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Bureau Finds More Signs of Trouble For Student Loan Borrowers

October 19, 2015
The CFPB last week issued its latest annual report on student loan complaints, citing in particular concerns about repayment problems facing those with older federal student loans that were made by banks and other private lenders. “We found that servicing issues may make repaying student debt even harder for this group of borrowers, in particular,” said CFPB Acting Student Loan Ombudsman Seth Frotman. The report noted that outstanding federal student loans made by private lenders may have a higher concentration of borrowers in default or delinquency than the student loan market at-large. In another recently released report, the bureau estimated that more than 25 percent of student loan borrowers are delinquent or in default market-wide. The CFPB observed that at ...
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Economist Warns CFPB Against Hasty Debt Collection Regulations

October 19, 2015
The CFPB ought to consider the unintended consequences of any new debt collection regulations it might promulgate and perform a careful cost-benefit analysis before it forces such regulations onto industry participants, a top university economist warned. “Debt collection is one of the most heavily regulated areas of the consumer credit ecosystem. Yet it is also one of the most important: without an efficacious and efficient debt collection system, creditors will be unable to lend, and borrowers will be unable to borrow,” Todd Zywicki, executive director of the George Mason University Law & Economics Center, said in a new white paper. Although consumers who do not pay their debts benefit by an excessively restrictive debt collection regulatory regime, everyone else pays ...
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Industry Vendor Offers Warranty Coverage for TRID Defects

October 19, 2015
ComplianceEase, an automated compliance solutions provider based in Burlingame, CA, has come out with an insurance-backed warranty program for loans that have been audited by its ComplianceAnalyzer solution. The program, called AssureCert, provides warranty coverage for compliance defects, including ones related to the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule (TRID) and the ability-to-repay/qualified mortgage regulation, as well as federal and state consumer lending and high-cost laws and regulations. “The new QM and TRID rules have exposed lenders and investors to civil lawsuits, as well as fines and repurchase risk,” said John Vong, president of ComplianceEase. “Our insurance-backed AssureCert warranty will offer our clients – both large and small –additional protection and peace of mind.” The ...
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Three OIG Reviews of CFPB Slated For Completion in Fourth Quarter

October 19, 2015
The CFPB Office of Inspector General plans to wrap up two audits and one assessment of the bureau sometime during the fourth quarter, according to the OIG’s latest work plan, released early this week. First on the list is an audit of the CFPB’s distribution of funds from the civil penalty fund. “Our audit is focused on internal controls related to the administration of the civil penalty fund,” the work plan stated. “Specifically, our audit will assess the efficiency and effectiveness of the process for identifying victims.”Next is a risk assessment of the bureau’s purchase card program. “Our risk assessment of the CFPB’s purchase card program will identify and analyze the risks of illegal, improper or erroneous purchases and ...
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In Brief/No Comment

October 19, 2015
Bank of America Pulls the Plug on All Marketing Services Agreements. Bank of America, the third-largest residential retail lender in the U.S., has pulled the plug on all marketing services agreements it has with realty firms, sibling publication IMFnews reported last week. The bank confirmed the move to the newsletter, noting that it will discontinue all “space rental agreement programs due to recent regulatory developments.” It added: “We expect our MSA agreements will conclude by Nov. 1, 2015, and we will terminate our lease agreements for space in accordance with their terms. While the decision to wind down our MSA and SRA programs was difficult, the end of these programs allows us to pursue different ways we might help builders ...
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FHFA Chief Mel Watt: Final Rule on FHLB Membership (Captives) Could Happen by Yearend

October 19, 2015
Paul Muolo
A lawyer by trade, Watt noted: “Unfortunately, legal constraints prevent me from saying much about this because we are in the period between the end of the comment period and the time we issue the final rule.”
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Lenders Prevail as HUD Withdraws Proposal to Set Maximum Timeline for FHA Insurance Claims

October 19, 2015
Brandon Ivey
“Had the proposal been implemented, it could have had a chilling effect on FHA lending, to the detriment of the borrowers served by the FHA program,” according to lawyers at K&L Gates.
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Megabanks Hemorrhaging Huge Market Share Losses in Ginnie Mae Issuance

October 19, 2015
John Bancroft and George Brooks
The performance comes at a time when the agency increasingly seems concerned about the capital cushion of certain fast-growing nonbanks.
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Freddie Mac will Modify Low Downpayment Mortgage in New Partnership with Quicken

October 19, 2015
Paul Muolo
The announcement by Freddie Mac might be viewed as a sign that the GSEs are competing once again.
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Armed with $1B to Spend, Caliber Sees Opportunities in Non-Agency Mortgages

October 19, 2015
Brandon Ivey
Controlled by Loan Star Funds, Caliber has $1.0 billion to spend on funding non-agency mortgages.
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