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CFPB Implementing Examination Prioritization Framework

October 21, 2013
The CFPB is putting into place a prioritization framework, apportioning examination, investigation and fair lending resources across product types, and it may well prove to be particularly significant for nonbank entities. “A specific charge of the bureau is to attempt to level the playing field between banks and nonbank entities relative to compliance with federal consumer financial laws,” said CFPB Deputy Director Steven Antonakes in a speech before the Federal Deposit Insurance Corp.’s Advisory Committee on Economic...
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Consumer Complaints to Bureau Fell 8.5 Percent in Third Quarter

October 21, 2013
Consumer complaints submitted to the CFPB dropped 8.5 percent from the second quarter of 2013 to the third, the second consecutive quarterly drop, according to a new Inside the CFPB analysis of the bureau’s complaint database. The findings suggest financial services providers are getting a better handle on issues driving consumer gripes to the bureau, and doing a better job of responding to those complaints once they are lodged. Eight of the top 10 financial institutions as ranked by cumulative total of complaints saw a drop...
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20% of Mortgages Would Fail QM Safe Harbor, Vendor Analysis Finds

October 21, 2013
More than one in five loans originated today would not satisfy the criteria for the qualified mortgage “safe harbor” legal protections under the ability-to-repay rule promulgated in January by the CFPB, according to an analysis by ComplianceEase, a provider of risk management solutions to the financial services industry. The company’s analysis also found that more than half of such loans – or at least 10 percent of recently originated mortgages – have fees that exceed the new 3 percent points-and-fees threshold. Further, “Loans...
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Be Careful Complying Early with CFPB Mortgage Servicing Rules

October 21, 2013
It may be hard to believe, but there are some companies considering early compliance with the CFPB’s mortgage servicing rules which take effect on Jan. 10, 2014. But one top official from the bureau urged taking a cautious approach. Answering some questions about the effective date of the bureau’s mortgage servicing rules during a webinar sponsored last week by the Mortgage Bankers Association, Marta Tanenhaus, senior counsel with the CFPB, reminded participants that “no servicer is required to comply with the rules before Jan...
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Bureau Reps Dig Into the Weeds On Questions About Points and Fees

October 21, 2013
Subject matter attorneys from the CFPB participated in a webinar sponsored by the Mortgage Bankers Association last week on the bureau’s mortgage origination rules to try to give industry representatives some detailed responses to a number of frequently asked questions the agency has received in recent months. “One of our key priorities has been to bring increased clarity, certainty and burden relief wherever possible and appropriate to address critical questions that we heard from industry,” said Lisa Applegate, the...
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Mortgage Lenders: You Don’t Have To Originate QM or QRM Loans

October 21, 2013
As the mortgage lending industry continues to brace for qualified mortgage lending versus non-QM lending, and with the new qualified residential mortgage standard about to be put into play, it’s important lenders remember they don’t have to originate QM or QRM loans. “There is no legal requirement under [Dodd-Frank] to make QM or QRM loans,” Laurence Platt, a partner with the K&L Gates law firm in Washington, DC, told participants during a recent webinar sponsored by Inside Mortgage Finance, an affiliated newsletter...
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OIG Disputes Assertion it Lacks Authority Related to Bureau

October 21, 2013
The Federal Reserve Office of Inspector General, which also serves as the IG for the CFPB, took the unusual step of entering a public policy debate and challenged the assertion by the Bipartisan Policy Center that it doesn’t have adequate investigative and reporting powers related to the bureau. In its recent report on the CFPB, the center and its Task Force on Consumer Protection said, “The bureau should have all of the other trademarks of accountability that independent bank regulators share. The Dodd-Frank Act contains...
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CFPB Spent $13 Million on Data Collection Over Last Two Years

October 21, 2013
The CFPB spent $13.2 million over the last two fiscal years on various, and at times controversial, data collection activities, according to documentation the bureau sent to the leadership of the House Financial Services Committee. When CFPB Director Richard Cordray appeared before the House Financial Services Committee on Sept. 16, he got an earful from chairman Jeb Hensarling, R-TX, for dozens of answers the congressman said he never got from Deputy Director Steven Antonakes related to the bureau’s data collection...
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Vehicle Finance, Credit Cards Help Lift ABS Issuance in 3Q13, Ford on Top

October 18, 2013
A rebound in asset securitizations backed by car loans, dealer financing and credit cards fueled a solid 9.9 percent increase in non-mortgage ABS issuance during the third quarter of 2013, according to a new analysis and ranking by Inside MBS & ABS. A total of $42.00 billion of non-mortgage ABS were issued during the third quarter, reversing a sharp decline in new issuance during the previous three-month period. It lifted total production for the first nine months of 2013 to $127.34 billion, a 14.7 percent increase over the same period last year. The biggest component in the market has been...[Includes two data charts]
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Jumbo MBS Issuance Stalled by Portfolio Economics, Investors Seek Standardization

October 18, 2013
Lenders continue to originate non-agency jumbo mortgages, but few are likely to be securitized in the coming months due to more favorable economics for banks retaining the loans in portfolio. Longer term, many investors suggest they won’t return to the non-agency mortgage-backed security market until issuers standardize their offerings. The ABS East conference sponsored by Information Management Network last week in Miami presented a tale of two markets: jumbo MBS and everything else ...
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