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Home » Topics » Inside Mortgage Finance » Originations

Originations
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CFPB Slams Nonbank Prospect for Violating RESPA

February 1, 2017
Thomas Ressler
The CFPB also took action against two realty firms: ReMax Gold Coast and Keller Williams Mid-Willamette...
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A Bullish Sign for Nonprime: Three Active Originators Working on MBS Deals

February 1, 2017
Paul Muolo
Tom Hutchens of AOMS, said “a lot” of his optimism about higher nonprime origination volumes for 2017 is tied to securitization. “This is now a liquid market,” he said.
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Short Takes: FGMC Hires Former Ocwen Official to Run Wholesale / A Bullish Sign for Ocwen? / Top 10 Dreams / Housing is a (Single) Girl’s Best Friend? / Mnuchin Nomination Moves Forward

February 1, 2017
Paul Muolo
The nomination of investment banker Steven Mnuchin to head the Treasury Department moved forward Wednesday...
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Another Angle on the ‘Constitutionality’ of the CFPB: Revealing CID Targets

January 31, 2017
Thomas Ressler
The company’s motion arises in an unusual procedural context…
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MBA’s New GSE Plan Looks a Little Like Its Old Plan; Slams Door on ‘Recap and Release’

January 31, 2017
Carisa Chappell and Paul Muolo
The trade group’s blueprint also throws cold water on any piecemeal “recap and release” plan for Fannie and Freddie.
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Short Takes: Still Standing: CFPB Director Cordray / PHH Fights Back (Again) / New Residential’s Ocwen-Related ABS / GSE Legal Update / LenderLive Hires New Sales Executive

January 31, 2017
Carisa Chappell, Brandon Ivey, Paul Muolo, and Thomas Ressler
"The legal challenges [to firing Cordray] must be very legitimate or they would have tossed him by now," said one industry official...
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PHH Disputes DOJ Arguments in Support of En Banc Rehearing

January 30, 2017
Late last week, PHH Corp. followed up on the opportunity afforded it by the U.S. Court of Appeals for the District of Columbia Circuit and filed its legal response to the arguments the Department of Justice made late last year in defense of the CFPB’s petition for an en banc rehearing in its dispute with the mortgage lender.The DOJ’s brief “asserts support for rehearing en banc, but not for any of the reasons advanced by the CFPB,” PHH said. “Indeed, the brief never actually defends the CFPB’s structure as consistent with the Constitution. Nor does the brief claim anywhere that the panel erred in its choice of remedy, its decision to reach the separation-of-powers issue, or its discussion of ...
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Democrats, Advocates File in Defense of CFPB Versus PHH

January 30, 2017
Sen. Sherrod Brown, D-OH, and Rep. Maxine Waters, D-CA, late last week submitted a motion with the U.S. Court of Appeals for the District of Columbia Circuit seeking to intervene on behalf of the CFPB in its action against PHH Corp. “Movants now seek to intervene in this litigation because recent events have made it clear that their interests in preserving the leadership structure they voted for [in enacting the Dodd-Frank Act] may no longer be adequately represented by the new administration,” Brown and Waters argued. “Indeed, absent intervention, it is possible that the panel’s decision will be insulated from review, thus nullifying movants’ votes to establish the CFPB as an independent agency and their ability to establish similar independent ...
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John Doe Company Says CFPB Can’t Act Against it After PHH

January 30, 2017
In a case of potential significance for any company that finds itself the recipient of a civil investigative demand from the CFPB, a finance company has filed suit to prevent the bureau from disclosing its investigation of the firm and from taking any action against it unless and until the agency is restructured in line with the U.S. Constitution. “Plaintiff moves for a temporary restraining order and preliminary injunction prohibiting the CFPB and its director from using the executive, legislative and judicial powers delegated to the bureau to impose any restriction on plaintiffs’ liberty or otherwise take any action adverse to plaintiff unless and until the bureau is constitutionally structured,” said the company. The corporate entity, chartered in California with ...
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Most CFPB Mortgage Rules Unaffected by Trump Pause

January 30, 2017
President Donald Trump recently imposed a moratorium on new and pending regulations, which is generally considered by industry experts and observers standard operating procedure for an incoming presidential administration. But the bad news for the mortgage industry is that most of the regulations from the CFPB have already been issued. Two possible exceptions are the bureau’s Home Mortgage Disclosure Act final rule, which has been issued in final form but is not yet effective, as well as its TRID 2.0 clarifying rulemaking, which is expected in final form sometime this spring. In a memo issued by White House Chief of Staff Reince Priebus, unspecified “executive departments and agencies” were generally directed to “send no regulation to the Office of the ...
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