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Inside the CFPB
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HUD IG Cites Lender for Using Illegal ‘Gift’ Funds

September 6, 2013
A direct-endorsement (DE) lender in Arizona is on the hook for 789 FHA-insured loans with unallowable “gifts,” placing the Mutual Mortgage Insurance Fund at greater risk and causing the FHA to incur losses. Phoenix-based The Lending Company, Inc. (TLC) allegedly entered into agreements with two nonprofit groups, Family Housing Resources and Affordable Housing Partners, using gift programs that did not comply with FHA requirements, according to the Department of Housing and Urban Development’s Office of the Inspector General. The IG audit also found that TLC originated and underwrote FHA loans and did not ...
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Lender, Broker Charged with FHAct Violation

September 6, 2013
The Department of Housing and Urban Development has charged Fifth Third Bank and a mortgage broker with discrimination for allegedly requiring medical proof from a couple with disabilities who were seeking FHA refinancing. Fifth Third Bank, Fifth Third Mortgage Co. and Cranbrook Mortgage Corp. were accused of violating the Fair Housing Act, which makes it illegal for creditors to deny or discriminate against borrowers based on disability, race, color, religion, national origin, gender or family status, including imposing different application or criteria on protected classes. The married couple, whose names HUD withheld, receive ...
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Small FHA Shops Show the Worst Compare Ratios

September 6, 2013
Many of the lenders with high default rates are smaller companies while those with larger portfolios tend to perform better than the national average, according to Inside FHA Lending’s analysis of compare ratios on two-year FHA loan portfolios. The compare ratio is the percentage of a lender’s default and claim rate compared to the national average. It is shown as a numerical value, which HUD uses to determine lender performance. A compare ratio of over 150 percent will land a lender on HUD’s watch list and a ratio greater than 200 percent could result ... [1 chart]
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VA Okays E-Signatures on VA-Backed Loans

September 6, 2013
The Department of Veterans Affairs has announced it will accept electronic signatures in closing home loans with a VA guaranty. The VA said lenders are not required to use electronic signatures in VA loans but if they choose to, they must comply with the Federal Electronic Signatures in Global and National Commerce Act, or the E-Sign Act. The measure was signed into law in June 2000. The E-Sign Act establishes the baseline rules for Internet commerce, including nondiscrimination between handwritten and electronic signatures. The law also requires that electronic records be ...
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Around the Industry

September 6, 2013
VA Loan Guaranty: New Percentage to Determine Net Value of Collateral. The Department of Veterans Affairs has revised the percentage lenders and mortgage holders in the VA loan guaranty program use in calculating the purchase price of a property that secured a terminated loan. Effective Oct. 8, 2013, the new percentage is 14.95 percent, up from 11.87 percent, which has been in place for the past 12 years. North Carolina Amends Anti-Predatory Lending Law. The Tar Heel State enacted HB 692 on Aug. 23 to strengthen current consumer protections against ...
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FHFA Announcement on Lower Loan Limits Could Come By End of Month

September 5, 2013
Paul Muolo
Some trade groups, including the California Mortgage Bankers Association and National Association of Realtors are not happy with the idea of lower loan limits.
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CFPB Planning Compliance Guidance for New Rules; First Up, Servicing

September 5, 2013
Thomas Ressler
The mortgage industry is feeling immense pressure of implementing the avalanche of new rules from the Consumer Financial Protection Bureau.
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Judge Shrinks NCUA MBS Cases Against JPMorgan, UBS

September 5, 2013
Charles Wisniowski
The legal action against JPMorgan and UBS is part of the NCUA’s larger pursuit of 11 lawsuits tied to CU purchases of $14 billion in non-agency MBS.
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Private Mortgage Insurance Excluded From New Proposed Definition of Qualified Residential Mortgage

September 5, 2013
Federal regulators dealt the private mortgage insurance industry a setback last week when they opted to ignore the presence of private MI coverage in defining “qualified residential mortgages” under a new proposed rule governing securitization. The new rule will require issuers of mortgage securities that are not backed by QRMs to retain a 5 percent share of the risk. As a practical matter, it won’t apply to Fannie Mae and Freddie Mac business as long as the government-sponsored enterprises are in conservatorship, although this exemption would not necessarily be extended to any post-GSE entity that Congress may create. If the agencies stick...
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Short Takes: Cole Taylor Mortgage Sale Moves Closer / Wells Likes Rich Mortgage Borrowers Better Than Joe Sixpack / Credit Unions Gamble on Holding 30-Year FRMs / Former E-LOAN CEO Joins Raj Date’s New Firm / When Might National MI Go Public?

September 5, 2013
Brandon Ivey and Paul Muolo
Look for an update late Thursday on the sale of Cole Taylor Mortgage. Meanwhile, does anyone care that credit unions are holding 30-year jumbo mortgages in portfolio?
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