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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Robust Compliance Strategy Will be Critical in Successfully Navigating the CFPB’s QM Waters

May 16, 2013
The ability-to-repay rule promulgated by the Consumer Financial Protection Bureau is perhaps the single most important mortgage-related regulation the CFPB will produce under the Dodd-Frank Act, and mortgage lenders will need a vigorous and comprehensive strategy if they are going to make qualified mortgages profitably while maintaining the desired level of legal protection. But before lenders get to the compliance pieces of the QM puzzle, they’ve got to figure out “how to get to QM” and what types of loans they want to make. “We’re assuming...
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U.S.’s Aggressive Use of FCA Rejected in GSE Loan Case, But Claims Under FIRREA Allowed to Proceed

May 16, 2013
Efforts by the U.S. Attorney for the Southern District of New York to use the False Claims Act to recoup $1 billion in losses suffered by Fannie Mae and Freddie Mac have suffered a big setback. Last week, U.S. District Court Judge Jed Rakoff dismissed claims for treble damages and penalties the federal government brought under the FCA against Bank of America as successor to Countrywide Financial for allegedly selling defective loans to the two government-sponsored enterprises while representing that the mortgages complied with their requirements. The government asserted...
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FHA Requires Documentation of Certain Downpayment Assistance Funds

May 15, 2013
George Brooks
The Federal Housing Administration has streamlined requirements for permissible sources of downpayment funds, which should be a boost to borrowers using government financing.
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Short Takes: Turn the GSEs Into a Cooperative? / Share Price of Fannie Common Getting Frothy / FHA Finally Gets Some Good News / LPS Launches New Product / Fannie Ready for Modifications

May 15, 2013
George Brooks, Paul Muolo, and Charles Wisniowski
Why is the share price of Fannie Mae's junior preferred stock rising so much? Also, send Freddie Mac "back to the future"?
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Mortgage Deduction Maximized on the Coasts, Costs U.S. $72 Billion Annually

May 14, 2013
Thomas Ressler
The mortgage interest deduction is costing the U.S. Treasury roughly $72 billion a year.
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FHFA Called on to Turn Jumbo Market Over to Non-Agency Sector

May 14, 2013
Brandon Ivey
One mortgage expert warns that lowering GSE loan limits one step at a time to $417,000 could leave parts of the residential market underserved.
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Freddie Streamlined Modification Program to Boost MI Sector

May 14, 2013
Paul Muolo
A new modification program from Freddie Mac also will pay mortgage servicers $1,400 per unit for each successful loan restructuring.
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Short Takes: Sen. Franken Tries to Tell Wall Street How to Rate Deals / Impac Rewards Top Executives Nicely / A New Player in Warehouse Lending? / 360 Mortgage Continues to Expand in Wholesale / Two New Subcoms from MISMO

May 14, 2013
Brandon Ivey, Paul Muolo, and Thomas Ressler
If. Sen. Franken has his way, the MBS rating system will change. Meanwhile, top executives at Impac Mortgage clean up.
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‘Appendix Q’ Compliance Key to Maintaining QM Legal Protections

May 13, 2013
Thomas Ressler
As adopted, Appendix Q of the QM rule requires items to be considered and verified for the two prior years, and requires well-documented projections for the following three years.
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BofA, MBIA Settle Reps and Warranties Claims, Positive for MBIA-Wrapped Non-Agency MBS

May 10, 2013
Bank of America and MBIA announced a settlement this week of a long-running dispute regarding representations and warranties on mortgages securitized by Countrywide Financial. The settlement benefits non-agency MBS wrapped by MBIA, according to industry analysts. The settlement applies to all outstanding rep and warrant claims and all other claims between the bank and bond guarantor. BofA agreed to pay MBIA approximately $1.6 billion in cash and remit to MBIA all of the outstanding notes in the firm that BofA acquired in December. BofA also will terminate...
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