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House Subcommittee Considers Mortgage Legislation

January 10, 2018
Thomas Ressler
The House Financial Services Subcommittee on Financial Institutions and Consumer Credit held a hearing Tuesday to consider legislation that would affect the mortgage industry and institutions regulated by the CFPB.
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In the Wake of Program Changes, HECM Lending Declines in 3Q17

January 9, 2018
George Brooks
The origination of reverse mortgages fell by 7.3 percent on a sequential basis in the third quarter of 2017 in the wake of changes made to the program by FHA.
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CFPB’s Oversight Functions Hampered by Freeze on Collection of Personal Information

January 9, 2018
Brandon Ivey
“The CFPB cannot fulfill its core functions without collecting personally identifiable information,” said Sen. Elizabeth Warren, D-MA.
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Large Lenders Increase their Share of GSE Business in Fourth Quarter

January 9, 2018
John Bancroft
The top five sellers to Fannie Mae and Freddie Mac posted a combined 14.1 percent increase in volume from the third to the fourth quarter, boosting their share of the market to 38.4 percent.
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Short Takes: Delinquencies Increase / Citi Adopts Digital Platforms / Interest Rate Trends by Credit Score / TMS Plots Growth

January 9, 2018
Brandon Ivey
CoreLogic noted that early-stage delinquencies continued to increase in October in some areas hit by hurricanes.
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What to Expect Under Mulvaney: Maybe Significant Rule Changes?

January 8, 2018
It’s possible that mortgage lenders and servicers will see the CFPB during the tenure of Acting Director Mick Mulvaney use the five-year “look back” the bureau is required to perform to make significant changes to a pair of major rulemakings: the Truth in Lending Act/Real Estate Settlement Procedures Act integrated disclosure rule (TRID) and the ability-to-repay rule. Donald Lampe, a partner with Morrison & Foerster law firm in Washington, DC, explained, “In Dodd-Frank, there’s a five-year required regulatory review, and there are two of those regulatory reviews that are still under advisement: one for TRID and the other for the ATR/qualified mortgage rule. “If I’m thinking about 2018, I feel pretty confident to say that those processes bear careful attention ...
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CFPB, Other Feds, to Cut Lenders Some ‘Good Faith’ Slack on HMDA

January 8, 2018
As 2017 came to an end, the CFPB and other federal prudential regulators informed the industry they would implement a “good faith efforts” enforcement philosophy toward lender compliance with the new requirements under the Home Mortgage Disclosure Act that took effect Jan. 1. The CFPB in 2015 put out its rule under which financial institutions were required to collect and report new mortgage data points for loans made after Jan. 1, 2018. This past August, the bureau released a final rule that clarified some reporting requirements, increased the threshold for collecting and reporting data on home equity lines of credit for two years, and made various technical corrections. “The bureau recognizes the significant systems and operational challenges needed to meet ...
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HMDA Requirements a Top Bank Compliance Concern

January 8, 2018
Banks are increasingly worried about staying compliant with all the recent regulations they’re contending with – and the new Home Mortgage Disclosure Act requirements are still one of the biggest concerns. A new regulatory and risk management survey from Wolters Kluwer based on 2017 data registered a 3 percent increase over 2016. “The ability to maintain compliance in an environment of heightened regulatory oversight – highlighted by a spike in the number of major new regulations – remained the biggest overall compliance concern, as cited by 67 percent of respondents,” the report stated. Concerns over fair lending regulatory examinations increased by 5 percent to 46 percent, and concerns jumped 13 percent in measuring the ability to manage risk across all lines of business ...
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Bureau to Take Another Look At New HMDA Requirements

January 8, 2018
In conjunction with the interagency regulatory pledge to pursue a “good faith efforts” approach to the enforcement of new reporting requirements under the Home Mortgage Disclosure Act, the CFPB also announced it plans to initiate a rulemaking to reconsider various aspects of the 2015 HMDA rule – most notably on issues such as the institutional and transactional coverage tests and the rule’s discretionary data points. “More specifically, the rulemaking may re-examine lending-activity criteria that determine whether institutions are required to report mortgage data,” it said. Other revisions might be made to the new requirements to report certain types of transactions. The bureau also is likely to re-assess the additional information that its HMDA rule requires beyond the new data points specified ...
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How Should Lenders Cope With English v. Mulvaney?

January 8, 2018
Regardless of the outcome of the struggle for control over the CFPB in the wake of former Director Richard Cordray’s departure, lenders are being conservatively advised to maintain compliance practices that can withstand the ebb and flow of political appointees, according to one top compliance attorney.“While the Trump administration is pushing for deregulation and removing the independence of the CFPB, if it is successful, it may be risky and costly for the financial industry to abandon all of the concepts of fairness to consumers that have been embodied in the CFPB’s actions,” Maria Macoubrie, of counsel in the Kansas City, MO, office of the Stinson Leonard Street law firm, said in a recent online blog. She conceded that less ...
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