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Short Takes: 1,480 ‘Pain Points’ in Obtaining a Mortgage? / OMG, Watt of FHFA May Finally Speak in Public / NPL Sales Coming from Fannie and Freddie? / A G-Fee Hike? / GAO Weighs in on Loss Mitigation Activities

April 29, 2014
Paul Muolo, Thomas Ressler, and Brandon Ivey
Meanwhile, rumors abound that Fannie and Freddie may once again be looking at the possibility of selling some of its nonperforming mortgages…
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Johnson-Crapo Markup Delayed as Industry Lobbies Over Issue of Excessive Regulation

April 29, 2014
Paul Muolo and Charles Wisniowski
Lobbyists tracking the bill now believe that a “negotiated” final measure will not be ready for a full committee vote until possibly mid-May.
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Bayview to Issue $215 Million Re-Performing Non-Agency MBS

April 29, 2014
Brandon Ivey
The current average interest rate on the mortgages is 3.7 percent. Some 64.3 percent of the loans are structured with graduated payments while the rest are fixed-rate mortgages.
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Ellie Mae Won’t Compensate Lenders for Recent Tech Snafu

April 29, 2014
Paul Muolo
Originally, the technology vendor blamed the shutdown on a cyber-attack by hackers, but then a few weeks later ruled out that explanation.
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Non-Agency Underwriting Standards Loosening

April 29, 2014
Brandon Ivey
One of the boldest underwriting moves was taken by TD Bank, which recently announced a portfolio loan that has a downpayment requirement as low as 3 percent.
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HUD to Extend HECM Safeguards to Surviving Non-Borrower Spouses

April 29, 2014
George Brooks
Reverse mortgages guaranteed by the government are due and payable upon the death of the homeowner, the sale of the home, and other conditions, including the failure to reside in the property or pay the taxes and insurance.
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More CFPB Enforcement Actions Like Castle & Cooke On the Way

April 28, 2014
Lenders should expect additional enforcement actions from the CFPB along the lines of last year’s move against Castle & Cooke Mortgage LLC, where regulators targeted not just the firm but the executives making the decisions, warned Benjamin Olson, counsel at the law firm of Buckley Sandler. “While this is the only public action, it is certainly not the only action the bureau is currently undertaking” to enforce its loan originator compensation rules, said Olson, former deputy assistant director in the bureau’s Office of Regulations, during a webinar last week sponsored by Inside Mortgage Finance Publications, which publishes Inside the CFPB. “We are seeing civil investigative demands and the bureau’s equivalent to the subpoena, where the CFPB is diving into an...
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Worth Noting/What We’re Hearing/Looking Ahead

April 28, 2014
CFPB Staff Answer Bankers’ Questions on Mortgage Compliance. CFPB staff members answered mortgage compliance questions from members of the American Bankers Association during a live webcast last week. Among the key take-aways was the statement that creditors may use lender and seller credits to reduce the amounts that are calculated into the points-and-fees test. A written statement of who is providing which credits is sufficient to indicate compliance, a CFPB staffer said. Also, home equity line of credit resets do not constitute new transactions that would trigger full ability-to-repay rule underwriting.Another take-away is that loan originator bonuses deriving from funds that exclude mortgage profits are not subject to the otherwise applicable 10 percent limits on loan originator compensation. Regarding...
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New Bill Would Force CFPB to Tap Pru Regulators for Certain Info

April 28, 2014
Sen. Dan Coats, R-IN, has introduced the Community Financial Protection Act, legislation to provide smaller financial institutions such as community banks and credit unions with some regulatory relief from financial regulations enacted after the 2008 financial crisis that many complain are crippling their businesses. The Coats bill would modify the way in which the CFPB requests information from financial institutions with less than $10 billion in assets. Under the Coats proposal, the CFPB must use publicly available information or seek the requested information from existing banking regulators. Specifically, the Community Financial Protection Act would stipulate that the CFPB must use current and existing publicly available information and data prior to requesting any information from the prudential regulator. Also, if the...
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Congressmen Push Mandatory Small Business Advisory Panel

April 28, 2014
Reps. Robert Pittenger, R-NC, and Denny Heck, D-WA, recently introduced H.R. 4383, the Bureau of Consumer Financial Protection Small Business Advisory Board Act, which would require the CFPB to establish a small business advisory board. “Consumers, banks, and credit unions already provide valuable insight on what the CFPB proposes, but the smaller operators in finance have a tougher time being heard,” said Heck. “As a small business owner myself, I know local financial service providers in Washington state can partner with the CFPB to better protect consumers and give input on how CFPB actions affect customers and operations.” The Pittenger and Heck proposal would institute a board made up of at least 12 members who are “representatives of small business...
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