In another display of multijurisdictional cooperation, the CFPB and the Maryland Attorney General last week brought an enforcement action against a Maryland-based title company and its executives, alleging they participated in a mortgage kickback scheme, trading cash and marketing services in exchange for referrals. The complaint names Genuine Title, LLC, as well as Jay Zukerberg, Brandon Glickstein, Gary Klopp, Adam Mandelberg, William Peterson, and Angela Pobletts, along with a number of limited-liability companies controlled by certain defendants. The CFPB and Maryland allege that Zukerberg and Glickstein developed and operated schemes to give loan officers marketing services and cash payments in exchange for referrals of title work. The kickback schemes violated the Real Estate Settlement Procedures Act, which prohibits giving a ...

FFIEC Issues Revised Interagency Examination Procedures for Compliance with the TRID. The Task Force on Consumer Compliance of the Federal Financial Institutions Examination Council recently put out new interagency examination procedures for the Truth in Lending Act (TILA), as implemented by Regulation Z, and the Real Estate Settlement Procedures Act (RESPA), as implemented by Regulation X. These procedures reflect CFPB amendments to Regulations Z and X published in the Federal Register in December 2013 and February 2015. Most of the changes to the procedures relate to the integrated mortgage disclosure requirements under TILA and RESPA, commonly referred to as the “TRID” requirements. Office of the Comptroller of the Currency Bulletin 2015-27 makes available on the OCC website the revised interagency ...

The Federal Housing Finance Agency is expected to unveil its final rules on Private Mortgage Insurer Eligibility Requirements (PMIERs) early next week, according to industry officials who claim to have knowledge of the regulator’s thinking. After the MI industry views the regulations, the rest of the world likely will see them a week later. It’s anticipated that the FHFA will not make any surprising changes to what was proposed earlier in the year, though a new report from Compass Point Trading & Research predicts that the final regulatory language will be “modestly softened.” The research firm adds, “Our view remains that the forthcoming FHFA release will be positive for the PMI industry,” noting that the finalization will remove a “meaningful policy overhang” from the sector.

Conservatorship has left Fannie Mae and Freddie Mac in a state of flux, according to former Federal Deposit Insurance Corp. Chairman William Isaac, who recently criticized the federal government’s verdict to let the Treasury Department take the bulk of the GSEs profits. As anxiety continues to grow about the sustainable profitability of Fannie and Freddie, Isaac said there doesn’t appear to be light at the end of the tunnel. “We need to bring some fresh thought to this issue,” he said during a teleconference sponsored by Investors Unite last week. Although he said there has been very little movement on the issue within the past year. Isaacs said until a resolution is reached, “it’s very important that the government treat...

The Community Home Lenders Association last week said that more investigation is needed before the Federal Housing Finance Agency finalizes its proposed increase in capital and liquidity requirements for Fannie Mae and Freddie Mac servicers.

The CFPB can do a better job when it comes to diversity and inclusion, according to a new report issued by the bureau’s Office of Inspector General. The CFPB has taken steps to foster a diverse and inclusive workforce since it began operations in July 2011, the OIG began. But it identified four areas of the bureau’s diversity and inclusion efforts that can be enhanced. “First, diversity and inclusion training is not mandatory for CFPB employees, supervisors and senior managers,” the office said. Second, data quality issues exist in the CFPB’s tracking spreadsheets for Equal Employment Opportunity complaints and negotiated grievances, the report said, and certain data related to performance management are not analyzed for trends that could indicate potential ...

Despite the comparatively small staff of examiners at the CFPB – close to 500 – Deputy Director Steven Antonakes said in a speech last week that his staff is an “x-factor,” in that the bureau works closely with other state and federal exam teams to leverage its resources. In military terms, that’s known as a force multiplier. “The bureau does not have a safety and soundness mandate. Nevertheless, we very much care about the financial health of banks and nonbanks,” Antonakes said. “As a veteran of two banking crises, I can tell you unequivocally that, in my view, consumer protection is not in conflict with safety and soundness. Consumers benefit from a healthy, competitive, and diversified financial services system through greater access ...

In an effort to help indebted students as they move into the workforce, the CFPB joined other federal regulators recently in issuing guidance on private student loans with graduated repayment terms at loan origination. “Financial institutions that originate private student loans may offer graduated repayment terms in addition to fixed amortizing terms to borrowers at the time of loan origination,” the guidance stated.Graduated repayment terms provide lower initial monthly payments early in the repayment period and phase in the amortization of the principal balance, it noted. “Graduated repayment terms may align a borrower’s income level with loan repayment requirements, provide flexibility to repay the debt sooner if a borrower’s income increases more quickly than projected, and may help long- ...

Fannie Mae and Freddie Mac have filed notice with the Securities and Exchange Commission warning that they might not be able to pay “deferred” compensation to executives if the GSEs fail to meet their 2015 conservatorship scorecard goals. Fannie, for instance, notes that the Federal Housing Finance Agency “will have the primary role” in determining whether the mortgage giant achieved its goals.None of the potentially affected executives are named in the separate SEC filings of the two. One former GSE regulator had this to say on the matter: “The purpose of the conservatorship scorecard is to drive performance. They are tied directly to GSE executive compensation.” According to the recently released 2015 scorecard, performance is based on a variety ...

The Federal Housing Finance Agency’s diversity record at senior-level positions has improved, but remains far more wanting among mid-level management positions, according to a report by the agency’s Office of the Inspector General. An OIG analysis of FHFA data showed that the percentage of minorities and women in senior positions at the agency increased from 2011 to 2013. In addition, promotions of minorities at the senior level also increased over the same period. The report further found that the share of women at mid-level positions also rose during the same timeframe. However, the percentage of minorities in these positions remained unchanged, it noted. The OIG conducted a review of diversity and related workplace issues within the FHFA from March through ...