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House Panel Votes to Tweak Points-and-Fees Formula

April 6, 2015
Shortly before the U.S. Congress vacated the nation’s capital for its spring recess, the House Financial Services Committee passed, with varying levels of bipartisan support, a package of regulatory relief bills, including a handful related to rulemakings from the CFPB. Most notable among them is H.R. 685, the Mortgage Choice Act, sponsored by Rep. Bill Huizenga, R-MI. H.R. 685 aims to assist banks that originate mortgages through the wholesale channel by modifying the points-and-fees formula in the CFPB’s ability-to-repay rule. The measure would exclude from the calculation insurance and taxes held in escrow and fees paid to affiliated companies as a result of participating in an affiliated business arrangement. The committee approved the bill by a 43-12 vote, despite a ...
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Small Lenders Continue to Press For QM Status for Portfolio Loans

April 6, 2015
The Independent Community Bankers of America told the CFPB that it strongly supports some of the key proposed changes to the ability-to-repay/qualified mortgage rule. However, more must be done, including the establishment of a safe harbor for community bank mortgages held in portfolio. “[W]e strongly believe community bank loans that are held in portfolio, including balloon mortgage loans, should be considered QM loans that receive automatic legal safe harbor protections and an exception from any escrow requirements for higher-priced mortgage loans,” the trade group said in a comment letter. When a community bank holds a loan in portfolio, it has 100 percent of the credit risk, a direct stake in the loan’s performance and every incentive to ensure it is ...
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Prepaid Rules Could Hurt Underbanked, Commenters Say

April 6, 2015
Many financially struggling consumers echoed the American Bankers Association in arguing that the CFPB’s proposed rules on prepaid products could hurt the so-called underbanked and those who sometimes have more month than they do money. “The CFPB’s proposed rules for prepaid products include some onerous provisions that could create insurmountable compliance barriers for banks offering the cards,” the ABA said in a comment letter. “This would be particularly harmful for ‘underbanked’ individuals, many of whom rely on prepaid accounts as an alternative to traditional deposit products.” One barrier is the CFPB’s proposed treatment of overdrafts, which “effectively prohibits linking prepaid cards to overdraft services ... and prohibits imposing any fee when an account is in overdraft status,” the trade group ...
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Complaints About Mortgages Plunge Quarter Over Quarter

April 6, 2015
Consumer complaints to the CFPB fell in most financial service product segments during the first quarter, not only from the previous quarter but also from one year ago, according to the latest analysis of bureau data by Inside the CFPB. Total gripes in the first quarter of 2015 declined 8.2 percent from the fourth quarter of 2014, and slid 17.0 percent compared to the first quarter of 2014. Once again, consumer criticisms about residential mortgages led the decline in both timeframes, dropping 20.3 percent quarter over quarter and plunging 33.5 percent year over year. The fall-off is likely due to the shrinkage in overall mortgage originations as well as the continued recovery in the overall housing and mortgage markets.The [with exclusive data chart] ...
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Top Lenders Will Accelerate Their Closing Disclosures for TRID

April 6, 2015
Some of the top mortgage lenders in the United States plan to move up their consumer disclosure- related processes even more than the CFPB is requiring under its integrated disclosure rule, which takes effect Aug. 1, 2015. It looks like they are just trying to be conservative and provide a bit of a cushion, at least in the initial transition period to a revamped disclosure regime. Bob Kelly, head of Truth in Lending Act/Real Estate Settlement Procedures Act implementation at Bank of America, told Inside the CFPB, “One thing that I think the CFPB sought to really have is that customers know before they owe. From a customer perspective, they often felt that the process to close was hurried and ...
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Briefs: Worth Noting/CFPB in Brief/Vendor Update

April 6, 2015
It’s Time to Scale Back Dodd-Frank, Industry Says. With a new Republican majority now in power and calling the shots on Capitol Hill, the industry consultants at The Collingwood Group recently asked mortgage industry officials what they thought the new Congress could do to bolster the housing market. Their answer? Rein in Dodd-Frank. “Although just fewer than 50 percent of respondents selected ‘repeal Dodd-Frank’ or ‘abolish the CFPB,’ the comments submitted clearly indicate that these industry insiders prefer a tempered approach with reasonable modifications to these two reactionary reform measures stemming from the crisis,” Collingwood said. “Many respondents stated that the Dodd-Frank Act should be revised to remove barriers to innovation and to reduce the cost of manufacturing a mortgage.” ...
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New Residential Buys HLSS Via Asset Purchase; Merger Kaput

April 6, 2015
Paul Muolo
The original merger agreement, unveiled in late February, was an all-cash deal valued at $1.3 billion.
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Golding Appointment as FHA Chief Raises Eyebrows on Capitol Hill

April 3, 2015
The unusual appointment of a senior advisor to replace Acting FHA Commissioner and Assistant Secretary of Housing Biniam Gebre is causing Republicans to sit up and take notice. Last week, Housing and Urban Development Secretary Julian Castro tapped Edward Golding to head the FHA, not in an acting capacity, but as a “principal deputy assistant secretary.” The new title grants Golding broad powers to manage the FHA’s daily operations but does not come with the full authority of an FHA commissioner. For example, Golding is restricted from issuing final rules or notices of funding availability. He may not endorse mortgages for insurance that exceed $50 million, such as loans for hospitals and other multifamily structures. Moreover, it is unclear how much enforcement power Golding can wield. More interestingly, however, the process that facilitated Golding’s appointment allows ...
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Reliability of a Lender’s Preapproval a Key Issue for Real Estate Agents

April 3, 2015
Brandon Ivey
One real estate agent said an unidentified lender offers preapproval letters to “anyone who walks in.”
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Fannie Mae Unveils Concrete Plans to Sell Nonperforming Loans; BofA Product?

April 3, 2015
Carisa Chappell
Fannie Mae indicated that this auction will be the kick-off to future sales.
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