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Did CFPB Overstep its Bounds by Using Its UDAAP Power to Apply FDCPA Provisions to Servicers?

July 18, 2013
The Consumer Financial Protection Bureau may have over-reached by extending its new bulls-eyes on debt collectors to mortgage servicers, according to some top mortgage industry attorneys. The CFPB last week warned all companies under its jurisdiction that they will be held accountable for unlawful conduct in collecting a consumer’s debts, citing its authority under the Dodd‐Frank Act, which prohibits “unfair, deceptive, or abusive” acts or practices (UDAAPs). Attorney Alan Kaplinsky, a practice leader in the Philadelphia office of the Ballard Spahr law firm, said it’s particularly significant that the bulletins not only address the conduct of debt collectors and debt buyers, but also are directed at creditors and servicers. CFPB Bulletin 2013‐07 makes...
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Ginnie Approvals Already Surpass Last Year’s Total, But Nonbanks a Problem

July 17, 2013
Paul Muolo
Banks have a strong track record on obtaining Ginnie Mae approvals, nonbanks not so much.
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Ginnie Mae MBS Issuance Up in First Half of 2013

July 17, 2013
George Brooks
Wells Fargo, the nation's large home funder, accounted for almost 31 percent of total Ginnie Mae issuance during the first half of 2013.
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BofA Continues to Lose Money on Mortgage Unit, Refis Sky High at 83 Percent

July 17, 2013
Paul Muolo
Bank of America's mortgage business continued to recover in the second quarter, but its rep and warranties exposure remained high at $16.64 billion.
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Corker-Warner Pitch Their GSE Reform Effort Over Hensarling’s ‘Ideologically Pure’ Bill

July 17, 2013
Charles Wisniowski
Sens. Bob Corker, R-TN, and Mark Warner, D-VA, say their mortgage reform measure strikes the right chord between Democrat and Republican concerns.
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Refis at Lowest Point in More Than Two Years

July 17, 2013
Paul Muolo
Is the great refi wave just about over?
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Short Takes: Nationstar Lays Groundwork for Another BofA MSR Deal / PHH Revises Warehouse Agreement with RBS / The Fed Will Keep Gobbling Up MBS / The CFPB’s Cordray is Finally Street Legal / An OIG For CFPB?

July 17, 2013
Paul Muolo and Thomas Ressler
Nationstar Mortgage is issuing $250 million of debt, hinting that it may buy more MSRs from Bank of America.
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MBA Wants a Common GSE MBS, More

July 16, 2013
Charles Wisniowski
The MBA believes that the Treasury Department – despite being the GSEs’ single biggest shareholder – has been absent on Fannie/Freddie reform since early 2011.
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Consumer Complaints to CFPB About Mortgages Decline

July 16, 2013
Thomas Ressler
The numbers suggest that after seven quarters of complaints being received by the CFPB, mortgage lenders are getting a better handle on complaint resolution.
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FHFA OIG Wants Performance Measures on G-Fee Hikes

July 16, 2013
Paul Muolo
In 2012 single-family g-fees allowed Fannie Mae and Freddie Mac to collect $12.5 billion from its seller/servicers.
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