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Servicers Support CFPB Change to FDCPA Notice-Timing Requirements

November 20, 2017
Trade groups representing mortgage lenders and servicers generally support the change the bureau is making to its 2013 mortgage servicing rules under the Real Estate Settlement Procedures Act (Regulation X) and the Truth in Lending Act (Regulation Z) as it relates to certain early-intervention notices. In mid-October, the CFPB issued an interim final rule amending the timing requirements for providing subsequent written early-intervention notices to borrowers who have requested a cease in communication under the Fair Debt Collection Practices Act. The CFPB’s 2016 amendments to the 2013 mortgage servicing rules generally require that servicers send notices to delinquent borrowers every 45 days to inform them of available foreclosure prevention options. For borrowers who have invoked their cease-communication requirements, servicers must ...
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Some Servicers Think CFPB Proposed Change Must Go Further

November 20, 2017
Back in October, the CFPB issued a proposed rule to clarify the timing for mortgage servicers to transition to providing modified or unmodified periodic statements and coupon books in connection with a consumer’s bankruptcy case. Since its 2016 mortgage servicing rule was adopted, the bureau said it has received significant input that certain aspects of the single-billing-cycle exemption and timing requirements may be more complex and operationally challenging than it realized, and that the relevant provisions may be subject to different interpretations. Therefore, the CFPB proposed several revisions to replace the single-billing-cycle exemption with a single-statement exemption. More specifically, the bureau proposed to revise the single-billing-cycle exemption to instead provide a single-statement exemption for the next periodic statement or coupon ...
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Other News in Brief/More Industry Advice for a Post-Cordray CFPB

November 20, 2017
More Industry Advice for a Post-Cordray CFPB. Competitive Enterprise Institute financial policy expert John Berlau said last week, “Richard Cordray’s impending resignation as director of the CFPB is long overdue.... Growth of CFPB Leveling Off. The total number of employees at the CFPB came to 1,668 for fiscal year 2017, up 20 positions from the year before, according to the bureau’s latest financial statements for the last two years.... GAO Signs Off on CFPB Financial Statements. The Government Accountability Office audited the CFPB’s financial statements for fiscal years 2016 and 2017, and found they are “presented fairly, in all material respects, in accordance with U.S. generally accepted accounting principles.”...
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A Strong October for Freddie, GSE Takes Market Share from Fannie

November 20, 2017
John Bancroft
Freddie officials stated that the GSE continued to incur market-adjusted pricing costs in the form of lower MBS guarantee fees.
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Phoenix Announces Two ‘Flow’ MSR Auctions

November 20, 2017
Paul Muolo
The Fannie/Freddie receivables would come primarily from California, Florida and Texas.
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Short Takes: Still Hiring: Nonprime Lenders / Wiped Clean; Franklin Codel’s LinkedIn Profile / HUD Gives $5B in Hurricane Aid to Texas / Freedom Mortgage Shines / A Rare MBS from AMIPM

November 20, 2017
Brandon Ivey and Paul Muolo
Franklin Codel's LinkedIn profile had been wiped clean...
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Fannie’s Servicing Marketplace Set to Open in December

November 17, 2017
Fannie Mae’s Servicing Marketplace that connects servicers and sellers during transfers, is expected to be up and running shortly after Thanksgiving. In a recent servicing guide update, the GSE noted that certain loans delivered under whole loan servicing released commitments taken on or after Dec. 4, 2017, will be bifurcated if sellers participate in its servicing execution tool or the Servicing Marketplace.The mortgage giant designed the application to simplify and bring new concurrent transfers of servicing options to customers. Fannie noted that it also hopes to provide certainty of sale, execution, and process efficiency. Lenders must be approved to participate in the servicing marketplace.
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What We’re Hearing: A Mystery (for Now): Franklin Codel’s Dismissal at Wells / A Major Changing of the Guard is Afoot / Rick Glass: Only the Strong Will Survive / Mick, Tell us How You Really Feel About the CFPB / Fannie & Freddie CEOs Seem Content…

November 17, 2017
Paul Muolo
A major changing of the guard is now afoot in the mortgage industry...
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Ginnie Mae President Candidate David Kittle Tells White House He Doesn’t Want the Job

November 16, 2017
Paul Muolo
Kittle was first approached by the White House nine months ago about the job.
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Watt Likely Won’t Act on Zero Capital Buffer This Year, but Consensus Forming on a GSE Bill?

November 16, 2017
Paul Muolo
Republicans are reportedly on board with the federal MBS guarantee but reluctant to backstop future guarantor entities…
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