau’s fiscal year 2013 budget and concluded the CFPB could improve some of its budget-related practices.“Overall, our evaluation showed that the CFPB has a budget process in place to facilitate the achievement of its goals and performance objectives, including transparency to the public,” the OIG said. “However, we noted opportunities for the CFPB to enhance its practices related to preparing funding requests and posting budget...
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Don’t Read Too Much into CFPB Shift on Enforcement Attorneys

November 4, 2013
The CFPB’s recent decision to no longer bring enforcement attorneys along for the ride in routine examinations may bring a sigh of relief to many in the industry, but it’s important to avoid reading too much into the move, according to a consultants’ analysis. For one thing, examiners will no longer be distracted by the need for additional legal review. “Assigning an enforcement attorney to support every exam was the CFPB’s most meaningful break from the practices of its prudential peers as it forged its own interdisciplinary approach to...
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Landmark Ruling on Disparate Impact Averted in Mt. Holly Case

November 4, 2013
The parties in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., currently pending before the Supreme Court of the United States, have reached a tentative settlement, the Wall Street Journal reported late last week, citing people involved in the dispute. The prime question before the SCOTUS in Mount Holly is whether disparate-impact claims are cognizable under the Fair Housing Act. Mount Holly challenges the legal position of the Department of Housing and Urban Development that disparate impact can be used to...
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Cordray Emphasizes Strength Of QM Legal Protections

November 4, 2013
CFPB Director Richard Cordray tried to reassure the mortgage lending community that the CFPB’s ability-to-repay rule with its qualified mortgage standard will provide all the legal protections they are expecting. One issue “that some consultants and lawyers have raised is whether the law and our rule will deliver the assured and predictable legal protections even for QM loans,” Cordray said in an address recently before the annual convention of the Mortgage Bankers Association in Washington, DC. “We believe strongly that they will...
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