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Bureau Position Upheld as SCOTUS Sides With Borrower on Rescission

January 26, 2015
When it comes to legal cases at the Supreme Court of the United States, score one for the CFPB. Earlier this month, in Jesinoski v. Countrywide, the SCOTUS essentially upheld the bureau’s position on borrower rescission of a mortgage under the Truth in Lending Act. Specifically, the high court unanimously ruled that TILA only requires written notice to a mortgage lender within three years in lieu of requiring a borrower to formally file a lawsuit within that time span. Under TILA, a borrower may rescind a mortgage within the first three days of consummation of the transaction or the delivery of the mandated disclosures required. However, if a lender fails to make the disclosures demanded under TILA, this right is ...
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Complaints About Mortgage Applications, Originations Plummet

January 26, 2015
Even though mortgage-related complaints to the CFPB fell 14.5 percent year over year and 16.1 percent percent quarter to quarter, gripes about the mortgage loan application and origination process dropped even further, a new analysis by Inside the CFPB shows. Consumer criticisms about their loan apps and the overall origination process fell 22.8 percent from 2013 to 2014. The fourth quarter drop-off was even better, down 28.0 percent from the third quarter. While those performances are positive on the surface, they may be indicative of larger trouble elsewhere: in the case of the U.S. mortgage market, the fall in complaints about loan apps and originations is most likely largely due to the continued slow-down ... [with exclusive chart]...
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Almost Half of Homebuyers Don’t Shop for Their Mortgages: CFPB

January 26, 2015
Nearly half of the people who buy a home do not shop for the mortgage they end up with, according to a new report from the CFPB. “When we say that almost half of consumers who take out a mortgage to buy a home fail to shop before applying for a mortgage, this means they seriously considered only a single lender or broker before making their decision,” CFPB Director Richard Cordray said. By contrast, most homebuyers put a lot of effort into weighing their differing housing needs. They generally consider the most basic questions about which house to buy, such as where they want to live, the proximity to good schools, and how many bedrooms or bathrooms they think they ...
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GOP, Industry Look to Clip CFPB Wings in New Congress, 2015

January 26, 2015
The reconstituted House Financial Services Committee recently adopted an oversight plan for the 114th Congress – and scrutiny of the CFPB remains part of the agenda of the Republican-controlled committee. “The committee will oversee the regulatory, supervisory, enforcement, and other activities of the CFPB, the effect of those activities on regulated entities and consumers, and the CFPB’s collaboration with other financial regulators,” said the plan document. “The committee will also examine the governance structure and funding mechanism of the CFPB.” When it comes to specific sectors of the financial services industry, the committee said it plans to closely review recent rulemakings by the CFPB and other agencies on a variety of mortgage-related issues. “The committee will monitor the coordination and implementation ...
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Mortgage Complaints Drop Yet Again. What’s That All About?

January 26, 2015
Thomas Ressler
Elsewhere, the latest figures from the CFPB show a big reduction in consumer belly-aching about loan modifications...
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CFPB Defends ‘Rate-Checker’ Product as Fallout Continues

January 23, 2015
Thomas Ressler
MBA's Dave Stevens did not mince words, calling the CFPB product "the most misleading and inaccurate tool that will do anything but help prospective homebuyers.”
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ABS Market is Back: 2014 Strongest Post-Crisis Year Yet for Issuance

January 23, 2015
John Bancroft
ABS issuance was up 12.0 percent from the prior year, with solid gains in three of the market’s key sectors: auto finance, credit cards and business loans.
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Thanks to Technology, Loan Officers Rarely See the Borrower

January 23, 2015
Paul Muolo
One LO who works for a top-10 lender (a bank) said she actually sees her customers half the time...
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Wells Fargo, JPM Will Settle Kickback Allegations with CFPB

January 23, 2015
Thomas Ressler
The CFPB and the Maryland AG also took action against former Wells Fargo employee Todd Cohen and his wife, Elaine Oliphant Cohen, for their alleged involvement.
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Despite the Loss of Three Top Executives, Cerberus-Controlled FirstKey Aims to Grow

January 23, 2015
FirstKey Mortgage, which has big plans in the non-agency space that include lending outside the qualified mortgage box and securitization, late this week saw the departure of three of its top executives, including CEO Bruce Witherell. According to industry officials familiar with the situation, FirstKey’s parent company, Cerberus, was beginning to take more of an active role in how the lender/issuer was being operated, a situation that didn’t sit well with some senior executives at the nonbank, including Witherell. Witherell and FirstKey executives Randy Sidhu and David Essex have accepted...
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