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Debt Collection Causes Highest Rate of Consumer Disputes

December 21, 2012
The CFPB has released a report on consumer experience with the three largest nationwide credit reporting companies – Equifax, Experian and TransUnion – finding, among other things, that credit card history dominates the information in consumer reports and that debt collection items generate the highest rate of disputes. Each of these firms have in excess of 200 million files on consumers. In a typical month, they receive updates from approximately 10,000 information “furnishers.” The furnishers do this on more than...
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CFPB Facing a Lot of Criticism With Mortgage Servicing Proposal

December 21, 2012
The CFPB has a pretty full plate digesting hundreds of comments related to its mortgage servicing proposed rule, making it difficult to predict how the final product might end up as it presses to balance the industry’s legitimate concerns with the regulatory mandates of the Dodd-Frank Wall Street Reform and Consumer Protection Act. During a recent webinar sponsored by Inside Mortgage Finance, an affiliated publication, Mitchell Hochberg, counsel in the division of research, markets and regulations at the CFPB...
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Industry Attorney, Bureau Rep Argue Over Right of Action

December 21, 2012
There was a pronounced difference of opinion between a leading industry attorney and a top official from the CFPB at a recent event over whether the bureau’s proposed mortgage servicing standards create a private right of action that could bring any foreclosure proceeding to a grinding halt. During a webinar sponsored by Inside Mortgage Finance, Larry Platt, financial services practice area leader with the law firm of K&L Gates, said, “The consequence of these regulations is to create a federal cause of action that...
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News Briefs

December 21, 2012
Damage from Hurricane Sandy will have a negligible impact on mortgages in outstanding non-agency mortgage-backed securities, according to a new analysis by Opera Solutions. The servicing analytics provider said 45 non-agency MBS deals with $19.6 billion in outstanding balance have mortgages with exposure to significant damage from the storm and the likely affected balance is $6.0 billion. “Based on a detailed analysis of each portion of affected ZIP codes, the ultimate exposure is much lower ... [Includes four briefs]
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CFPB Proposes to Allow Limited Trial Disclosure Programs

December 21, 2012
The CFPB has proposed allowing banks, credit unions and other financial services companies to test new consumer disclosures on a case-by-case basis. The bureau would have to approve of the disclosure programs ahead of time. Under the proposal, the CFPB would exempt certain qualifying individual companies for a limited time from existing federal disclosure laws so they can research and test “informative, cost-effective disclosures.” The participating companies would then share their results with the agency so it...
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Broader Exemption Considered on Servicing Rules

December 21, 2012
The Consumer Financial Protection Bureau is considering expanding the size and scope of the exemption on its pending final rule regarding servicing practices, according to agency officials. The CFPB also downplayed concerns that the servicing rule will expand loss-mitigation options beyond those approved by mortgage investors. During a webinar this week hosted by Inside Mortgage Finance, Mitchell Hochberg, regulatory counsel at the CFPB, said the agency is “very heavily” thinking about ...
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Nonprime Veterans Trying to Raise Funds

December 21, 2012
At least two nonprime industry veterans are out in the market actively trying to raise funds to start lending operations, according to interviews conducted by Inside Nonconforming Markets. Whether they will be successful is another matter. Jon Daurio, a founder and former top executive at the now defunct Encore Capital, is trying to raise $250 million and hopes to have much of the work tied to his capital raise completed by the end of the first quarter of 2013. Daurio has been working on raising money ...
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Non-Agency MBS Investors Oppose Mod Plan

December 21, 2012
Investors in non-agency mortgage-backed securities are pushing back against a loan modification program proposed by the Obama administration that would target underwater loans backing their investments. “Quite simply, investors have already been significantly harmed by the poor performance of many of the mortgage loans in non-agency MBS, and the Market Rate Modification proposal would only increase the severity of losses suffered by institutional investors,” Tom Deutsch ...
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GSE/Non-Agency Risk Sharing Expected Soon

December 21, 2012
Fannie Mae and Freddie Mac, under directions from the Federal Housing Finance Agency, are close to issuing risk-sharing transactions, according to market participants. The securities will be structured to allow non-agency investors to take subordinate risk on government-sponsored enterprise mortgage-backed securities and will likely help set GSE guaranty fees going forward. Martin Hughes, CEO of Redwood Trust, said his company is currently under a non-disclosure agreement regarding risk-sharing ...
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GSE Fees Near Non-Agency Tipping Point

December 21, 2012
The guaranty fees charged by Fannie Mae and Freddie Mac are close to hitting a tipping point where non-agency mortgage-backed security issuance will be the more economic execution for new originations, according to some non-agency participants. “If the non-agency pricing is improving and the GSE pricing is worsening, at some point you’re going to hit a tipping point,” Luke Scolastico, a vice president at Credit Suisse, said last week at a panel discussion hosted by the American Securitization Forum ...
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