A small mortgage lender that mostly provides loss mitigation financing to distressed homeowners has strayed into the CFPB's crosshairs and was compelled to pay $83,000 in a civil money penalty to settle charges it illegally split fees in violation of the Real Estate Settlement Procedures Act. Begun in 2004, 1st Alliance Lending, LLC, is an East Hartford, CT-based lender that purchases troubled mortgages from servicers, and then reaches out to the affected borrowers and offers them new loans with reduced principal amounts under federal mortgage efforts such as the Hope for Homeowners program.

Among the components of the CFPB's ability-to-repay/qualified mortgage rule, the 3 percent cap on fees and points was by far of greatest concern, a recent survey by the National Association of Realtors found. According to the NAR, 60 percent of survey respondents indicated that they were "very concerned" about the 3 percent points-and-fees cap. Also on the list of high concerns were the limitations on the annual percentage rate relative to the average prime offer rate for the general QM standard and the FHA's QM standards.

CFPB Deputy Director Steven Antonakes was harshly critical of the mortgage servicing industry and put servicers on notice they'll likely have a higher bar when it comes to making a good-faith effort than perhaps they were anticipating. Speaking last month at the Mortgage Bankers Association's mortgage servicing conference, Antonakes noted that back in 2006, when he worked as the Massachusetts Commissioner of Banks, he collaborated with the industry, urging servicers to increase the pace of loan modifications and engage in best practices.

The Republican-controlled House of Representatives, with the help of 10 renegade Democrats, voted last week to scale back some of the power and independence of the CFPB. As previously reported, H.R. 3193, the Consumer Financial Freedom and Washington Accountability Act, sponsored by Rep. Sean Duffy, R-WI, would replace the single CFPB director with a five-member, bipartisan commission appointed by the president and confirmed by the Senate. The goal here is "to ensure that a diversity of viewpoints informs the CFPB's regulatory and enforcement agenda, and to conform the CFPB's governance to that of other federal agencies charged with consumer or investor protection," according to the GOP contingent on the House Financial Services Committee.

The Dodd-Frank Wall Street Reform and Consumer Protection Act is proving to be a burden to small banks throughout the country and threatens to cut off a variety of product offerings for many of the borrowers they serve, according to a new study by George Mason University's Mercatus Center. "Our initial analysis suggests that Dodd-Frank is having significant effects on small banks and their customers. A large majority of small banks view Dodd-Frank as more burdensome than the Bank Secrecy Act, a regulatory regime that banks widely regard as very burdensome," said the study, which was prepared by a trio of academics, including senior research fellow Hester Peirce, former senior counsel to Sen. Richard Shelby, R-AL, on the Senate Banking, Housing and Urban Affairs Committee.

“Revenues at some of these firms are going to take a nosedive over the next year or so,” said Anthony Garritano, founder of the Progress in Lending Association, an industry think-tank.

The year’s top five FHA lenders – Wells Fargo, Quicken Loans, JPMorgan Chase, Freedom Mortgage and Bank of America – combined for 21.9 percent, or $46.0 billion, of total agency production, down 34.6 percent quarter over quarter.

Ocwen’s subprime receivables were purchased in the secondary market from other firms trying to exit the space.

HomeStreet might participate in or sponsor non-agency MBS going forward.

In an interview with IMFnews, Habib confirmed his resignation, but declined to say anything further about the company’s future.