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Firms Will be Held Accountable For Unlawful Debt Collection Practices

July 15, 2013
Debt collection practices are now fully and firmly on the CFPB’s radar. Last week, the bureau warned all companies under its jurisdiction that they will be held accountable for unlawful conduct in collecting a consumer’s debts. In the first of two bulletins, the CFPB makes clear that any entity subject to the Consumer Financial Protection Act of 2010, whether a third-party collector or a creditor collecting its own debts, can be held accountable for any unfair, deceptive or abusive practices in collecting a consumer’s debts...
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Dems Ratchet Up Pressure for Vote On Cordray. Will Reid ‘Go Nuclear’?

July 15, 2013
Up on Capitol Hill, it looks like push is about to become shove this week over President Barack Obama’s second nomination of Richard Cordray to continue as head of the CFPB. Sen. Majority Leader Harry Reid, D-NV, has been threatening to upend the Senate’s traditional filibuster mechanism and change the rule under which presidential nominees must receive 60 votes in order to be approved – a move long known among Washington, DC, politicos as the “nuclear option” because of the politically toxic fallout such a tactic is widely expected...
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CFPB, Other Feds Propose HPML Appraisal Requirement Exemptions

July 15, 2013
The CFPB and five other federal financial regulatory agencies issued a proposed rule last week that would create exemptions from certain appraisal requirements for a subset of higher-priced mortgage loans.Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, mortgages are deemed higher-priced if they are secured by a consumer’s home and have interest rates above a certain threshold. The proposed rule would exempt the following three types of HPMLs from Dodd-Frank appraisal requirements: certain loans secured by...
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Industry Groups Suggest Priority List For Changes to Appendix Q

July 15, 2013
The Mortgage Bankers Association and the Housing Policy Council of the Financial Services Roundtable provided the CFPB with a list of priority implementation items on the ability-to-repay/ “qualified mortgage” rule’s Appendix Q, which provides the standards to make the 43 percent debt-to-income determination required by the general QM standard. “We do not believe rigid adherence to deadlines should result in a rule that is unnecessarily difficult to implement or unduly limits credit for consumers,” the trade group reps...
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RESPA/TILA Disclosure Rule Now Due in Oct., CFPB Agenda Shows

July 15, 2013
The CFPB’s final rule to integrate the consumer mortgage disclosures under the Real Estate Settlement Procedures Act and the Truth in Lending Act is now projected to be issued sometime in October, a month later than had previously been indicated, according to the bureau’s semi-annual regulatory agenda update. The RESPA/TILA disclosure rule will be the last significant mortgage-related rulemaking as stipulated by the Dodd-Frank Wall Street Reform and Consumer Protection Act for the foreseeable future. All of the...
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Bureau Releases Dodd-Frank Mortgage Rules Readiness Guide

July 15, 2013
The CFPB has released the first version of the 2013 Dodd-Frank Mortgage Rules Readiness Guide, which provides a set of criteria and preparation procedures for residential mortgage lenders and originators. The guide’s purposes are to help regulated entities comply with the mortgage rules, highlight key issue areas that may be closely examined during a review, and focus the industry and examiners on key elements of a compliance management system that may warrant review, modification, or other enhancement. The guide...
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Industry Requests Temporary Fix On Counseling Disclosure Mandate

July 15, 2013
Five industry trade groups jointly wrote the CFPB asking for a short-term fix and offering ideas to help the industry in effectively implementing the new requirements for disclosure of homeownership counseling information to consumers at the time of loan application, which was one element of the bureau’s final rule on high-cost mortgage loans issued in January. “We urge the CFPB to adopt a temporary compliance measure that will be possible to implement by the January 2014 compliance deadline, pending steps necessary...
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Worth Noting/Legislative Roundup/Looking Ahead

July 15, 2013
Banking Industry Reps Ask CFPB to Delay Implementing Mortgage Rules. The CFPB should delay the January 2014 effective dates of several pending mortgage rules, a number of banking industry representatives said in a letter to CFPB Director Richard Cordray late last week. “These rules will dramatically refocus the entire lending process,” wrote the American Bankers Association and their state association affiliates. “Every participant in that process, from lenders to borrowers, service providers, appraisers, escrow agents, title...
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Non-Agency Jumbo MBS Issuance Up In Second Quarter, Slowdown Possible

July 12, 2013
Issuance of non-agency jumbo mortgage-backed securities increased by 9.9 percent in the second quarter of 2013 compared with the elevated levels seen in the previous quarter, according to the Inside Mortgage Finance MBS Database. However, rising interest rates and a reduction in refinance originations could slow issuance going forward, according to industry analysts. A total of $4.34 billion in non-agency jumbo MBS was issued in the second quarter of 2013, with deals from five issuers ... [Includes one data chart]
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Non-Agency Share of Jumbo MBS Issuance Rising

July 12, 2013
As issuance of non-agency jumbo mortgage-backed securities has increased in recent quarters and conforming jumbo MBS issuance has remained relatively flat, the non-agency sector has started to account for a larger share of jumbo mortgage securitization. A total of $15.07 billion in jumbo MBS – mortgages with balances above the traditional conforming loan limit of $417,000 – was issued in the second quarter of 2013, according to the Inside Mortgage Finance MBS Database ... [Includes one data chart]
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