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Should Mortgage Executives Worry About Talking ‘Under Oath’ to the CFPB?

May 1, 2014
Thomas Ressler
Although Garrett declined to comment further on the matter, attorneys that represent lenders before the CFPB were happy to share their opinions on the "under oath" issue.
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Ocwen Blames Earnings Decline on Regulatory Issues, Stock Smacked About

May 1, 2014
Brandon Ivey
Ocwen's share price fell 7 percent on the day, moving closer to its 52-week low of $33.54. Its high is a mouth-watering $60.18. In other words, its market cap has been almost halved.
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KBW: Fannie and Freddie Emerging From Conservatorship ‘Increasingly Plausible’

May 1, 2014
Paul Muolo
Industry officials who have studied the issue contend that the Treasury Department does not have the legal right to give Fannie and Freddie back to their junior and common shareholders. In short, it would take an act of Congress.
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Short Takes: Are Fannie and Freddie Secretly Funding a Pro-GSE Group? / Homeownership, No Longer the ‘American Dream’? / Jumbo Production Flat at EverBank / Ocwen’s Erbey Does the Earnings Spin

May 1, 2014
Brandon Ivey and Paul Muolo
The TV ad we viewed is so glowing in praise that one might think the GSEs themselves produced it.
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If FHFA Has Its Way, Its Replacement Would Wield a Lot More Power Over Primary Market Lenders, Servicers

May 1, 2014
Although the Johnson-Crapo housing finance reform bill has little chance of becoming law this year, comments on the legislation submitted to the Treasury Department by the Federal Housing Finance Agency strongly suggest that the current regulator of the government-sponsored enterprises wants its reincarnation to have expanded oversight powers. Industry officials, lobbyists and executives tracking the bill note that if the FHFA has its way, the new Federal Mortgage Insurance Corp. will become a supervisor of nonbanks that originate loans slated for securitization. Currently, the FHFA serves...
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CFPB Announces Limited ‘Right to Cure’ for Loans That Fall Outside the 3 Percent Points and Fees Cap

May 1, 2014
Mortgage lenders scored a victory this week when the Consumer Financial Protection Bureau announced it will grant lenders a “right to cure” home loans that inadvertently exceed the 3 percent points-and-fees cap for qualified mortgages. “The bureau is proposing to allow for a post-consummation cure of points-and-fees overages only where the loan was originated in good faith as a qualified mortgage to ensure that the cure provision is available only to creditors who make inadvertent errors in the origination process and to prevent creditors from exploiting the cure provision by intentionally exceeding the points-and-fees limits,” the agency said. Currently, under the CFPB’s ability-to-repay rule, the points and fees charged to a consumer on a QM loan generally cannot exceed...
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Nonbanks Aggressively Scouring the Nation for M&A Deals, 35 Percent of Firms Could Disappear by Mid-2015?

May 1, 2014
Several mid-sized nonbanks that earned a ton of money during the refi boom of the past two years are in the hunt to buy the production assets of other companies, hoping to snatch additional market share away from commercial banks. Moreover, some mortgage advisors that ply their trade in the mergers and acquisitions space believe that unless origination volumes improve rapidly, the “roll-up” of the mortgage industry could be fierce by the end of 2014. According to recent production figures compiled by Inside Mortgage Finance, the residential finance industry is coming off its worst origination quarter in 14 years. Rick Roque, a principal in the boutique advisory firm Menlo Company Global, anticipates...
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Regulatory Scrutiny of Nonbank Servicers Extends To REO Sales for Ocwen by Affiliated Company

May 1, 2014
The New York Department of Financial Services expanded its investigation of nonbank servicers, raising concerns about sales of real estate owned properties for Ocwen Financial by Altisource Portfolio Solutions, an affiliate of the nonbank servicer. Officials at Altisource downplayed the concerns late last week and said the company plans to continue to grow with Ocwen. In February, NYDFS Superintendent Ben Lawsky put on indefinite hold a planned servicing transfer from Wells Fargo to Ocwen on mostly non-agency mortgages with an unpaid principal balance of $39.2 billion. Lawsky has sent a number of questions to Ocwen as well as Nationstar Mortgage based on concerns that the nonbank servicers were growing too quickly. Officials at Ocwen note...
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Can Common Ground be Found on Mortgage Servicing Transfers?

April 30, 2014
Paul Muolo
Since late last year, the FHFA has required that any Fannie Mae/Freddie Mac MSR sale of $5 billion or more – roughly 5,000 loans – be approved by the agency.
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MBA Asks FHFA to Scrap, Revise GSE Servicer Compensatory Fees

April 30, 2014
Charles Wisniowski
MBA believes the imposition of compensatory fees has morphed into a risk-sharing mechanism that shifts the costs of the prolonged foreclosure process from the GSEs onto mortgage servicers.
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