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Inside the CFPB
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Did CFPB Overstep its Bounds by Using Its UDAAP Power to Apply FDCPA Provisions to Servicers?

July 18, 2013
The Consumer Financial Protection Bureau may have over-reached by extending its new bulls-eyes on debt collectors to mortgage servicers, according to some top mortgage industry attorneys. The CFPB last week warned all companies under its jurisdiction that they will be held accountable for unlawful conduct in collecting a consumer’s debts, citing its authority under the Dodd‐Frank Act, which prohibits “unfair, deceptive, or abusive” acts or practices (UDAAPs). Attorney Alan Kaplinsky, a practice leader in the Philadelphia office of the Ballard Spahr law firm, said it’s particularly significant that the bulletins not only address the conduct of debt collectors and debt buyers, but also are directed at creditors and servicers. CFPB Bulletin 2013‐07 makes...
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Market for Private-Placement Issuance Widens, FINRA Considering Increasing Transparency

July 18, 2013
The audience for the marketing of private-placement securities is set to increase due to changes approved last week by the Securities and Exchange Commission. Separately, the Financial Industry Regulatory Authority voted to increase transparency for consumer ABS private placements, prompting some to suggest that FINRA could also increase transparency for private-placement non-agency MBS. The SEC voted 4-1 to adopt a new rule to implement a JOBS Act requirement to lift the ban on general solicitation or general advertising for certain private securities offerings offered under Rule 506. The SEC also amended Rule 144A, which covers private placements of non-agency MBS and other securities. Under the new rule, offers of 144A securities can be made...
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Ginnie Approvals Already Surpass Last Year’s Total, But Nonbanks a Problem

July 17, 2013
Paul Muolo
Banks have a strong track record on obtaining Ginnie Mae approvals, nonbanks not so much.
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Corker-Warner Pitch Their GSE Reform Effort Over Hensarling’s ‘Ideologically Pure’ Bill

July 17, 2013
Charles Wisniowski
Sens. Bob Corker, R-TN, and Mark Warner, D-VA, say their mortgage reform measure strikes the right chord between Democrat and Republican concerns.
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Short Takes: Nationstar Lays Groundwork for Another BofA MSR Deal / PHH Revises Warehouse Agreement with RBS / The Fed Will Keep Gobbling Up MBS / The CFPB’s Cordray is Finally Street Legal / An OIG For CFPB?

July 17, 2013
Paul Muolo and Thomas Ressler
Nationstar Mortgage is issuing $250 million of debt, hinting that it may buy more MSRs from Bank of America.
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MBA Wants a Common GSE MBS, More

July 16, 2013
Charles Wisniowski
The MBA believes that the Treasury Department – despite being the GSEs’ single biggest shareholder – has been absent on Fannie/Freddie reform since early 2011.
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Consumer Complaints to CFPB About Mortgages Decline

July 16, 2013
Thomas Ressler
The numbers suggest that after seven quarters of complaints being received by the CFPB, mortgage lenders are getting a better handle on complaint resolution.
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FHFA OIG Wants Performance Measures on G-Fee Hikes

July 16, 2013
Paul Muolo
In 2012 single-family g-fees allowed Fannie Mae and Freddie Mac to collect $12.5 billion from its seller/servicers.
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FHA Solvency Bill Has Support – But Will it Pass?

July 16, 2013
George Brooks
Among other things, the bill would allow FHA to make changes to the reverse mortgage program by mortgagee letter rather than legislation.
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Short Takes: Cordray Confirmed as CFPB Chief? / LPS Looked at Buying Mortgage Cadence / Joe Garrett Tells Lenders to Cut Now / Allonhill Starts Hiring / Fannie Says Market Could Move Toward ARMs

July 16, 2013
Paul Muolo and Thomas Ressler
Accenture is making major inroads in the residential finance space with its purchase of Mortgage Cadence. Meanwhile, Fannie says market could move toward ARMs.
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