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CFPB Agenda, Dodd-Frank Progressing Unevenly

July 23, 2012
The regulatory workload required of the Consumer Financial Protection Bureau and other federal banking regulators is moving forward sporadically, with a number of proposals yet to be released before the January 2013 deadline imposed by the Dodd-Frank Wall Street Reform and Consumer Protection Act. The industry concern is that regulators will find themselves forced into a massive document dump at the end of the year, with mortgage lenders then having to scramble in dozens of directions at the same time in an attempt...
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MERS Makes Changes in Settlement with DE AG’s Office

July 23, 2012
When Mortgage Electronic Registration Systems is in the news, it’s usually racking up another court victory. Not this time. MERS recently agreed to make a number of changes to its practices – including regular reports on the accuracy of its records – as part of a settlement of a lawsuit that Delaware Attorney General Beau Biden filed against it last year. Among the changes MERS agreed to was to maintain a database that will enable homeowners whose mortgages are held by MERS members to see who owns and services...
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FHA Originations Increase in Second Quarter

July 20, 2012
Originations of FHA mortgages increased by 15.7 percent in the second quarter of 2012 compared with the previous quarter, according to an Inside FHA Lending analysis. The increase was driven by purchase mortgages and FHA-to-FHA refinances. Some $57.82 billion forward single-family mortgages were originated in the second quarter of 2012, the strongest quarter of FHA originations since the fourth quarter of 2010. Originations through two quarters in 2012 were also up 7.7 percent compared with the first half of 2011 ... [Includes two charts]
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FHA Sees Strong Interest in Streamline Refis

July 20, 2012
The recently reduced premiums for the FHA Streamline Refinance program have resulted in an influx of refi applications, according to officials with the Department of Housing and Urban Development. In the first 30 days after the premiums were reduced, monthly refi applications were on pace to be about eight times typical levels.“Where FHA normally processes about 17,000 applications per month, we’ve already seen more than 75,000 applications in less than three weeks,” HUD Secretary Shaun Donovan said ...
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HUD to Expand Sales of Distressed FHA Loans

July 20, 2012
The Department of Housing and Urban Development this week announced a major expansion of bulk sales of distressed FHA loans. Some 9,000 loans are up for auction on Sept. 12, nearly double the amount HUD initially expected to offer and four times the amount of loans sold through the Distressed Asset Stabilization Program since 2010. In April, HUD completed an auction of 279 FHA mortgages with an unpaid principal balance of $59.0 million. If the loans for sale in September have a similar average balance ...
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New Annual Fee Approved for RHS Loans

July 20, 2012
The Department of Agriculture issued a final rule last week to implement a new annual fee for the Rural Housing Service Section 502 Single Family Housing Guaranteed Loan Program. The fee applies to all RHS Section 502 loans with a conditional commitment dated on or after Oct. 1, 2011. The fee for fiscal year 2012 is 0.3 percent and the USDA noted that the fee for subsequent years is subject to change, with a fee of up to 0.5 percent allowed. The fee – along with the up-front guarantee fee already charged by the USDA ...
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Wells Settles Subprime Lawsuits with DOJ, Others

July 20, 2012
Wells Fargo agreed last week to pay more than $125.0 million and offer $50.0 million in downpayment assistance to settle subprime-related fair lending claims by the Department of Justice and others. The claims center on brokered originations for African-American and Hispanic borrowers. The DOJ alleged that between 2004 and 2009, Wells charged approximately 30,000 African-American and Hispanic wholesale borrowers higher fees and rates than non-Hispanic white borrowers because of their race or national origin ...
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News Briefs

July 20, 2012
Manipulation of the London Interbank Offered Rate could have resulted in lower interest rates for subprime ARM borrowers, according to Laurie Goodman, a senior managing director at Amherst Securities Group. Interest rates on close to 80.0 percent of subprime ARMs outstanding in May were linked to LIBOR, according to data from Lender Processing Services, whose data covers about two-thirds of outstanding mortgages. As of the end of May, 70.3 percent of eligible second liens have received a modification via ... [Includes six briefs]
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HUD Working on QM Standards for FHA Loans, But It’s Unclear How Different They Will Be

July 19, 2012
Officials with the Department of Housing and Urban Development confirmed this week that they are working on ability-to-repay and “qualified mortgage” standards for FHA loans. However, they remained tight-lipped about whether they will craft a QM standard for FHA loans that differs from the Consumer Financial Protection Bureau’s standards, as requested by some lender trade groups. The Dodd-Frank Act requires HUD (for the FHA), the Department of Veterans Affairs, the Department of Agriculture and the Rural Housing Service to develop QM standards for the respective government mortgages that they oversee – in consultation with the CFPB. “Such rules may revise, add to, or subtract from the criteria used...
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Wells Fargo Settles With Justice, Bails on Broker Business, Leaving Void for Other Players to Fill

July 19, 2012
The U.S. Department of Justice, the Illinois Attorney General’s office and the Pennsylvania Human Relations Commission struck a $175 million fair lending settlement with Wells Fargo over allegations that minority customers in its wholesale broker channel were steered to higher-cost loans. According to the federal government’s complaint, Wells placed approximately 2,350 African-American and 1,650 Hispanic wholesale borrowers, along with a number of retail borrowers, into subprime mortgages while putting similarly qualified white borrowers into prime loans. As a result, the minority borrowers paid tens of thousands of dollars more for their mortgages, and were subject to possible prepayment penalties and increased risk of credit problems, default and foreclosure. Wells denied all the accusations leveled against it, and suggested that the problem was due to...
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