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Industry Reps Ask CFPB to Further Clarify Mortgage Servicing Rules

November 14, 2016
The Consumer Mortgage Coalition and the Mortgage Servicers Working Group last week requested guidance from the CFPB on a variety of implementation issues having to do with the bureau’s recently finalized mortgage servicing regulation. One of the things they asked for in correspondence to the bureau was confirmation that servicers may send bankruptcy statements before the regulation’s effective date, even if the servicers are not currently sending them. On the issue of short-term loss mitigation, the industry participants requested clarification that, prior to Oct. 19, 2017, servicers may offer and provide short-term repayment plans without a complete loss mitigation application, and without continuing to exercise diligence in completing an application, provided a handful of requirements are otherwise being met. They ...
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GSEs Endorse Aspects of TRID That Support Uniform Closing Dataset

November 14, 2016
Government-sponsored enterprises Fannie Mae and Freddie Mac recently expressed support for those portions of the CFPB’s TRID clarifying rulemaking that facilitate their Uniform Closing Dataset, which they developed to support the accurate disclosure of data on the closing disclosure. “The GSEs believe that the bureau should retain the current status of the sample forms, specifically, as model forms under the Truth in Lending Act and standard forms under the rule pursuant to authority under the Real Estate Settlement Procedures Act,” Fannie and Freddie said in a recent comment letter to the bureau. “Much of the required text of the integrated disclosure is dynamic. It is not contained in the blank forms, and instead is only illustrated when the form is ...
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CFPB Fueling Consolidation of Community Nonbanks, Group Says

November 14, 2016
The Community Home Lenders Association told the CFPB that the existence of the bureau as a dual regulator along with state supervision of nonbank lenders is exacerbating the consolidation of such community lenders to the detriment of consumers. “In establishing and implementing mortgage rules, Congress and the CFPB have recognized the value of smaller community lender/servicers and created certain targeted exemptions, such as certain Regulation Z and Regulation X exemptions for smaller servicers,” the CHLA said. The trade organization’s remarks were delivered in a public comment letter submitted to the agency as part of the bureau’s TRID clarifying rulemaking process. The problem is, these exemptions generally are targeted towards community banks and credit unions, and legislation pending in Congress is ...
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TRID 2.0 Poses Software Implementation Challenges

November 14, 2016
Implementing the changes that the CFPB is proposing to its TRID rule will involve the deployment of a considerable amount of resources, time and energy, software vendors told the bureau recently. In a comment letter sent to the bureau, DocMagic said that many of the agency’s proposed changes would require a substantial amount of reprogramming by not only technology vendors but also by creditors, investors and settlement agents. “In addition, each programming change would need to be tested to ensure the software integrations among the thousands of companies in the industry work properly,” the company said. DocMagic also pointed out that it operates SmartCLOSE, which is a collaborative closing portal that allows creditors and settlement agents to collaborate to complete ...
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TRID 2.0: The Comments: Rule Causes Tension to Flare Between Industry Factions

November 14, 2016
  Some of the public comments submitted to the CFPB regarding its TRID 2.0 clarifying rulemaking highlight tensions and rivalries that have emerged between different factions in the homebuying and mortgage-making industry since the original integrated disclosure rule took effect. In its comment letter on the bureau’s proposal, one point of emphasis that JPMorgan Chase raised is that lenders need better cooperation from settlement agents. “The success of the rule largely depends on the collaboration of a…
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Short Takes: If Jeb Becomes Treasury Secretary is a GSE Settlement Possible? / Still Rising: The Share Price of Fannie and Freddie Common / IU to Discuss Risk Sharing / Housing Goal Misses / Another Name for the HUD Job

November 14, 2016
Paul Muolo and Carisa Chappell
Meanwhile, the share price of Fannie Mae/Freddie Mac common continues to rise...
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Trump Win Means CFPB Will Be Defanged. But Just How Much?

November 14, 2016
Last week’s surprise presidential victory by Republican billionaire real estate developer Donald Trump means some big changes for rulemaking and enforcement activities at the CFPB, to the benefit of the financial services industry, according to the consensus of a variety of analysts and experts. The most likely changes have to do with replacing the bureau’s single director leadership structure a bipartisan commission, and subjecting the agency to the congressional appropriations process. But the tenure of the current director, Richard Cordray, also could come into play, some feel. FBR & Co. analyst Edward Mills and his team predict the agency will have a new director “following the D.C. Circuit Court of Appeals ruling [involving PHH Corp.] that allows the president to ...
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And the Beat Goes On: FHA Premium Cut Not Looking Good

November 14, 2016
Paul Muolo
KBW believes that while the capital measurement for forward loans is likely to increase, the chances of a premium cut is low.
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GSE Plaintiffs Spar with Agencies Over Timing of Document Release

November 14, 2016
Carisa Chappell
-“While plaintiffs did not begrudge defendant a reasonable time to review the court’s decision, it is apparent that the defendant has now settled on a legal strategy but is unwilling to disclose that strategy to the extent doing so would require it to produce documents prior to the D.C. Circuit’s anticipated ruling,” Fairholme argued in court papers.
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Window Rock Acquires Assets from WinWater to Help Launch Mortgage Conduit

November 14, 2016
Brandon Ivey
Two former officials from WinWater joined Window Rock and will help shape the conduit, which will be known as Ventana Loan Services.
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