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Hensarling Wants CFPB AD Mulvaney to Appeal to SCOTUS

February 5, 2018
In response to last week’s ruling by the D.C. Circuit Court of Appeals that confirmed the constitutionality of the CFPB but rejected the bureau’s interpretation of RESPA in its legal dispute with PHH Mortgage, Rep. Jeb Hensarling, R-TX, suggested CFPB Acting Director Mick Mulvaney appeal to the Supreme Court of the United States. “I am deeply disappointed with the court’s decision and hope the Supreme Court will review the ruling in short order,” said Hensarling, chairman of the House Financial Services Committee. “In the meantime, I take great solace in the fact that Mick Mulvaney can use his unchecked, unilateral powers to continue the agency’s transformation into one that will, as he said, ‘exercise [its] statutory authority to enforce the ...
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AD Mulvaney Consolidates, Restructures Fair Lending Office

February 5, 2018
The CFPB last week moved to restructure how the agency enforces fair lending laws, consolidating that function under the director’s office, which is headed by interim appointee Mick Mulvaney. In a statement provided to Inside the CFPB, John Czwartacki, senior advisor to the acting director, said: “The bureau’s statutory mandate includes the supervision and enforcement of fair lending laws and regulations [and] the bureau will continue to perform those functions.” He added: “The fact is, it never made sense to have two separate and duplicative supervision and enforcement functions within the same agency – one for all cases except fair lending, and the other only for fair lending cases. By announcing our intent to combine these efforts under one roof, we ...
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Service Member Mortgage Complaints Drifting Higher

February 5, 2018
Complaints by active-duty and retired U.S. military personnel about their mortgages rose in many categories tracked, both on a quarterly basis and on an annual basis, according to a new analysis and ranking by Inside the CFPB. Overall, they are definitely trending up. For instance, complaints by service members about all mortgage products in general rose from 582 incidents in the fourth quarter of 2016 to 739 in the fourth quarter of 2017, but they fell from a total of 741 in the third quarter of last year. The increase was a little more consistent when particular mortgage products were segregated out from the aggregate data. For instance, gripes about conventional mortgages rose from 218 in 4Q16 to 334 [with charts] ...
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Other News in Brief: The Mortgage Choice Act, CFPB Mobile Device Security

February 5, 2018
House Rules Committee Expected to Clear Legislation to Tweak Points and Fees Definition under the ATR Rule. The House Rules Committee is expected to clear sometime this week H.R. 1153, “The Mortgage Choice Act,” legislation that would make two adjustments to the Truth in Lending Act (TILA) definition of points and fees to ensure greater consumer choice in mortgage and settlement services under the ability-to-repay/qualified mortgage rule.... OIG Has Mixed News for CFPB on Mobile Device Data Security. The CFPB got a dinged report card from the Office of Inspector General in terms of the security of mobile technology that bureau staff use. “Mobile devices help CFPB staff carry out their duties, but the portability of these devices heightens the risk of loss or theft of IT equipment and data,” said the OIG in explaining its motivation for evaluating the CFPB’s mobile encryption practices....
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Redwood Brings Largest Expanded-Prime Jumbo MBS to Date

February 5, 2018
Brandon Ivey
The MBS will include credit enhancement of 10.0 percent on the senior tranche, similar to other expanded-prime MBS from Redwood.
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GSE Single-Family Business Off to a Weak Start in January

February 5, 2018
John Bancroft
It was the GSEs’ weakest monthly output since May 2017…
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Lender Alert: VA Issues Disclosure Guidance on IRRRLs

February 5, 2018
George Brooks
Lenders are required to provide early disclosures “no later than the third business day after receiving the veteran’s loan application.”
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Citadel Posts Record Originations in January. Angel Oak is Busier than Ever

February 5, 2018
Paul Muolo
Citadel is working on its first MBS deal…
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Short Takes: Ginnie is Good, but is it That Good? / Brunts Bolts Freddie for USB / Moody’s Downgrades New Rez, Citing Reliance on Subs / The Wild Ride of the 10-Year Treasury / New Mortgage Chief at SunTrust

February 5, 2018
Paul Muolo
On Friday, Moody’s downgraded the issuer rating of New Residential Investment Corporation...
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Churchill Puts New Spin on ‘Pre-Approval’

February 2, 2018
Is pre-approval truly the first step in loan origination? The folks at Churchill Mortgage do not think so. There is a common misconception about “pre-approval” and its importance in the lending process, says Matt Clarke, Churchill’s chief financial officer and chief operating officer. He views pre-approval as nothing more than taking a mortgage loan application and approving it for underwriting. …
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