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.
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.
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.
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.
In another sign of how serious the CFPB intends to be in pursuing alleged mortgage servicing abuses, the bureau is planning to take an enforcement action against Green Tree Servicing LLC, a wholly owned subsidiary of Walter Investment Management Corp., for alleged violations of federal consumer financial laws."On Feb. 20, 2014, the Federal Trade Commission and CFPB staff advised Green Tree that it has sought authority to bring an enforcement action and negotiate a resolution related to alleged violations of various federal consumer financial laws," the parent company said last week in earnings-related disclosures with the Securities and Exchange Commission.
In a rambling, 6-page letter sent to the GSE’s board, Fairholme Managing Member Bruce Berkowitz claims Fannie Mae’s equity securities are now valued by the market at $36 billion.
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.
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