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Short Takes: Ditech Ready to Roll Out Jumbo Product? / Who is Samuel Martini and Why Does he Like Ditech? / An Explanation of Legal Risks / What’s $164 Trillion Among Friends?

May 14, 2018
Paul Muolo
Total U.S. debt outstanding is just over $21 trillion. Prior to the financial crisis, U.S. mortgage debt was actually larger than Treasury debt...
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RESPA Clock Effectively Wound Back to Pre-CFPB State

May 14, 2018
PHH Corp. decided not to appeal to the U.S. Supreme Court a lower court ruling that effectively overturned the CFPB’s controversial interpretation of the Real Estate Settlement Procedures Act under former Director Richard Cordray. The lender’s lawsuit also unsuccessfully challenged the constitutionality of the CFPB. In January, the en banc panel of the U.S. Court of Appeals for the District of Columbia Circuit sided with PHH on the RESPA components of the dispute, invalidating ...
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Survey Shows Lenders Lukewarm About Disrupting QM Regulation

May 14, 2018
Mortgage lenders spent a considerable amount of money implementing the qualified-mortgage rule, and many are not keen about a major overhaul, according to a survey by Strategic Mortgage Finance Group. Some 54 percent of 122 respondents to the survey favored no or only modest changes to QM rules. There was little variation between banks and independents, or large and small lenders. However, lender attitudes on regulatory change vary significantly with the size of ...
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House Votes to Kill Auto Lending Guidance, Payday May Survive

May 14, 2018
The House last week voted to kill the CFPB’s auto lending guidance, but the chances of a similar override of the bureau’s payday rule are fading, attorneys said. In a 234-175 vote, the House repealed Obama-era CFPB guidance on indirect auto lending that subjected auto dealers and others to liability for discriminatory price markups. The Senate passed the Congressional Review Act resolution last month, and President Trump is expected to sign the rollback. Congress used the CRA ...
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Rulemaking Agenda Suggests A Restrained Role for CFPB

May 14, 2018
The CFPB made significant changes to its rulemaking agenda in 2018, signaling a weakening role for the bureau in the financial services market. The agency released its spring 2018 rulemaking agenda last week. Noting that it’s under interim leadership pending the appointment and confirmation of a permanent director, the bureau said it is prioritizing meeting specific statutory responsibilities, continuing “selected rulemakings that were already underway,” and reconsidering ...
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Democrats and Ethics Group Call For Investigation into Mulvaney

May 14, 2018
A group of Democratic senators is asking the U.S. Office of Special Counsel to investigate whether Acting CFPB Director Mick Mulvaney violated the Hatch Act. The acting director last month said to bankers that he “had a hierarchy” in his office in Congress and only talked to lobbyists who gave him financial donations when he was a member of the House of Representatives from South Carolina. “It raises troubling questions about whether his statements ran afoul of the Hatch Act ...
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Fannie Mae and Freddie Mac Report Strong $7.2B Profit in 1Q

May 11, 2018
GSE earnings bounced back to a profitable status, as expected, in the first quarter, with Fannie Mae and Freddie Mac reporting a combined $7.2 billion profit. That number is up from the $9.4 billion earnings hit the GSEs took last quarter due to tax reform that went into effect in December 2017. [Includes one chart.]
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Investors Unite Disappointed at Lack of Reform 10 Years Later

May 11, 2018
Fannie Mae and Freddie Mac are in their 10th year of conservatorship and GSE shareholders rights group, Investors Unite, complained about reform still being in limbo. “No one in Washington has answers to fundamental questions about the future of affordable housing, the 30-year mortgage, and basic rights of shareholders,” said IU. Yet, the group noted that the GSEs continue to funnel their earnings to the Treasury Department, per the terms of the net worth sweep. In June, Fannie expects to pay Treasury a $938 million dividend payment.However, IU said the GSEs could be at risk for another taxpayer-funded bailout as long as the Trump administration delays needed reform “and allows the Obama Treasury Department’s net-worth sweep to remain in place.”
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Think Tanks Say Treasury will Likely Take on Housing Finance Reform

May 11, 2018
The conversation on GSE reform has shifted heavily as we approach midyear, having gone from optimism on congressional legislation to discussions on administrative options. And two Washington, DC-based think tanks recently offered their thoughts on reform and both point to 2019. Treasury Secretary Steve Mnuchin said last week that housing-finance reform will not happen this year. Karen Petrou, managing partner with Federal Financial Analytics, called this the “death knell” for GSE reform in this Congress. And she added that he didn’t seem sorry to deliver it. “With Mel Watt’s term as Federal Housing Finance Agency director coming to a close, Treasury...
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Mel Watt’s Successor at the FHFA? The Guessing Game Begins

May 11, 2018
Mel Watt has a good seven months left on his term as director of the Federal Housing Finance Agency, but already the industry rumor mill is speculating on whom the White House might pick to replace him.So far, the names run the gamut – from “reasonable” picks such as Treasury counselor Craig Phillips or acting Ginnie Mae President Michael Bright, to some odd choices: former FHFA acting director Ed DeMarco or current House Financial Services Committee Chairman Jeb Hensarling, R-TX.Few in the industry buy the Hensarling choice except for the fact he’s an arch conservative, something President Trump likes in his appointees.
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