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Spike in Mortgage Servicing Complaints Belies Mixed Results

July 31, 2017
As previously reported, the only area of mortgage-related consumer complaints that saw an increase in the second quarter was servicing, which saw a jump of 17.5 percent. But a deeper dive into the data shows a more complex and nuanced performance by the industry during that period of time, one perhaps dominated by extremes. As the chart on the following page illustrates, a handful of companies saw triple digit increases from the first quarter to the second, with Bayview Loan Servicing leading the way with a 152.6 percent surge. There was also a second tier of big increases in the upper double digits, led by TD Bank, which registered a leap of 90.9 percent...
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Other News in Brief

July 31, 2017
Best Odds of Success in Making Consumer Complaint Data Confidential Rest With a New Director at the CFPB. Industry observers and lobbyists are increasingly of the view that the most likely way the industry will see the kind of substantive regulatory reform and relief it needs is not through federal legislation, but rather from a new director at the CFPB... ICYMI: The Financial CHOICE Act Would Exclude AMCs from Points and Fees Calculations. One overlooked provision in H.R. 10, the Financial CHOICE Act, which was passed by the House of Representatives on June 13, deals with residential mortgage appraisals...
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ABAs Not Dead Yet, as CFPB Suffers Another RESPA Blow

July 31, 2017
Earlier this month, the U.S. District Court for the Western District of Kentucky ruled against the CFPB and in favor of a Kentucky law firm over allegations it paid kickbacks in violation of the Real Estate Settlement Procedures Act. The bureau accused the Borders & Borders law firm of Louisville, KY, and its principals, Harry Borders, John Borders Jr. and J. David Borders, of illegally paying kickbacks for real estate settlement referrals through a network of shell companies. The case began back in February 2011 when the Department of Housing and Urban Development notified the law firm it was being investigated for potential violations of RESPA’s anti-kickback provision. In April 2012, the CFPB advised Borders & Borders that it, rather ...
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Industry Again Calls for Delay in Implementing New HMDA Rules

July 31, 2017
Thomas Ressler
The CFPB has not yet initiated a public process to apply the balancing test to determine which of the new data will be released to the public.
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A Blowout Earnings Quarter for New Residential; REIT Continues to Buy Servicing Rights

July 31, 2017
Paul Muolo
New Residential has purchased several servicing portfolios over the past year, acquiring rights from CitiMortgage, Walter/Ditech and United Shore, among others.
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Additional Government Documents Unsealed in GSE Shareholder Case

July 31, 2017
Carisa Chappell
“This new trove of documents conclusively shows that the net worth sweep was designed solely to boost Treasury’s coffers and prevent the GSEs from rebuilding capital or exiting conservatorship,” said Investors Unite, a shareholder rights group.
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Servicing Transfers Jump 22 Percent in 2Q17 as Major Players Unload Receivables

July 31, 2017
John Bancroft
Movement Mortgage was the largest seller of MSRs through co-issuance deals…
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Short Takes: Ginnie Loses Another One / CEO Background / From Mortgage Owner to ‘Life Coach’ / Kudos to Freedom and Fairway / A New Regional Hire for Stearns

July 31, 2017
Paul Muolo
Among the top 20 lenders in 2Q17, Fairway Independent Mortgage had the highest growth rate at 64.2 percent.
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Fannie Expects More Business from DTI Shift

July 31, 2017
John Bancroft
Fannie said that about 3 or 4 percent of DU applications with DTI ratios ranging from 45 percent to 50 percent had been deemed ineligible because they failed the overlay test…
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More Government Documents Unsealed in Shareholder Case

July 28, 2017
New documents were recently unsealed in Fairholme Funds vs. United States that give GSE shareholders more hope in proving the Treasury sweep was designed with an ulterior motive in mind.“The release of these documents is a very positive development in the case against Fannie [Mae] and Freddie [Mac]. These documents fatally undermine the government’s claim,” said Pete Patterson, a partner with the Cooper & Kirk law firm representing the plaintiffs. Officials from Treasury have repeatedly said that the sweep was designed to prevent the two mortgage giants from collapsing. But the latest batch of 33 confidential emails and memos released under court order appears to illustrate otherwise.
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