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CFPB Official Pledges to Help Firms Implement TRID After Aug. 1

May 4, 2015
David Silberman, associate director of research, markets and regulations at the CFPB, told members of Congress recently that the bureau will continue to work with the mortgage industry as it implements and adapts to the pending integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement and Procedures Act. “The bureau’s work supporting implementation of the integrated disclosure rule does not end with the effective date of the integrated disclosure rule,” Silberman told the House Financial Services Subcommittee on Financial Institutions and Consumer Credit recently. “We expect to continue working with industry, consumers, and other stakeholders to answer questions, provide guidance, and evaluate any issues industry and consumers experience as the integrated disclosure rule is implemented.” ...
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Complaints About Student Loans Continue Drifting Downwards

May 4, 2015
Borrower complaints about their student loans continued their apparently inexorable downward momentum, both quarter over quarter and year over year, according to a new analysis by Inside the CFPB of the latest complaint data from the CFPB. Industry wise, consumer gripes fell 11.3 percent QoQ and an even larger 15.7 percent YoY, the data show. Navient, the Sallie Mae spinoff, continues to dominate because of the sheer size of its footprint in the marketplace. Nonetheless, it showed impressive drops of 24.3 percent and 33.0 percent, respectively, for both time periods. Repayment problems continue to represent the lion’s share of the issues about which student-debt borrowers have issues. However, after peaking in the second quarter of 2012, and experiencing another big ...
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CHLA Calls For Disclosures Of MLO Qualifications

May 4, 2015
The Community Home Lenders Association recently sent a letter to CFPB Director Richard Cordray, asking the bureau to require consumer disclosures on each mortgage loan that indicate whether the mortgage loan originator working on that loan is licensed. Such disclosures also should show whether the MLO has passed the SAFE Act test, and has completed an independent background check and SAFE Act approved pre-licensing and continuing education courses. CHLA also recommended that consumers be told if their loan originator previously failed (and never passed) the SAFE Act test or has ever been denied a state license because they failed a background check. “The CFPB is carrying out its ‘Know Before You Owe’ initiative, to improve consumer understanding and mortgage disclosures” ...
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Briefs: Other Enforcement News/Interagency Briefs

May 4, 2015
CFPB, Justice Department Engaged in Fair-Lending Investigations. The Department of Justice’s Civil Rights Division was engaged in 10 joint fair- lending probes with the CFPB at the end of 2014 as the result of referrals from the bureau, according to a recently released report to Congress. In five of the probes, the parties were in the midst of pre-suit negotiations, the report indicated. “In addition, seven joint investigations with the CFPB, which were initiated before 2014, are ongoing,” the report continued.The division received a total 18 referrals in 2014: 15 from the CFPB and three from the Federal Deposit Insurance Corp. Of those 15 referrals from the bureau, seven had to do with issues of race/national origin, three with ...
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Briefs: All About the TRID/Upcoming This Month

May 4, 2015
FFIEC Issues Revised Interagency Examination Procedures for Compliance with the TRID. The Task Force on Consumer Compliance of the Federal Financial Institutions Examination Council recently put out new interagency examination procedures for the Truth in Lending Act (TILA), as implemented by Regulation Z, and the Real Estate Settlement Procedures Act (RESPA), as implemented by Regulation X. These procedures reflect CFPB amendments to Regulations Z and X published in the Federal Register in December 2013 and February 2015. Most of the changes to the procedures relate to the integrated mortgage disclosure requirements under TILA and RESPA, commonly referred to as the “TRID” requirements. Office of the Comptroller of the Currency Bulletin 2015-27 makes available on the OCC website the revised interagency ...
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Securitization of Seasoned GSE Loans on the Rise, Especially Among Small- to Medium-Sized Lenders

May 1, 2015
Since the end of December, at least $7.4 billion in seasoned mortgages have been securitized through Fannie Mae and Freddie Mac, a trend that appears to be gaining steam, especially among small- to medium-sized lenders. In early April, Inside MBS & ABS reported that Bank of America contributed $5.4 billion of seasoned loans (three months or older) to Freddie Mac MBS, which helped make the bank Freddie’s largest seller in the first quarter. A follow-up inquiry to BofA yielded...
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CMBS Issuance Spikes 31 Percent, Second-Best Showing Since the Financial Crisis

May 1, 2015
John Bancroft
The jump in private CMBS issuance helped offset what looks like a sharp slowdown in agency multifamily MBS production.
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Gallup Poll Finds Ugly Outlook for New Homeownership

May 1, 2015
Brandon Ivey
But a poll by JPMorgan Chase found that 30 percent of potential homebuyers said they plan to purchase a home in the next 18 months.
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Income-Property Securitization Holds Steady in Early 2015 Thanks to Surge in Non-Agency CMBS Issuance

May 1, 2015
A total of $49.55 billion of commercial mortgages were securitized during the first quarter of 2015, virtually unchanged from the fourth quarter of last year, according to a new Inside MBS & ABS analysis. But the private CMBS market recorded a significant increase in new issuance. Non-agency CMBS production climbed 31.3 percent from the fourth quarter to hit $30.91 billion, the second-highest three-month output since the financial crisis shut down new issuance in the second quarter of 2008. Compared to the first quarter of 2014, new issuance was up 74.3 percent. The jump in private CMBS issuance helped offset...[Includes one data chart]
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Treasury Sees Deal Agent Position for New Non-Agency MBS as Having a Duty of Care and Loyalty for Investors

May 1, 2015
To attract large investors, the Treasury Department suggests that non-agency MBS include a deal agent with a fiduciary duty. “Under corporate law, directors must discharge two primary fiduciary duties: duty of care and duty of loyalty,” said Michael Stegman, counselor to the Treasury on housing finance policy, in a speech late last week. “In the context of private-label securitizations, these duties seemed sensible and logical to us.” He used...
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