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CFPB Warns of Schemes to Steal Closing Funds from Homebuyers

July 13, 2017
Scams aimed at stealing homebuyers’ closing funds persist, according to a warning last week from the Consumer Financial Protection Bureau. The warning follows similar notices in recent years from the Federal Trade Commission. “The scammers attempt to steal the homebuyer’s closing funds – for example, their downpayment and closing costs – by sending the homebuyer an email posing as the homebuyer’s real estate agent or settlement agent (title company, escrow officer or attorney),” according to Davida Farrar, counsel in the CFPB’s consumer education and engagement division. In a post on the CFPB’s website, Farrar said...
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Courts Divided on Whether Mortgage Underwriters are Exempt From Overtime After Provident Loses Appeal

July 13, 2017
An appeals court ruled in favor of mortgage underwriters last week in a dispute regarding overtime eligibility. The issue could be taken up by the Supreme Court of the U.S. as the ruling furthered a split among lower courts on the issue. Mortgage underwriters from Provident Savings Bank filed a lawsuit in 2012 against the bank after the employer said they qualified for the Fair Labor Standards Act’s administrative exemption to overtime payments. A district court ruled in favor of the bank in 2015 in the case of McKeen-Chaplin v. Provident Savings Bank. The U.S. Court of Appeals for the Ninth Circuit overturned...
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Warehouse Lenders Give Walter Another Round of ‘Waivers.’ But How Long Can the Forgiveness Last?

July 13, 2017
Walter Investment Management Corp. has secured a second round of limited waivers from its warehouse providers, a signal that its lenders are being patient – for now. According to interviews with warehouse executives and consultants, the granting of short-term waivers can be a common practice, but if those waivers go into a third or fourth round it can get expensive for the borrower and may signal an end to the patience of a company’s bankers. Walter, the parent of Ditech Financial – the nation’s 13th largest residential servicer – reported...
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CFPB Finally Issues TRID 2.0 Clarifying Final Rule, Decides to Handle the ‘Black Hole’ Separately

July 13, 2017
After a few months of delay, the Consumer Financial Protection Bureau last week issued its long-awaited final rule clarifying a number of aspects of its integrated disclosure rulemaking under the Truth in Lending Act and the Real Estate Settlement Procedures Act, otherwise known as TRID 2.0. The most noteworthy revisions relate to good faith and revised disclosures, calculating cash to close, construction-to-permanent loans, and the sharing of disclosures during the origination process. In terms of good faith and revised disclosures, the 2017 TRID rule provides...
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CFPB Mortgage Servicing Rules Stabilized Market But Also Introduced Many Unintended Consequences

July 13, 2017
The mortgage servicing rules the Consumer Financial Protection Bureau promulgated in the wake of the mortgage market’s collapse brought much-needed stability to the loan servicing arena. But they also have had a host of unplanned side effects that continue to haunt the market to this day. That’s one of the prime takeaways from comments provided by some top lender/servicers and industry trade groups, in response to the CFPB’s announcement that it would begin its five-year assessment of its servicing rules as per the requirements of the Dodd-Frank Act. Wells Fargo said...
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Seneca’s End Draws Near as Company Prepares Exit From MSR Market; Pingora Slated for Sale, Yet Again

July 13, 2017
Two companies that were created earlier in the decade to buy mortgage servicing rights at rock-bottom prices are headed in different directions these days: Seneca Mortgage Servicing is exiting the business, while Pingora Loan Servicing is slated to change hands for the second time in a year. As Inside Mortgage Finance went to press this week, investment banker Houlihan Lokey was involved in direct negotiations to sell Seneca’s $53.6 billion servicing portfolio, which is considered pristine in nature. Investment banking sources said...
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Short Takes: A Big Earnings Boost for Fannie and Freddie? / The Greenwich-Ameriquest Connection / IMA Selling GSE ‘Flow’ Package / Progress Ups its SFR MBS Deal / PHH Hires LenderLive Executive

July 13, 2017
Paul Muolo and Brandon Ivey
The $5.5 billion (to be) paid by RBS should boost GSE earnings big time...
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Insured-Mortgage Business Posted Solid Gain in 2Q17, But Refi Swoon Hit Uninsured Segment

July 13, 2017
Although Fannie Mae and Freddie Mac saw a 13.1 percent drop in new single-family business during the second quarter, the flow of home loans covered by private mortgage insurance was up, according to an exclusive analysis and ranking by Inside Mortgage Finance. The two government-sponsored enterprises acquired some $57.17 billion of single-family loans with private MI coverage during the second quarter, including a small amount of modified mortgages. That represented an increase of 9.8 percent from the first quarter. But the flow of loans without MI coverage sank 18.6 percent. The key factor was...[Includes three data tables]
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JPMorgan Chase Bidding on MSR Packages Again? Looks That Way…

July 13, 2017
Paul Muolo
The Seneca MSR portfolio is top heavy with California product…
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CFPB Servicing Rules Stabilized Market, but Unintended Consequences Too

July 13, 2017
Thomas Ressler
One negative effect: the costs required to service both performing and nonperforming loans have increased substantially.
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