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CFPB Compliance Guide on ATR Rule Leaves Large Lenders Chomping at the Bit for Guidance

April 18, 2013
The Consumer Financial Protection Bureau last week issued a small-entity compliance guide on its groundbreaking ability-to-repay rule promulgated in January. It’s a document that may help smaller firms but leaves big players wanting more. “Our goal with this guide is to provide a comprehensive rule summary in a plain language and Frequently Asked Questions format, which makes the content more accessible and consumable for a broad array of industry constituents, especially smaller businesses with limited legal and compliance staff,” the CFPB said. The bureau recommended...
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Regulators Pressured by Democrats in Congress to Increase Servicer Oversight

April 18, 2013
Democrats in Congress are putting pressure on federal regulators to increase oversight of servicers due to problems with independent foreclosure reviews and the $25.0 billion national servicing settlement. The regulators have pushed back to some extent while indicating that servicers will be subject to tighter oversight going forward. In 2011, consent orders from the Federal Reserve and the Office of the Comptroller of the Currency required independent foreclosure reviews to be completed by 14 servicers with the help of consultants. In January, most of the servicers agreed to stop the reviews and alternatively provide $8.5 billion in relief to borrowers. The regulators acknowledged...
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Wells Fargo Steps Up Plans to Sell MSRs, Unloads Big Reverse Package and Scouts for Project Manager

April 18, 2013
No one is suggesting that Wells Fargo will begin lopping off large chunks of its $1.9 trillion residential servicing portfolio in a fashion similar to what Bank of America has done the past two years, but clearly selling mortgage servicing rights is on its to-do list. The big question is how much Wells Fargo is willing to part with. The bank declined to discuss the matter with Inside Mortgage Finance, but confirmed that it seeks to hire what it calls a “project manager” to oversee the effort. A spokeswoman for Wells downplayed the significance of the hire, saying the person who eventually joins the staff will be a “non-executive.” At least four servicing professionals said...
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District Court Allows Class Action on Captive Reinsurance to Proceed Against Lender, MIs

April 18, 2013
A major mortgage lender and four private mortgage insurance companies – all co-defendants in a class-action lawsuit over captive reinsurance – failed to convince a federal court that the case should be thrown out because the charges were brought well after the timeframe allowed under the Real Estate Settlement Procedures Act. Instead, the U.S. District Court for the Eastern District of Pennsylvania ruled that the mortgage borrowers should have the benefit of “equitable tolling,” which allows plaintiffs to bring cases beyond the normal limits of the law if the defendant actively misled them or the plaintiff was prevented in some extraordinary way from asserting his rights in a timely manner. RESPA generally requires...
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House Budget Subcommittee Shows No Sympathy for HUD’s Spending Request, Chairman Calls for Line-by-Line Analysis

April 18, 2013
The Department of Housing and Urban Development’s fiscal 2014 budget proposal is in for some rough sailing in Congress as House appropriators, unmoved by pleas to soften the impact of sequestration, criticized HUD’s lack of commitment to fiscal reform. Appearing as the sole witness before the House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, HUD Secretary Shaun Donovan had an earful from Republican lawmakers who expressed “deep concern” about the lack of comprehensive reform proposals in the proposed budget. Subcommittee Chairman Tom Latham, R-IA, expressed...
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FHFA Moves to Find CEO for MBS Platform, But It’s Unclear How Much Project Will Cost

April 18, 2013
The Federal Housing Finance Agency is moving forward with its search to find a CEO to run the new common mortgage securitization platform that will one day be shared by Fannie Mae, Freddie Mac and, potentially, other issuers. But it’s anybody’s guess how much the regulator is willing to pay to get a top-flight candidate, according to industry observers. At least two individuals recently were approached about the job, according to these observers. Funding for the project will presumably come...
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Amid Replacement Chatter, FHFA’s DeMarco to Continue Securitization Platform, Fannie, Freddie Wind Down

April 18, 2013
For as long as Edward DeMarco remains acting director of the Federal Housing Finance Agency, he said he will push forward with the agency’s strategic plan to wind down Fannie Mae and Freddie Mac while encouraging the return of private capital to the secondary market. DeMarco, along with FHFA Inspector General Steve Linick, testified before the Senate Banking, Housing and Urban Affairs Committee this week. The hearing to evaluate the FHFA’s conduct as regulator and conservator to the government-sponsored enterprises occurred amid reports that the White House is poised to nominate Moody’s Analytics’ Chief Economist Mark Zandi as the FHFA’s new permanent director. “Fannie Mae and Freddie Mac were chartered...
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BofA Posts Another Mortgage Loss, GOS Falls, But Bank Grows Production with Refis at 91 Percent

April 17, 2013
Paul Muolo
Although all of Bank of America earned $2.6 billion in the first quarter, its mortgage business lost money thanks to legacy problems. Also, it appears the bank is addicted to refis.
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HUD Clarifies Procedures on ‘Self-Endorsed’ FHA Mortgages

April 17, 2013
George Brooks
The final HUD regulation marks the first time the agency has made changes to the LI program, which enables high-performing lenders to insure forward mortgages without a pre-endorsement review.
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FHFA Hires Search Firm to Find CEO for MBS Platform, Candidates Approached

April 17, 2013
Paul Muolo
CEO candidates are being approached by the Federal Housing Finance Agency to run the new single-GSE MBS platform.
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