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Constitutionality Challenge Could Reach SCOTUS; Pending Nominee

September 17, 2018
A community bank in Texas and two DC-based nonprofit groups recently filed a petition with the U.S. Supreme Court challenging the constitutionality of the CFPB’s sole-director structure. The State National Bank of Big Spring, 60 Plus Association, and Competitive Enterprise Institution originally filed a lawsuit in 2012 in the U.S. District Court for the District of Columbia, alleging the CFPB’s structure violated the U.S. Constitution’s separation of powers. The district ...
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CFPB Struck on the CID Process, Hints Review of its Approach

September 17, 2018
A court panel recently declined to enforce a civil investigative demand issued by the CFPB because the language is too broad and generic. Attorneys said it was the second strike against the bureau for aggressive interpretation of its authority after the D.C. circuit ruled a CID invalid last year. A panel of the U.S. Court of Appeals for the Fifth Circuit held that a CID issued to Source for Public Data – a company that provides public records through an internet-based ...
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CFPB Files First Ever Lawsuit Under Mulvaney, With Some Issues

September 17, 2018
Almost 10 months into Acting Director Mick Mulvaney’s tenure at the CFPB, the bureau filed its first new lawsuit. The CFPB last week filed charges against Future Income Payments (FIP), Irvine, CA, in federal district court in the Central District of California. The bureau alleged that FIP’s pension-advance products were loans with interest rates “that are substantially higher than credit card interest rates,” according to the complaint, which also names the company's owner ...
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Other News in Brief: Model Disclosures; Bill on Guidance; Financial Well-being

September 17, 2018
CFPB Updates Model Disclosures Under Fair Credit Reporting Act . The CFPB last week issued an interim final rule updating two model disclosures to reflect changes made to the FCRA by the recent Dodd-Frank reform act.The Economic Growth, Regulatory Relief, and Consumer Protection Act, which became law in May, requires nationwide consumer reporting agencies to provide “national security freezes” free of charge to consumers. The [Includes three briefs] ...
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Wells Fargo Ready to Break its Jumbo MBS Drought

September 17, 2018
Brandon Ivey
Wells Fargo accounted for 15.0 percent of all jumbo mortgages originated during the first half of 2018…
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GSE Purchase Business Up Again, but Refis Rise as Well

September 17, 2018
John Bancroft
The refi surge may be attributable to more cash-out transactions.
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Wanted: Two Semi-Retired CEOs Who Can Run Fannie and Freddie

September 17, 2018
Paul Muolo
Then again, maybe needing a CEO is overblown. James Fenkner, a GSE shareholder, told Inside Mortgage Finance: “It is not that the CEOs are paid too little…”
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Parent of Church Street Mortgage Files to Go Public

September 17, 2018
Paul Muolo
If all goes well, the net proceeds will total $20.25 million.
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Short Takes: MBA’s Stevens Looks Back at the GSEs (Pre-Crisis) / A No-Bid Because of FM Watch Ties / What’s FM Watch? / Sharp Elbows? / TMS Buys Two MSR Packages, Is Hungry for More / PenFed Hires USAA Exec to Run Mortgages

September 17, 2018
Paul Muolo
It may be hard to fathom, but Fannie and Freddie once played with very sharp elbows…
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Former FHFA Director Stunned at Length of Conservatorships

September 14, 2018
James Lockhart, the Federal Housing Finance Agency director who headed the regulator when the government takeover of Fannie Mae and Freddie Mac occurred in September 2008, told Inside The GSEs he never dreamed the conservatorships would last a decade. “We thought it might go a couple of years and Congress would act,” he said. Lockhart added philosophically: “Perhaps, the conservatorships worked too well.” Lockhart, who eventually became a vice chairman of WL Ross & Co., and played a key role in that firm’s mortgage-related investments, said he’s happy that the two are now steadily profitable. But he...
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