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Commercial Mortgage Securitizations Post Solid Gains in 2Q17

August 1, 2017
John Bancroft
The biggest surge was in non-agency securitization of mortgages on hotels and other lodging properties, which jumped 88.7 percent from the first quarter.
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A 25 Percent Earnings Decline for Freddie Mac; ‘Account Surplus’ with Uncle Sam will Swell to Almost $39 Billion

August 1, 2017
Paul Muolo
Freddie expects to make a $2 billion dividend payment to Treasury – the holder of its senior preferred stock – sometime in September.
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Short Takes: Freddie’s CEO Comments on Declining Capital Buffer / This is Not Your Parent’s Freddie Mac / Hensarling Calls for Investigation into Whether CFPB Chief Violated the Law / A Strong Quarter for Arch / Poulin Rejoins Mortgage Network

August 1, 2017
Carisa Chappell and Paul Muolo
Freddie Mac CEO Don Layton: "The fundamentals are strong and residual flaws are gone..."
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FHFA Chief Mel Watt Rules Out G-Fee Cut

August 1, 2017
Paul Muolo
“Some lenders are finally showing more willingness to extend credit to borrowers..." said FHFA Director Mel Watt.
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Reform to CFPB Mortgage Rules Needed to Attract Capital: PIMCO

July 31, 2017
If lawmakers and regulators are interested in bringing capital back to the private mortgage market and facilitating borrower access to credit in a responsible manner, they must make much-needed reforms to a handful of key mortgage rules promulgated by the CFPB, according to bond giant Pacific Investment Management Co. One recommended revision is eliminating the expansion of assignee liability for investors under the CFPB’s ability-to-repay rule. “Currently under the Dodd-Frank Act, mortgage investors are liable for mistakes made by lenders in the mortgage origination process for certain mortgage loans that are not deemed qualified mortgages,” said PIMCO. “Since investors have no role or discretion in the mortgage origination process, we believe this is not only nonsensical, but also has the ...
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Industry Again Calls for Delay Implementing New HMDA Rules

July 31, 2017
A handful of top industry trade groups again wrote to CFPB Director Richard Cordray urging him to delay implementation of the bureau’s new Home Mortgage Disclosure Act rules. “Although we greatly appreciate the CFPB’s work to facilitate implementation of this major data collection and reporting rule, the CFPB’s regulatory process and technological framework for this rule are still incomplete,” said the organizations. For one thing, proposed amendments to the rule are not yet finalized. “Moreover, the HMDA data reporting portals, geocoding tools, data validation, and rule edits are not yet issued,” the groups added. “All of these items are needed to ensure compliant business process and systems changes by the effective date.” Additionally, the CFPB has not yet initiated a ...
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House Dem Report Documents, Celebrates CFPB Achievements

July 31, 2017
Rep. Maxine Waters, D-CA, and other Democrat members of the House Financial Services Committee recently released a detailed report in defense of the CFPB and its accomplishments in protecting consumers in the wake of the mortgage market collapse and the financial crisis that led to the Great Recession. “The consumer bureau has worked tirelessly to comply with its statutory mandate to ensure consumers are treated fairly, and that financial institutions are held accountable for predatory and other unscrupulous conduct,” the report said. According to the minority report, the CFPB has produced strong results, such as returning almost $12 billion to 29 million harmed consumers; implementing rules ensuring consumers have access to a fair and competitive marketplace; and requiring clear disclosures ...
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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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