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Law Professors Slam Hensarling’s CHOICE Act, Defend the CFPB

May 23, 2017
Thomas Ressler
The law professors believe the CHOICE Act would take the mortgage industry back to the recent past, which was characterized by risky lending and lax regulatory oversight.
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Appeals Court to Hear Oral Arguments Wednesday in PHH Corp. v. CFPB

May 23, 2017
Thomas Ressler
Sam Kazman, general counsel for the Competitive Enterprise Institute, says the hearing involves fundamental issues about the basic structure of our government…
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Short Takes: PHH Gets an ‘Outperform’ Rating / Woman Sentenced in Freddie Mac Fraud / A Quart of Milk with that Fannie MBS? / Title Giant Buys Auction Firm / CMC Asks for CFPB Guidance

May 23, 2017
Carisa Chappell, Paul Muolo, and Thomas Ressler
A new research note from Wedbush Securities calls PHH an “outperform,” but also reduces the target price on the company’s stock...
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FSR Calls for White House to Change CFPB Structure, Rules

May 22, 2017
The Financial Services Roundtable advised the Trump administration that the structure of the CFPB needs to be changed, and that the agency should revise a handful of its key mortgage rulemakings, most notably the ability-to-repay/qualified mortgage rule, the Home Mortgage Disclosure Act rule and the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, or TRID. The FSR’s call came in a detailed response to President Trump’s Executive Order 13777, “Reducing Regulation and Controlling Regulatory Costs,” issued earlier this year, directing the Treasury Department to conduct an assessment of financial regulations to evaluate how they align with the White House’s core principles of financial regulation.In terms of the bureau itself, the industry organization said the governance structure ...
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Servicers Ask for Guidance on Successor-in-Interest Issues

May 22, 2017
The Consumer Mortgage Coalition and the Mortgage Servicers Working Group asked the CFPB for guidance on how to comply with bankruptcy-related provisions when a confirmed successor-in-interest, who is not legally a borrower, has filed a bankruptcy petition. Under Regulations X and Z, these successors will be considered borrowers. Their inquiry came in response to the bureau’s request for comment on its plan to assess its 2013 mortgage servicing rules. One question the industry representatives had is whether the Fair Debt Collection Practices Act applies to the mortgage servicing rule’s early intervention requirements.They note that Section 1024.39(c) of Reg X provides some exemption from early intervention written notices if any borrower on the loan sends an FDCPA cease-communication notice “with ...
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Other Compliance News: HUD Wants Industry Input on Regulatory Burden

May 22, 2017
In response to President Trump’s recent executive orders on regulatory reform, the Department of Housing and Urban Development announced it is looking for industry feedback on any of its existing regulations that might be outdated, ineffective or excessively burdensome. As required by Executive Order 13777, “Reducing Regulation and Controlling Regulatory Costs,” HUD said it is in the process of establishing a regulatory task force charged with identifying agency regulations that should be repealed, replaced or modified. As part of that review, the agency is inviting the public to weigh in on the adequacy and relevancy of its current regulatory framework. “HUD’s goal in conducting the review is to make the department’s regulations more effective and less burdensome in achieving HUD’s ...
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Other Compliance News: Financial Freedom to Pay $89M to Settle Reverse Mortgage Charges

May 22, 2017
Financial Freedom, an Austin, TX-based servicer, agreed to an $89 million settlement with the U.S. Department of Justice to settle allegations that it violated the False Claims Act, the Financial Institutions Reform, Recovery, and Enforcement Act, and FHA servicing requirements in connection with its participation in FHA’s Home Equity Conversion Mortgages, or “reverse mortgage,” program. The Justice Department alleged that Financial Freedom sought to obtain insurance payments for interest from FHA “despite failing to properly disclose on the insurance claim forms it filed with the agency that the mortgagee was not eligible for such interest payments because it had failed to meet various deadlines relating to appraisal of the property, submission of claims to the Department of Housing and Urban ...
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CFPB Did Not Fully Secure Sensitive Enforcement Data, OIG Finds

May 22, 2017
Thomas Ressler
The CFPB responded that “none of the identified opportunities for improvement ever resulted in any breach of confidential information outside the bureau.”
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LendingHome Gets Fannie Mae Approvals, Hires Former Nationstar CFO

May 22, 2017
Paul Muolo
Since its founding in mid-2014, LendingHome has originated $1 billion in loans.
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Chances of a ‘Win’ by GSE Stock Speculators Dimming?

May 22, 2017
Paul Muolo
Since Watt’s recent testimony, GSE speculators like Pershing Square and Fairholme have been mostly quiet.
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