Two industry groups have jointly written the CFPB requesting the bureau reconsider a final rule that requires lenders to disclose and deliver appraisals to consumers for both residential loans and commercial loans. The American Bankers Association and the Mortgage Bankers Association said the rule is going to create challenges for lenders when a dwelling is securing business credit, asserting it would place large burdens on lenders, as they may have to deliver thousands of appraisals to non-consumers in commercial settings...
The House Financial Services Committee recently voted 30‐27 to approve H.R. 2767, the Protecting American Taxpayers and Homeowners (PATH) Act, the housing reform bill introduced by Rep. Jeb Hensarling, R‐TX, the committee chairman. Among the bill’s Title IV provisions are a handful of “regulatory relief” overrides to various CFPB mortgage-related rulemakings. For example, Section 403 includes changes to the points-and-fees definitions for the “qualified mortgage”/ability-to-repay rule that also were included in H.R 1077...
Now that President Barack Obama’s nomination of Richard Cordray for a full term as director of the CFPB has gained the grudging consent of the U.S. Senate, perhaps the key issue for the financial services industry is whether the bureau will behave any differently. “The debate about the bureau is going to continue, there’s no question about it,” said one industry attorney formerly on Capitol Hill. “Clearly, on the Republican side, you can see there are serious concerns. They took the unprecedented step of refusing to initially...
Complaints consumers had about their mortgages dropped across the board – loan application and origination, servicing, and modification – during the second quarter of the year, according to a new analysis and ranking by Inside the CFPB. Our review of the second-quarter data based on complaints filed with the CFPB showed that gripes about loan modifications dropped the most during the period, down 10.3 percent. Servicing-related grievances fell 6.5 percent from the first quarter, while complaints about the loan application and origination process...
Two targets of the CFPB’s recent crackdown on the debt relief industry sued the bureau in federal district court in Washington, DC, last week, challenging the constitutionality of the agency, as well as accusing it of “data mining” and attempting to obtain sensitive bankruptcy information protected by attorney-client privilege. At the heart of the dispute is a civil investigative demand the CFPB issued in March 2012 to Morgan Drexen Integrated Systems, whose personnel served as paralegals and other support staff for Connecticut...
The CFPB filed a civil suit last week against Castle & Cooke Mortgage and two top executives, accusing the Utah-based nonbank of illegally giving bonuses to loan officers who steered consumers into mortgages with higher interest rates. Overall, the firm paid 500 quarterly bonuses – roughly $4 million in compensation – to its retail loan officers, based on a compensation structure that rewarded them for bringing in mortgages at higher note rates, the government charges.In its suit, filed in U.S. District Court for the Central District...
Ginnie Mae servicers continued to experience modest increases in servicing outstanding while FHA servicers reported a slight increase in 30-to-60 day delinquencies, according to Inside FHA Lending’s analysis of the agencies’ servicing portfolios as of midyear 2013. As of June 30, Ginnie Mae’s total servicing outstanding was $1.4 trillion, an increase of 6.6 percent from last year and up 1.8 percent from the first quarter, reflecting improvements in government-backed loan originations due to a slowly recovering economy. Ginnie Mae servicing volume has been ... [2 charts]
The Department of Housing and Urban Development has updated its lender requirements for preforeclosure sale (short sale) and deed-in-lieu of foreclosure for implementation on Oct. 1 this year. The short sale or deed-in-lieu of foreclosure are the last options available to a distressed borrower if home-retention options, such as special forbearance, loan modification, partial claim, and FHA’s Home Affordable Modification Program are not successful. A short sale allows the borrower to avoid foreclosure by selling the home for less than the loan balance. The lender recovers the remainder from ...
The FHA is trailing Fannie Mae, Freddie Mac and the Department of Veterans Affairs in the disposition of real estate-owned properties, according to a new study from the Government Accountability Office. The study found that FHA’s net proceeds from REO sales from January 2007 through June 2012 were about 4 to 6 percentage points lower than Fannie’s and Freddie’s returns. The differences in combined returns between FHA and the government-sponsored enterprises persisted at an estimated 2 to 5 percent even after controlling for differences in value, location, market conditions and other relevant factors. In addition, the FHA took about ...
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