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CFPB, Other Feds, State AGs Slap SunTrust With $968 Million Action

June 23, 2014
SunTrust Mortgage, based in Richmond, VA, agreed to pay a total of $968 million to settle allegations of origination and servicing wrongdoing under a consent order brought by the CFPB. The Department of Justice, the Department of Housing and Urban Development and state attorneys general from 49 states and the District of Columbia joined in the settlement, which stemmed from the National Mortgage Servicing Settlement. The company will provide $500 million in loss-mitigation relief to underwater borrowers. The order also will require SunTrust to pay $40 million to approximately 48,000 consumers who lost their homes to foreclosure, and $10 million to cover losses it caused to the FHA, the Department of Veterans Affairs, and the Rural Housing Service. The order...
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CFPB Slams NJ Title Company Over Alleged RESPA Kickbacks

June 23, 2014
The CFPB recently ordered a New Jersey company, Stonebridge Title Services Inc., to pay a $30,000 civil penalty to the bureau for allegedly paying illegal kickbacks for referrals. According to the CFPB, Stonebridge paid commissions to more than 20 independent sales representatives who referred title insurance business to Stonebridge. Stonebridge solicited people to provide it with referrals of title insurance business, offering to pay commissions of up to 40 percent of the title insurance premiums Stonebridge itself received, the bureau alleged. “These practices violated Section 8 of the Real Estate Settlement Procedures Act, which prohibits kickbacks and payment of unearned fees in the context of residential real estate transactions,” the CFPB said. Paying commissions for referrals is allowed under RESPA ...
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Lenders Using Independent Advisors to Ensure QM Conformity

June 23, 2014
To minimize the risk that their newly minted mortgage loans will fail to comply with the CFPB’s ability-to-pay rules, originators, correspondent lenders and purchasers have begun using independent advisors to perform various quality control functions. Among those functions are ATR/qualified mortgage review, mortgage risk assessment and a mortgage defense package, according to Ron D’Vari, CEO of NewOak, an independent financial services advisory firm in New York City. The ATR/QM review consists of a three-step process (aimed at compliance with ATR/QM requirements) run in conjunction with a credit review or stand-alone, D’Vari said in an online blog post recently. “The first step is diagnostics involving standard due diligence review aimed at identifying deficiencies leading to potential liability for non-compliance with ATR ...
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Regulatory Environment Will Need 10 Years to Stabilize, ABA Rep Says

June 23, 2014
Rod Alba, senior regulatory counsel for the American Bankers Association, told attendees at this year’s ABA regulatory compliance conference it will take the mortgage industry roughly 10 years for all the new rulemakings issued and still pending at the CFPB and elsewhere to reach a point of finality, stability and certainty. “I’ve said that it would take us possibly a full decade to get through all the rulemaking we have with mortgages. We’ve started about two or three years ago with the first being proposed and now at the beginning of this year with some of the rules [taking effect],” he said. Why a decade? “Well, not all the rules are done yet. As you know, we still have the ...
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House Panel Passes Multiple CFPB Bills; Prospects Dicey in the Senate

June 23, 2014
The House Financial Services Committee passed a handful of CFPB-related bills earlier this month, after a previously scheduled markup had been delayed by the death of the mother of Rep. Maxine Waters, D-CA, the ranking member on the committee. H.R. 3770, the CFPB-IG Act of 2013, introduced by Rep. Steve Stivers, R-OH, was approved 39-20. The bill would create a separate, independent inspector general for the CFPB. The CFPB currently shares an inspector general with the Federal Reserve System. H.R. 4262, the Bureau Advisory Commission Transparency Act, introduced by Rep. Sean Duffy, R-WI, was approved by voice vote. H.R. 4262 would open up CFPB advisory board meetings to the public. H.R. 4383, the Bureau of Consumer Financial Protection Small Business ...
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Partnership with FHLB Could Boost Redwood’s Production by $5 Billion

June 20, 2014
Brandon Ivey
Although the FHLB-Chicago will facilitate jumbo purchases with Redwood, any FHLB member across the nation can upstream product to the REIT.
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Chase Prepares to Issue Unique Jumbo MBS Backed By 15-Year Fixed-Rate Mortgages

June 20, 2014
Brandon Ivey
The loans in the deal were largely originated by First Republic Bank and Chase, banks that certainly have the capacity to hold jumbos in portfolio.
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Redwood to Source Jumbos Through FHLBanks

June 20, 2014
Redwood Trust could boost its jumbo acquisitions by $5.0 billion a year, according to industry analysts, due to a new partnership with the Federal Home Loan Bank of Chicago. The real estate investment trust announced last week that it has an exclusive three-year deal to purchase “high balance” mortgages from FHLBank members participating in a new product under the Mortgage Partnership Finance Program. Under the new MPF Direct, members of an ...
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Changes to GSEs’ G-Fees Likely a Long Way Off

June 20, 2014
In December, the Federal Housing Finance Agency was set to increase the guaranty fees charged by the government-sponsored enterprises. However, Melvin Watt, the new director of the FHFA, put a hold on the planned g-fee increase and is taking a much more deliberate look at the fees, including a potential decrease in g-fees. The FHFA this month released a request for input regarding the g-fees charged by Fannie Mae and Freddie Mac, including questions about ...
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Lenders Feel ‘Unsafe’ Dealing with FHA

June 20, 2014
SunTrust Mortgage’s recent settlement of a dispute with the federal government and 49 state attorneys general over defective FHA loans and Wells Fargo’s losing bid to quash a similar lawsuit are raising concerns about doing business with the FHA. Industry attorneys say the lesson for lenders in these recent industry debacles is that it is “extraordinarily dangerous” to do FHA loans these days given the outcome of the two cases. It is also getting harder to trust mortgage settlement agreements with the government, they added. “The scariest part in all these is the combination of government forces involved in these claims – state AGs, Department of Justice, Department of Housing and Urban Development and the Consumer Financial Protection Bureau,” said an attorney, who worked on both cases. “When they want to get you, they can get you.” Others believe these developments could have a ...
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