CFPB Makes Annual Threshold Adjustments Per HMDA, TILA Regulations. Late last month, the CFPB issued two final rules regarding annual threshold adjustments under the implementing regulations for the Home Mortgage Disclosure Act and the Truth in Lending Act. Under the HMDA regulation, Reg. C, the asset-size exemption for banks, savings associations and credit unions will remain at $44 million. As a result, such institutions with assets of $44 million or less as of Dec. 31, 2015, are exempt from collecting HMDA data in 2016. “An institution’s exemption from collecting data in 2016 does not affect its responsibility to report the data it was required to collect in 2015,” the CFPB said. The rule became effective Jan. 1, 2016, and applies ...
In addition to misrepresenting prices sought by buyers and sellers of MBS, the DOJ said Siegel and co-conspirators misrepresented that bonds held in RBS’s inventory were being offered for sale by a fictitious third-party seller…
The prospects for consumer ABS in 2016 are a bit mixed. Auto ABS – especially subprime – appear susceptible to the Federal Reserve’s promised raising of interest rates this year and beyond, but credit card ABS are strong and performing well. “Rising interest rates could pressure U.S. auto ABS transactions, especially first on subprime deals,” analysts at Fitch Ratings said in a recent client note. While they expect last month’s initial rate increase by the Fed to have only a marginal near-term impact on borrowers, they said the plan to raise rates gradually over four years could increase the monthly debt burden on auto loan borrowers. “Although the rate increases are expected to affect the entire market, Fitch believes...
Broad changes to federal bankruptcy forms that went into effect on Dec. 1, 2015, should help reduce the likelihood of a procedural challenge to mortgage lenders’ and servicers’ claims, according to attorneys with the law firm of Ballard Spahr. The revisions pertain specifically to proofs of claim for residential mortgage loans. Many of the alterations are technical or designed to modernize the forms, but a few of the changes affect the substance of the information and analysis ...
PHH Corp. and Nationstar Mortgage – both top 10 ranked residential servicers – recently filed to sell debt securities, an odd situation for two companies struggling with low share valuations amid a lack of confidence among both investors and stock analysts. The lender/servicers also have unveiled stock buyback programs, though such announcements usually represent a desire to do so, and not a contractual obligation. PHH’s Form S-3 filing with the Securities and Exchange Commission offers...
A surge in sales of mortgage servicing rights by banks to nonbanks is likely over, according to industry analysts. As regulatory oversight remains a concern, the use of subservicing is expected to increase, with troubled loans handled by specialists. “The frequency of MSR transfers will remain low, even though buyer interest in MSR transfers may rise from 2015 levels,” according to analysts at Moody’s Investors Service. Analysts at Bank of America Merrill Lynch added...
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