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Bureau to Take Another Look At New HMDA Requirements

January 8, 2018
In conjunction with the interagency regulatory pledge to pursue a “good faith efforts” approach to the enforcement of new reporting requirements under the Home Mortgage Disclosure Act, the CFPB also announced it plans to initiate a rulemaking to reconsider various aspects of the 2015 HMDA rule – most notably on issues such as the institutional and transactional coverage tests and the rule’s discretionary data points. “More specifically, the rulemaking may re-examine lending-activity criteria that determine whether institutions are required to report mortgage data,” it said. Other revisions might be made to the new requirements to report certain types of transactions. The bureau also is likely to re-assess the additional information that its HMDA rule requires beyond the new data points specified ...
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HMDA Requirements a Top Bank Compliance Concern

January 8, 2018
Banks are increasingly worried about staying compliant with all the recent regulations they’re contending with – and the new Home Mortgage Disclosure Act requirements are still one of the biggest concerns. A new regulatory and risk management survey from Wolters Kluwer based on 2017 data registered a 3 percent increase over 2016. “The ability to maintain compliance in an environment of heightened regulatory oversight – highlighted by a spike in the number of major new regulations – remained the biggest overall compliance concern, as cited by 67 percent of respondents,” the report stated. Concerns over fair lending regulatory examinations increased by 5 percent to 46 percent, and concerns jumped 13 percent in measuring the ability to manage risk across all lines of business ...
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How Should Lenders Cope With English v. Mulvaney?

January 8, 2018
Regardless of the outcome of the struggle for control over the CFPB in the wake of former Director Richard Cordray’s departure, lenders are being conservatively advised to maintain compliance practices that can withstand the ebb and flow of political appointees, according to one top compliance attorney.“While the Trump administration is pushing for deregulation and removing the independence of the CFPB, if it is successful, it may be risky and costly for the financial industry to abandon all of the concepts of fairness to consumers that have been embodied in the CFPB’s actions,” Maria Macoubrie, of counsel in the Kansas City, MO, office of the Stinson Leonard Street law firm, said in a recent online blog. She conceded that less ...
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Senate Democrats Seek to Further Empower State Attorneys General

January 8, 2018
Democrat Sens. Dianne Feinstein and Kamala Harris of California, Elizabeth Warren of Massachusetts and Richard Blumenthal of Connecticut recently introduced legislation to allow state attorneys general and other state law enforcers to issue subpoenas during the course of investigations regarding compliance with state law by national banks. The Accountability for Wall Street Executives Act of 2017 would clarify that state attorneys general have authority to conduct visitorial oversight of federally-chartered national banks. It also would revise language in the National Bank Act that the Supreme Court interpreted as limiting the visitorial powers of state law enforcers when addressing compliance with state law by national banks. Additionally, the measure would permit subpoenas for suspected violations of real estate lending laws. “With ...
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Other News in Brief: New CFPB Chief of Staff; English Investigated; Mortgage Legislation

January 8, 2018
New Chief of Staff at CFPB was Staff Director of the House Financial Services Committee. The CFPB named a new chief of staff Jan. 5: Kristen Sutton Mork, who’s leaving her post as staff director of the House Financial Services Committee. The announcement did not come from the CFPB – it came from Rep. Jeb Hensarling, R-TX, chairman of the HFSC, who mentioned it in an email sent to members of the media.... Republican Senator Wants Leandra English Investigated. Sen. Ron Johnson, R-WI, reportedly has asked the U.S. Office of Special Counsel to probe Leandra English’s move to “burrow” into a “career position” at the CFPB. One major broadcast news organization, citing a letter from Johnson, reported last week that Johnson asserted her move was “hastily approved” as part of “a flawed vetting process” in the wake of President Trump’s election. The report could not be immediately confirmed.
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Short Takes: The Tax Bill and Home Sales / Demand from Buyers Declines / Equity Adds Up / NMI to Take a Tax Hit

January 8, 2018
Brandon Ivey
Enactment of the Tax Cuts and Jobs Act will impact home sales and financials at National Mortgage Insurance Corp., among many other areas.
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Rep. Hensarling Announces that the CFPB has a New Chief of Staff: His Staff Director at the HFSC

January 6, 2018
Paul Muolo
Rep. Hensarling said Mork will assume her new role in the coming weeks.
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Looks Like Mortgage Lenders are Over-Reserving for GSE Buybacks

January 5, 2018
Carisa Chappell
It appears that many lenders may have what is known in the industry as “redundant reserves”…
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Fannie Recovered Some Ground in December, Refi Drove 4Q17 Volume

January 5, 2018
Fannie Mae last month reclaimed some of the market share Freddie Mac snagged in October and November as GSE single-family business volume skidded toward yearend. Fannie issued $43.99 billion of single-family mortgage-backed securities in December, a tidy 4.9 percent increase from the previous month. Freddie’s $30.03 billion in production tumbled 19.2 percent from November. That gave Fannie a 59.4 percent share of the GSE market in December, in line with historical trends. Freddie posted big increases in volume during October and November, pushing its GSE market share to 46.4 percent for the two-month period. Even with the return to more normal...
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What We're Hearing: And Now for a Word About Dow 25,000 / A 2 Percent FRM, Finally? / A Former Fannie Mae CEO and the U.S. Budget / Citadel CEO Perl Bullish on Non-QM / Hensarling Headed to Wall Street?

January 5, 2018
Paul Muolo
What's next for Jeb Hensarling? FHFA or Wall Street?
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