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Short Takes: New Residential Remains Hungry for MSR Assets / $500 Billion in the Works / Silver Hill Rolls Out New Loan / Title Merger / EverBank Executive to Depart

October 19, 2016
Paul Muolo
New Residential continues to be hungry for mortgage servicing rights...
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The Clayton ‘Revolving Door’ Continues. A Goodwill Charge for Radian?

October 19, 2016
Paul Muolo
One mortgage CEO who has been contacted by Wornow said he’s in the process of starting his own capital markets company.
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Private Mortgage Insurers Winning Purchase Market Share

October 19, 2016
John Bancroft
The private MI share of agency purchase loans rose from 26.9 percent in the second quarter to 27.8 percent in the third.
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More Executive Moves at Walter as New CEO Renzi Shakes Things Up; OCC Risk Director Joins the Nonbank

October 18, 2016
Paul Muolo
Renzi joined Walter this past fall with a pay package that could top $5 million in his first year at the helm. He previously held senior positions at Citigroup and Freddie Mac.
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Short Takes: The FHA Premium Cut Will be 25 BPs? / About Those New Walter Hires / Late Foreclosures Drive Up Costs at HUD / Some Glum Takes on Housing From Fannie, Freddie and NAR

October 18, 2016
Paul Muolo
Two thoughts: Force colleges to forgive a large chunk of what’s owed to them and/or order real estate agents (and sellers) to drastically reduce the asking price on homes. Which would you choose?
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PHH Ruling Seen as a Big Threat To CFPB Enforcement Actions

October 17, 2016
The CFPB took a whipping last week in the long-awaited court ruling in its dispute with PHH Mortgage – so much so, in fact, that not only are its future enforcement actions likely to be curtailed, but even past actions might be challenged by the affected industry participants. “The ramifications of this case go far beyond restricting the CFPB’s reach, clarifying the interpretation of the Real Estate Settlement Procedures Act, and resolving the question of how statutes of limitation apply to the CFPB’s enforcement actions,” said Craig Nazzaro, of counsel with the Baker Donelson law firm in Atlanta, in a review of the case. As he sees it, this case makes clear that the bureau has exceeded its bounds and that ...
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Court Declares CFPB Leadership Structure Unconstitutional

October 17, 2016
Last week, the U.S. Court of Appeals for the District of Columbia Circuit brought the powerful CFPB down to earth in its legal wrangling with PHH Mortgage, ruling that two aspects of the bureau’s structure – the dismissal of the director of the agency only for cause, and the single directorship as opposed to a multi-member bipartisan commission – were unconstitutional. “As an independent agency with just a single director, the CFPB represents a sharp break from historical practice, lacks the critical internal check on arbitrary decision-making, and poses a far greater threat to individual liberty than does a multi-member independent agency,” wrote Circuit Judge Brett Kavanaugh on behalf of the court. “All of that raises grave constitutional doubts about the CFPB’s ...
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Life Under TRID: As TRID 2.0 Deadline Approaches, Support Emerges From Industry

October 17, 2016
With the public comment period about to close on the CFPB’s TRID clarifying proposed rule, a few industry voices of support have emerged among the comment letters submitted so far by rank-and-file industry representatives. For instance, Debbie Ingle, executive director of mortgage and real estate lending for Alaska USA Federal Credit Union, commended the bureau for issuing the proposed amendments to clarify the federal mortgage disclosure requirements under the Truth in Lending Act and the Real Estate Settlement Procedures Act. “The proposed amendments are beneficial and will provide mortgage lenders with clarification and improved guidance,” said Ingle. “The amendments serve as a good first step to help mortgage lenders resolve the complex implications of the TILA/RESPA Integrated Disclosure Rule (TRID) ...
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Former TRID Architect Shares His Perspective on Rule’s Anniversary

October 17, 2016
Earlier this month, the CFPB’s controversial TILA/RESPA Integrated Disclosure rule – TRID – turned one year old. In an email exchange with Inside the CFPB, former bureau official and TRID architect Richard Horn, who now heads his own law firm in Washington, DC, addressed the progress the industry has made in adopting the rule, and the challenges that remain. Horn began by saying he thinks the industry has generally done a great job with the extremely difficult task of implementing TRID. Also, “I am very pleased that some of the recent industry surveys of consumers after TRID have shown that consumers are experiencing the intended benefits,” he said. “There are challenges still, but it’s a good sign that the CFPB issued the ...
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Impact of TRID on Industry Won’t Be Known for Years, Attorney Says

October 17, 2016
One year into the TRID rule, the mortgage industry has gotten used to the new disclosure landscape. But until consistent legal precedents are established by the courts, true certainty will be elusive, and that likely means years will have to transpire before the rule’s full impact will be known. “I think the industry as a whole has met the challenge and settled into the TRID process, which everyone knows was radically different than what it replaced,” said Donald Lampe, a partner in the financial services group in the Washington, DC, office of the Morrison & Foerster law firm. “And so I see the industry settling in to the use of these new forms and the changes that these disclosures imposed ...
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