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CFPB to Define What’s ‘Abusive’ Under Its UDAAP Authority

October 16, 2018
The CFPB will start a rulemaking process to clarify what practices will be deemed “abusive” in the bureau’s sweeping authority to ban unfair, deceptive and abusive acts or practices, said Acting CFPB Director Mick Mulvaney. Speaking at the annual convention of the Mortgage Bankers Association in Washington this week, Mulvaney said Congress has defined “unfair” and “deceptive” practices fairly clearly, but the meaning of “abusive” is not well established in the law....
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Industry Wants Clarity on Non-QM, Calling for Changes to ATR Rule

October 15, 2018
Originating home loans that don’t meet the qualified-mortgage standard remains a small, but rapidly growing market that’s looking more attractive at a time when agency mortgage lending is slowing. But many lenders are holding back because of a lack of clarity about non-QM compliance. Changes to the ability-to-repay rule may be necessary to move the non-QM niche to the next level, experts say. An estimated $21.5 billion of expanded-credit mortgages ...
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CFPB Tweaks Ways to Convey Supervisory Findings to Industry

October 15, 2018
The CFPB recently announced changes in how it communicates with lenders about supervisory events and how it will articulate supervisory expectations to institutions in the future. The bureau plans to continue sending examination reports and supervisory letters to institutions after exams are completed, according to a bulletin. These reports and letters will include two categories of findings: the matters requiring attention (MRAs) and supervisory ...
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Mortgage Group Calls for More Clarification for Trial Disclosures

October 15, 2018
The Mortgage Bankers Association last week suggested the CFPB provide more clarity in the trial disclosure program. The CFPB in September issued a proposed rule to revise its trial disclosure policy. The new policy would reduce the application burden, clarify timing requirements, establish procedures for extending successful trial disclosure programs, and facilitate coordination with state regulators. “The proposed revision of the [trial disclosure program] ...
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Administration Officials Continue Push for Coordination with States

October 15, 2018
A top CFPB official last week touted the agency’s strategy on fintech and innovation in financial services as a perfect fit with its emphasis on cooperating with state regulators. Paul Watkins, director of the CFPB’s Office of Innovation, said the bureau is taking unique steps to coordinate with state regulators in creating regulatory sandboxes for financial technology companies. He joined other government officials in making remarks at the Bank Policy Institute’s ...
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Waters Seeks to Get the CFPB Back to Obama-Era Operation

October 15, 2018
Rep. Maxine Waters, D-CA, ranking member of the House Financial Services Committee, introduced a bill to undo changes Acting CFPB Director Mick Mulvaney has made to the agency during his tenure. The legislation has no chance in the current session of Congress, but it would likely get on the fast track if Democrats win control of the House in the upcoming midterm elections. “My bill, the Consumer First Act, would reverse the harmful changes the Trump administration ...
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Incenter, Phoenix Capital Out with New MSR Auction Notices

October 14, 2018
Paul Muolo
IMA described the selling originator as an “independent mortgage banker with strong net worth...
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GSE Single-Family Business Up 10 Percent in 3Q18

October 14, 2018
John Bancroft
Fannie enjoyed a 29.9 percent quarterly increase in purchase business, nearly double Freddie’s 15.4 percent gain.
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Short Takes: GSE Pilot Hearing Postponed / An Opportunity to Gather Intelligence? / Freddie's Qualification Tool for Self-Employed Borrowers / GSE Duty-to-Serve Updates / New Hires for ComplianceEase, Element Funding

October 14, 2018
Carisa Chappell and Paul Muolo
The Senate Banking Committee's review of GSE pilot programs will have to wait...
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Mortgage-Hungry Insurance Conglomerate Hits the Pause Button on M&A as Grand Jury Convenes

October 12, 2018
Paul Muolo
Eli Global’s mini-mortgage empire includes lender/servicer Castle & Cooke, wholesaler Western Bancorp, Prime Mortgage and a warehouse lending division called CapLoc…
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