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Bureau Takes on Supervision of Big Nonbank Student Loan Servicers

March 25, 2013
The CFPB issued a proposed rule that would extend its supervisory authority to large nonbank student loan servicers, which it would define as those handling more than 1 million borrower accounts. With that threshold, the bureau estimates that it would have authority to supervise the seven largest student loan servicers. “Combined, those seven service the loans of 49 million borrower accounts, representing most of the activity in the student loan servicing market,” the CFPB said. The bureau currently oversees student loan servicing at...
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Points-and-Fees Bill Would Supplant, Ease CFPB Definition

March 25, 2013
Reps. Bill Huizenga, R-MI, and David Scott, D-GA, both members of the House Financial Services Committee, have reintroduced the Consumer Mortgage Choice Act, H.R.1077, legislation that would ease the definition of points and fees that the CFPB articulated in its ability-to-repay final rule issued in January. The definition is a key factor in determining whether a mortgage is a “qualified mortgage,” which requires that fees and points not exceed 3 percent. Currently, the definition would make hundreds of thousands of...
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Bureau Complaint System Might Now Include Debt Collection Issues

March 25, 2013
The CFPB might be on the verge of accepting consumer complaints about debt collection and/or payday and short‐term loans, if the bureau is not already doing so. This would be another indication that the CFPB is aggressively expanding its efforts to protect consumers throughout the financial services sector. The bureau plans to hold a public field hearing in Des Moines, IA, later this week to discuss its consumer complaint database. The field event is expected to…
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CFPB Exercising Authority Over 60 Percent of Debt Collection Market

March 25, 2013
The CFPB now has the lion’s share of the oversight of the consumer debt collection market. Under the “larger participant” rule recently adopted by the CFPB, any firm with more than $10 million in annual receipts from consumer debt collection activities is now subject to the bureau’s supervisory authority. “This authority extends to about 175 debt collectors, which accounts for over 60 percent of the industry’s annual receipts in the consumer debt collection market,” the bureau said in its annual report to Congress on the Fair...
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CFPB Targets Auto Lenders For Discriminatory Markups

March 25, 2013
In a sign that fair lending enforcement may be about to flex its muscle in the auto finance sector, the CFPB last week issued a bulletin asserting the authority to hold indirect auto lenders accountable for illegal, discriminatory pricing markups, and providing guidance to such lenders within the bureau’s jurisdiction on how to appropriately handle fair lending risk. “Consumers should not have to pay more for a car loan simply based on their race,” said CFPB Director Richard Cordray. The bureau’s bulletin “clarifies...
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Will GOP Senators Make Cordray A Lame Duck? Does it Matter?

March 25, 2013
With Senate Republican opposition to the structure of the CFPB showing no signs of faltering going into Congress’ spring break, speculation has begun to shift to what might happen at the bureau should the GOP again succeed in blockading Richard Cordray’s nomination as head of the bureau. The Democrat-controlled Senate Banking, Housing and Urban Affairs Committee last week approved, as expected, President Barack Obama’s nomination of Richard Cordray to be the director of the CFPB for a full, five-year term...
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Feds Try to Keep Canning at Bay While Hensarling Targets Funds

March 25, 2013
The National Labor Relations Board announced earlier this month that it will not seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the District of Columbia affirmed that President Barack Obama’s Jan. 4, 2012, recess appointments of three members to the board were unconstitutional. “The board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision,” the NLRB said. The petition is due...
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Ex-Encore Chief Daurio Says He Has $100 Million in Commitments for Subprime

March 25, 2013
Paul Muolo
A third non-agency, nonprime lender may come into being this year.
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Senate Passes Budget, Including Ban on Using G-Fees for Non-Fannie/Freddie Expenditures

March 25, 2013
Paul Muolo
As part of the budget, an amendment passed the Senate that would prevent any hike in g-fees for non-housing issues.
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Short Takes: Phyllis Caldwell, FHFA Chief? / No Independent IG for CFPB? / Two Harbors Raises More Money / No Word on MBS M&A

March 25, 2013
Paul Muolo and Thomas Ressler
Who is Phyllis Caldwell, and why is she being mentioned for the FHFA job?
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