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GOP Probes Ex-CFPB Staff Over Regulatory Revolving Door

August 12, 2013
House Financial Services Chairman Jeb Hensarling, R-TX, and House Oversight and Government Reform Committee Chairman Darrell Issa, R-CA, sent a letter to CFPB Director Richard Cordray recently, expressing concerns that senior employees have left the bureau in order to profit from the very rules they helped create. “Simply put, it appears that former CFPB employees are now offering financial products in a market sector created by the very rules they were in a position to influence while working in senior leadership positions...
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QM/QRM/Dodd-Frank Might Be Killing Off Joint Ventures

August 12, 2013
Up until recently, if a mortgage joint venture of Wells Fargo asked its partner if the megabank was still feeling the love for joint ventures, the answer would’ve been yes. At least that’s the word from one JV executive who received the news recently that Wells was tossing all of its origination JVs overboard. Earlier in the year, the bank told its two largest JVs – HomeServices Lending and Prosperity Mortgage – that everything was hunky dory. Well, apparently not. Of course, both Home and Prosperity needn’t worry...
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Due Diligence in Vetting Vendors Critical to QM Compliance

August 12, 2013
With the prospect of the qualified mortgage right around the bend for the mortgage lending industry, it could be easy for lenders to be so focused on getting their points-and-fees calculation to a point of near-perfection. But don't lose sight of your third-party vendors. Michael Chan, vice president at ComplianceEase in Burlingame, CA, gave some attendees at a recent Inside Mortgage Finance webinar on the QM a list of features and characteristics that should be part of a lender's every due diligence effort to vet and review a...
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Fannie, Freddie Dataset to Support Pending CFPB Closing Disclosures

August 12, 2013
Even though the CFPB has yet to release its final rule and related forms under its consolidated consumer disclosure project, Fannie Mae and Freddie Mac recently announced they are working on a standardized dataset to support the forms when the rule is finalized by the bureau, which is expected in October. The government-sponsored enterprises’ dataset is called the Uniform Closing Dataset, and is a component of Fannie’s and Freddie’s Uniform Mortgage Data Program, an ongoing effort to enhance the accuracy and quality of loan data...
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FTC Seeks to Extend Enforcement Partnership With Consumer Bureau

August 12, 2013
The Federal Trade Commission plans to ask the Office of Management and Budget to extend through Nov. 30, 2016, the current Paperwork Reduction Act clearance for the FTC’s shared enforcement with the CFPB of the information collection requirements in Regulation N (Mortgage Acts and Practices – Advertising). That clearance expires Nov. 30, 2013. The FTC is inviting public comments on a handful of related issues, the first of which is whether the proposed collection of information is necessary for the proper performance of the...
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Fair Lending Considerations Important to QM Points-and-Fees Calculation

August 9, 2013
Thomas Ressler
Lenders would be well served to periodically re-assess the fair lending impact of their policies especially in regard to the qualified mortgage rule.
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Hensarling Housing Reform Bill Includes Provisions For a Covered Bond Market, At FDIC’s Expense

August 9, 2013
The Federal Deposit Insurance Corp. would be prohibited from repudiating covered bonds when resolving a failed banking institution under the provisions of a controversial housing reform bill put together by the Republican leadership of the House Financial Services Committee and passed out of committee last week. That prohibition would go a long way toward resolving the long-standing hurdles that have thwarted development of a covered bond market in the United States. But it also amps up the level of controversy associated with H.R. 2767, the Protecting American Taxpayers and Homeowners Act of 2013, introduced by Committee Chairman Jeb Hensarling, R-TX, and Rep. Scott Garrett, R-NJ, the architect of a covered bonds bill introduced in the 112th Congress. The relevant provisions in the PATH Act are...
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Fannie, Freddie Dataset to Support CFPB Closing Documents

August 9, 2013
Thomas Ressler
Fannie Mae said that, assuming publication of the CFPB final rule comes in the fall, more information will be available later in 2013 on implementation plans.
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FHFA Hires Search Firm to Find Common Securitization Platform Chief; But Can the CEO Live on $450,000 a Year?

August 9, 2013
The Federal Housing Finance Agency, after months of interviewing executive search firms, has hired the Washington-based Spencer Stuart to find a chief executive to man the helm of the “common securitization platform” project being developed by the two government-sponsored enterprises. According to sources familiar with the regulator’s plans, the starting salary for the job is in the range of $450,000, plus benefits. Sources say FHFA has handed...
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Retroactive Losses on Non-Agency MBS From Principal Forbearance Continuing

August 9, 2013
Some servicers have retroactively applied losses to non-agency MBS from principal forbearance completed long ago even after suggesting that such losses were unlikely. Analysts warn that further losses are likely, at the expense of investors in the senior tranches of non-agency MBS. In May, some 170 non-agency MBS serviced by Ocwen Financial took combined losses of more than $1.0 billion due to accounting for principal forbearance that occurred before July 2012. The retroactive losses should have been reported at the time of the loan modification, according to guidelines for the Home Affordable Modification Program. The losses were included in remittance reports for May after servicing on the deals transferred from Homeward Residential to Ocwen. Later, 231 non-agency MBS serviced by Nationstar Mortgage took...
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