The Department of Housing and Urban Development has expressed concern about the inspector general’s decision to withhold its opinion on the results of FY 2016 audits of HUD and Ginnie Mae. In its audit report, the HUD inspector general said it has issued a disclaimer of opinion on HUD’s fiscal years 2016 and 2015 (restated) consolidated financial statements because of the agency’s failure to deliver both statements and their accompanying notes in a timely manner. In addition, there were several unresolved audit matters from past audits that prevented the IG from completing an examination of HUD’s and Ginnie Mae’s accounts and rendering an opinion. These unresolved matters related to a number of things, including the Office of General Counsel’s refusal to sign a management representation letter, HUD’s improper use of budgetary accounting methods, and the $4.2 billion in ...
US Court Issues Injunction on DOL’s Overtime Pay Rule. A federal judge in Texas granted states’ motion to block the Department of Labor’s controversial overtime pay rule set to take effect on Dec. 1, 2016. In late breaking news, the Department of Justice said it will appeal the injunction. The decision handed down by Judge Amos Mazzant of the US District Court for the Eastern District of Texas would deprive approximately 4.2 million workers who stand to benefit from the rule. Twenty-one states, a coalition of business organizations and the Plano Chamber of Commerce challenged the rule in separate amici briefs, arguing they stand to lose money if the final rule takes effect. The final rule would require employers to pay a higher salary level for certain employees to be exempt from overtime. In addition, it would automatically update the minimum salary level every three years. In his decision, Mazzant determined that ...
Since the November election, mortgage rates have spiked roughly 75 basis points, promising to snuff out the refinancing market and possibly leading to a spate of industry layoffs. But so far, it appears that many firms are keeping their cost-cutting powder dry. “Application volume has been pretty much the same,” said Paul Rozo, CEO of nonbank originator Paramount Residential Mortgage Group, Corona, CA. “I think it’s too early in the game to be thinking about layoffs.” Marc Savitt, a principal in The Mortgage Center, a small West Virginia-based brokerage firm, said...
The incoming administration of President-elect Donald Trump is likely a couple of months away from formal confirmation by the U.S. Senate of new cabinet officials. But at least one position has apparently been settled – that of Treasury secretary – and other names have been circulated, including that of a possible head of the Department of Housing and Urban Development. At the same time, Trump has begun fleshing out the personnel that will serve on various “landing teams,” which help ease the transitions at various federal agencies. On the cabinet level, the new president has decided...
Mortgage lenders saw a significant jump in refinance activity during the third quarter of 2016, although purchase-mortgage lending continued to account for over half of new originations, according to a new analysis and ranking by Inside Mortgage Finance. Refi production increased by 20.4 percent from the second to the third quarter, according to revised estimates by Inside Mortgage Finance. A total of $277.0 billion of refi loans were originated during the period, the strongest quarterly volume since the second quarter of 2013, when an estimated $351.0 billion of refinance mortgages were originated. One change in the market over the past three years has been...[Includes three data tables]
In its petition to the U.S. Court of Appeals for the DC Circuit that is surprisingly brief, given what’s at stake in its dispute with PHH Corp., the CFPB seems to have abandoned its position that statutes of limitations do not apply to its administrative enforcement proceedings, legal observers suggest. This could provide a significant amount of legal certainty to lenders, if in fact it proves to be the end of the matter. In a client note reviewing the agency’s petition, attorneys with the BuckleySandler law firm in Washington, DC, pointed out, “Perhaps most significantly, the bureau’s petition does not request rehearing of the panel’s conclusion that RESPA’s three-year statute of limitations applied to administrative as well as judicial actions ...
Roughly 14 percent of the 12,500 mortgage complaints the CFPB has received to date from U.S. military personnel, veterans and their dependents involve problems with refinancing, and the issues they face have been changing over time, according to a new report from the bureau. “As the housing market has rebounded, we hear less about veterans struggling to refinance their loans when facing a financial hardship or imminent default and more about the problems associated with refinancing when they are using it as a tool to get potentially more favorable loan terms,” the CFPB document stated. The agency then delved into some of the specific gripes being lodged against mortgage companies. “We receive many complaints from veterans who believe they are ...
The Consumer Financial Protection Bureau late last week filed its much-anticipated petition with the U.S. Court of Appeals for the DC Circuit to reconsider some of the key holdings made by a three-judge panel of the court against the agency in PHH Corp. v. CFPB back in mid-October. One such holding was the panel’s determination that the CFPB’s leadership structure is unconstitutional because it is run by a sole director who can only be removed by the president for cause. While an appeal by the bureau was widely expected, the issue took on a new urgency after Republican real estate developer Donald Trump won the presidential election. In its petition, the CFPB asserted...
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