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Academics Fault CFPB Emphasis On Behavior-Based Regulation

March 31, 2014
The CFPB’s emphasis on behavioral law and economics – and politically preferable outcomes –produces inefficient, heavy-handed regulations that are inconsistent with the intent and purpose of improving consumer choices, according to a white paper by a pair of university economists. “In part, the CFPB has justified its ongoing intervention into financial credit markets based on a prior belief in the inability of consumers to competently weigh their decisions,” said Adam Smith, assistant professor of economics at Johnson & Wales University in Charlotte, NC, and Todd Zywicki, a senior scholar at the Mercatus Center at George Mason University in Fairfax, VA.
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Worth Noting/Tech Update/Looking Ahead

March 31, 2014
Moody’s Asks for Public Input on QM-Related Ratings Criteria. Moody’s Investors Service last week put out a request for comments regarding its proposed rating standards for loans originated in the era of the qualified mortgage. The proposed criteria include standards and treatment for various loan types similar to the criteria issued by Fitch Ratings the week before. (See the March 17, 2014, issue of Inside the CFPB for details). Moody’s indicated it will devote extra scrutiny to lenders that have a significant use of “bona fide discount points” to bring points and fees on a mortgage into compliance with QM requirements. The points and fees on a QM cannot exceed 3.0 percent of the loan amount.
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Little Support for Reducing GSE Loan Limits

March 31, 2014
Brandon Ivey
Although some jumbo market participants have called for a reduction to GSE loan limits, most of the mortgage industry – and members of Congress – prefer the current levels.
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HECM Volume Rises for the Full Year, But Down for the Quarter

March 31, 2014
George Brooks
Inside FHFA Lending also found another interesting trend: The top 50 HECM lenders are dominated by nonbanks, some of which are relatively new to the space.
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Johnson-Crapo GSE Bill Has a 5 Percent Chance; As for the Waters Legislation…

March 31, 2014
Charles Wisniowski
As for the new GSE bill from Rep. Maxine Waters, D-CA, the research firm notes that the legislation will not even be considered in the Republican controlled House.
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Graham Williams Breaks Ties with Mortgage Resolution Partners

March 31, 2014
Paul Muolo
To date, the use of eminent domain to restructure residential loans has garnered a ton of headlines in the financial press, but has posted little in the way of success.
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Mortgage Due Diligence Firm Allonhill Files for Bankruptcy Protection

March 31, 2014
Paul Muolo
No purchase price on the sale of Allonhill assets to Stewart was ever disclosed. According to the bankruptcy filing, the sale price cannot be revealed for at least 12 months after the sale and will require approvals from both parties.
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Short Takes: Green Tree-EverBank MSR Deal Closes / New STACR Offering From Freddie / Cole Taylor Mortgage Sale Keeps on Ticking / Light Trades in HELOC Secondary / Former HUD IG Lands at Mortgage Vendor

March 31, 2014
Brandon Ivey and Paul Muolo
Whatever happened to the sale of Cole Taylor Mortgage, which has been in the works for nine months or so? Good question. When we asked one source close to the deal, his response was this: “Think of the Energizer Bunny but with fairly old batteries.
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Smaller Lenders Swearing Off Non-QM Lending, CFPB Officials Told

March 31, 2014
Small community bankers told CFPB officials many of their colleagues are wary of making mortgages that fall outside the parameters of the qualified mortgage definition or are exiting the mortgage business entirely. Addressing two top regulators from the CFPB during the tail end of a session at the American Bankers Association’s government relations conference in Washington, DC, last week, one community banker from Oklahoma reported survey findings that one third of respondents in the state are no longer offering residential mortgages.
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HMDA Final Rule Proceeding But Will Not Be Out This Year

March 31, 2014
The CFPB is continuing its work to develop a final rulemaking to add certain data elements to the Home Mortgage Disclosure Act reporting requirements. However, a final rule will not come out this year, a top bureau official told industry representatives last week. Speaking at the American Bankers Association’s government relations conference in Washington, DC, last week, Kathleen Ryan, deputy assistant director in the bureau’s Office of Regulations, reminded attendees that Dodd-Frank required the CFPB to add…
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