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House Panel Passes Measure That Would Override CFPB Rules

July 29, 2013
Thomas Ressler
The House committee again approved legislation taking aim at mortgage rules established by the Consumer Financial Protection Bureau.
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Unidentified Lenders Account For Growing Share of Jumbo MBS

July 29, 2013
Brandon Ivey
Small, unidentified lenders are accounting for an increasing share of contributions to non-agency jumbo mortgage-backed securities.
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Short Takes: Freddie CFO Stresses GSE's 'True Value' / Fortress Fund Seeks MSRs / Whole Loan Purchase / New Policy Advisor at ASF

July 29, 2013
Brandon Ivey
Freddie Mac's CFO said the "true value" provided by the government-sponsored enterprises isn't billions of dollars in profits. Meanwhile, firms continue to pursue mortgage servicing rights.
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Bureau Sues Firm for ‘Upselling’ Mortgages, Giving Bonuses to LOs

July 29, 2013
The CFPB filed a civil suit last week against Castle & Cooke Mortgage and two top executives, accusing the Utah-based nonbank of illegally giving bonuses to loan officers who steered consumers into mortgages with higher interest rates. Overall, the firm paid 500 quarterly bonuses – roughly $4 million in compensation – to its retail loan officers, based on a compensation structure that rewarded them for bringing in mortgages at higher note rates, the government charges.In its suit, filed in U.S. District Court for the Central District...
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CFPB Sued, Legality Challenged By Targets in Debt Relief Action

July 29, 2013
Two targets of the CFPB’s recent crackdown on the debt relief industry sued the bureau in federal district court in Washington, DC, last week, challenging the constitutionality of the agency, as well as accusing it of “data mining” and attempting to obtain sensitive bankruptcy information protected by attorney-client privilege. At the heart of the dispute is a civil investigative demand the CFPB issued in March 2012 to Morgan Drexen Integrated Systems, whose personnel served as paralegals and other support staff for Connecticut...
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Mortgage Complaints Dropped Broadly in 2Q, Latest Data Show

July 29, 2013
Complaints consumers had about their mortgages dropped across the board – loan application and origination, servicing, and modification – during the second quarter of the year, according to a new analysis and ranking by Inside the CFPB. Our review of the second-quarter data based on complaints filed with the CFPB showed that gripes about loan modifications dropped the most during the period, down 10.3 percent. Servicing-related grievances fell 6.5 percent from the first quarter, while complaints about the loan application and origination process...
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Will the CFPB be More Aggressive Now That Cordray is Street Legal?

July 29, 2013
Now that President Barack Obama’s nomination of Richard Cordray for a full term as director of the CFPB has gained the grudging consent of the U.S. Senate, perhaps the key issue for the financial services industry is whether the bureau will behave any differently. “The debate about the bureau is going to continue, there’s no question about it,” said one industry attorney formerly on Capitol Hill. “Clearly, on the Republican side, you can see there are serious concerns. They took the unprecedented step of refusing to initially...
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House Panel Passes Measure That Would Override Bureau Rules

July 29, 2013
The House Financial Services Committee recently voted 30‐27 to approve H.R. 2767, the Protecting American Taxpayers and Homeowners (PATH) Act, the housing reform bill introduced by Rep. Jeb Hensarling, R‐TX, the committee chairman. Among the bill’s Title IV provisions are a handful of “regulatory relief” overrides to various CFPB mortgage-related rulemakings. For example, Section 403 includes changes to the points-and-fees definitions for the “qualified mortgage”/ability-to-repay rule that also were included in H.R 1077...
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Lender Reps Ask CFPB to Reconsider Appraisal Rule

July 29, 2013
Two industry groups have jointly written the CFPB requesting the bureau reconsider a final rule that requires lenders to disclose and deliver appraisals to consumers for both residential loans and commercial loans. The American Bankers Association and the Mortgage Bankers Association said the rule is going to create challenges for lenders when a dwelling is securing business credit, asserting it would place large burdens on lenders, as they may have to deliver thousands of appraisals to non-consumers in commercial settings...
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Other Regulators Find Problems With Proposed Rule Amendments

July 29, 2013
The New York State Department of Financial Services is concerned that the CFPB’s proposed amendments to its mortgage loan servicing rulemaking would interfere with the state’s early-intervention efforts on behalf of delinquent homeowners. Here’s the problem, as NY DFS sees it: Under the CFPB’s proposed amendments to the mortgage rules per the Real Estate Settlement Procedures Act/ Regulation X, mortgage servicers are prohibited from making “the first notice or filing required by applicable law for any judicial or non-judicial...
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