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Industry Attorneys Think PHH Corp. Will Prevail in Dispute With CFPB

April 18, 2016
Many mortgage industry attorneys seem convinced that PHH Corp. will succeed – at least at the appellate court level – in defying the CFPB in its ongoing legal dispute with the bureau. The crux of the dispute is the bureau’s assertion that PHH violated the Real Estate Settlement Procedures Act and harmed consumers through a mortgage insurance kickback scheme tied to a captive MI. Last week, the U.S. Court of Appeals for the District of Columbia heard oral arguments in the case, PHH Corp. v CFPB, and the day did not go well for the bureau. Former CFPB enforcement attorney Jennifer Lee, now a partner with the Dorsey & Whitney law firm in Washington, DC, succinctly summarized the tough day the bureau ...
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Consumer Complaints About Their Mortgages Down Across the Board

April 18, 2016
In another sign that the mortgage market continues to heal, consumer complaints to the CFPB about their residential mortgages continued to fall broadly during the first quarter and on an annual basis, according to a new ranking and analysis by Inside the CFPB. The latest data from the bureau’s consumer complaint database show that total gripes about mortgages are down 6.7 percent from the fourth quarter, and off 4.1 percent from year-ago levels. Borrower kvetching about loan modification issues was even better, down 9.8 percent and 13.9 percent, respectively, for the two periods...
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What We’re Hearing: FHFA Says Ask the IRS / Maybe, Maybe Not / Jeb Hensarling is Not Happy / Nonbank Will Stop Buying Jumbos. Reason: TRID / Ocwen and Freddie Part Ways / Will Fairholme Win the GSE ‘Bet’?

April 15, 2016
Paul Muolo
So, in other words, a consumer who’s having trouble making his/her mortgage payment soon will have to give Uncle Sam more money in taxes...
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Affordability, Debt Delay FTHB Purchases

April 15, 2016
New surveys of potential first-time homebuyers suggest that many are delaying purchasing a home due to affordability issues and the accrual of non-mortgage debt. “In many cases, we found today’s buyers are taking a long-term view of homeownership,” said D. Steve Boland, consumer lending executive for Bank of America. “They want to purchase a home that will meet their future needs and understand that, in some cases, that will require saving more, waiting longer and ...
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Platform Fuses Cloud, Digital, Smart Workflow

April 15, 2016
The transformation of the mortgage is continuing apace, as technology vendor Cloudvirga has brought to market its new intelligent Mortgage Platform (iMP), which it bills as the industry’s “first comprehensive digital mortgage platform, effectively alleviating the pain points, cost and time associated with the mortgage process.” The new platform combines three emerging trends in technology: cloud storage and security, digitization of images to useable data, and ...
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Retail Gains in First-Quarter GSE Market

April 15, 2016
Mortgages produced through lenders’ retail channels accounted for 60.2 percent of home loans securitized by Fannie Mae and Freddie Mac during the first quarter of this year, according to a new Inside Mortgage Trends analysis of mortgage-backed securities data. The retail share was up slightly from 59.9 percent for all of last year and 59.5 percent in the fourth quarter. Sales of retail-originated loans fell 3.9 percent from the previous period, the smallest ... [Includes one data chart]
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Some Good News: Rating Services Ready to Rate TRID-Affected Deals

April 14, 2016
Brandon Ivey
Many non-agency MBS investors insist that they aren’t comfortable with the liability posed by TRID…
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The Ugly Reality for Non-Agency MBS: It Remains a ‘Recycling’ Project

April 14, 2016
John Bancroft
Some 59.6 percent of new issuance in the first quarter consisted of re-securitizations and deals backed by seasoned re-performing and nonperforming loans...
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CFPB Faces Hostile Questioning in Dispute with PHH; Case Likely Headed to the Supreme Court

April 14, 2016
Thomas Ressler
Trouble ahead for CFPB chief Richard Cordray? The judges asked: “What independent agencies now or historically have been headed by a single person…”
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BofA Reports Weakening Mortgage Profits; Originations Down in 1Q16

April 14, 2016
Paul Muolo
Meanwhile, BofA’s “legacy assets and servicing” unit lost $40 million in the first quarter of 2016.
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