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HUD OIG Issues Alert Regarding Use of Inflated Appraisals in HECM Refis

November 30, 2015
George Brooks
The HUD IG said it has investigated a number of HECM lenders suspected of using inflated appraisals in refinance transactions.
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MBS Investors Call for Feds to Set Minimum Standards for Non-Agency MBS

November 30, 2015
Brandon Ivey
Monique Rollins, deputy assistant secretary for the Treasury Department’s Office of Capital Markets, said the Treasury supports industry-driven efforts.
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Short Takes: Two is the Loneliest (FHA) Number / Three Banks Out of 20 / If You’re Funding $1 Billion or More, Time to Hire an Attorney? / Cross-Selling Under Fire?

November 30, 2015
Paul Muolo
At one point should a mortgage originator hire a full-time attorney to oversee compliance?
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Little Immediate Impact From TRID So Far, Survey Finds

November 30, 2015
It may just be a matter of time before CFPB Director Richard Cordray accuses the mortgage industry of “crying wolf” again, this time over inflated warnings about the damage to the housing markets the industry said would result from the bureau’s much-ballyhooed integrated disclosure rule. The CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule kicked in Oct. 3, 2015. And even though some industry vendors were scrambling to deliver software updates into the evening the night before, it looks like the rule has had little immediate effect on the markets, according to the results of the latest HousingPulse survey sponsored by Inside Mortgage Finance, an affiliated publication, along with Campbell Surveys, which performed the survey. “While ...
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House Votes to Extend QM Safe Harbor, But Can GOP Prevail?

November 30, 2015
The U.S. House of Representatives voted 255 to 174 recently to expand the CFPB’s qualified mortgage safe harbor to include all residential mortgages held in the originating lender’s portfolio. Similar legislative language exists in S. 1484, the Financial Regulatory Improvement Act of 2015, the regulatory relief bill pushed by Senate Banking, Housing and Urban Affairs Committee Chairman Richard Shelby, R-AL, which is going to be incorporated into appropriations legislation shortly. The big questions now are whether those QM provisions will remain attached to the next spending bill as it moves through the nation’s legislature, and if so, whether congressional Republicans can again succeed in using the appropriations process to bypass Democrat opposition. Now the bad news: The White House has ...
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New HMDA Rule Means Proactive Approach to Changes is Needed

November 30, 2015
The new and modified data required under the CFPB’s recently released Home Mortgage Disclosure Act final rule will probably result in greater regulatory and legal scrutiny of mortgage lenders, so covered institutions should take a proactive approach to implementation, according to top legal experts. In a recent client alert, the attorneys in the mortgage banking and consumer financial services groups at the Ballard Spahr law firm noted that the new and modified data will include “much more detail about applicants, borrowers, credit, collateral, loan type, pricing, fees, charges, the originator, and the covered institution. The new and modified data will enable regulators and private parties to analyze a lender’s practices in much greater detail than is currently possible.” Analyses of ...
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Mortgage Servicing Changes, Other Rules Progressing

November 30, 2015
The CFPB indicated in its recently released 2015 rulemaking agenda that it is continuing to finalize a proposal it published in December 2014 to amend certain aspects of the bureau’s 2013 mortgage servicing rules. The proposal addressed, among other things, enhanced loss mitigation requirements and compliance with certain rules when the borrower is a potential or confirmed successor in interest or is in bankruptcy. “We have been conducting testing of periodic statements for consumers in bankruptcy and are working to develop the final rule for issuance in mid-2016,” the CFPB said. The bureau also will continue working to support implementation of the multiple mortgage rules required by the Dodd-Frank Act, such as the Home Mortgage Disclosure Act rule, the integrated ...
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In Brief: State Mortgage Regulators Bring $10.2 Million Enforcement Action Against Prospect Mortgage

November 30, 2015
State Mortgage Regulators Bring $10.2 Million Enforcement Action Against Prospect Mortgage. The Multi-State Mortgage Committee recently announced a $10.2 million settlement agreement and consent order between 50 state mortgage regulators and Prospect Mortgage over allegedly inappropriately assessed third-party settlement fees charged by an affiliate. According to the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, a multi-state examination performed by eight states revealed a pattern of charging improperly disclosed and unsupported fees paid to the company’s affiliate, C2C Appraisal Services. Under the terms of the agreement, Prospect is to pay restitution to every borrower in all participating states that was assessed a C2C Settlement Service Fee in the amount of $40 with interest of 10 ...
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In Brief: Interagency News

November 30, 2015
CFPB, Fed, OCC Announce Threshold for Smaller Loan Exemption from Appraisal Requirements for Higher-Priced Mortgage Loans. Last week, the CFPB, the Federal Reserve and the Office of the Comptroller of the Currency announced that the threshold for exempting loans from special appraisal requirements under the Dodd-Frank Act for higher-priced mortgage loans during 2016 will remain $25,500.The threshold amount will be effective January 1, 2016, and is the same threshold that applied in 2015 – based on the annual percentage decrease in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as of June 1, 2015. ...
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Baseline Conforming Loan Limit for GSEs will Remain at $417,000 Next Year

November 25, 2015
Carisa Chappell
High-cost loan limits for Fannie Mae and Freddie Mac will increase in 39 counties next year, up to a maximum of $625,500.
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