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Inside the CFPB
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Worth Noting/Technology Update/Heard Around Town/Looking Ahead

April 22, 2013
McConnell Wants to Make ‘Reasonable’ Reforms to the CFPB. Senate Minority Leader Mitch McConnell, R-KY, told attendees at an American Bankers Association’s government relations event last week that the Dodd‐Frank Act was “a huge mistake,” and that Congress needs to mitigate the law’s harm to the banking industry – especially through the CFPB. “We need to change the structure of [the CFPB] to make it responsible to someone,” he explained. “We’ve said we need a supervisory board to which the director reports. We think the...
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Independent Foreclosure Reviews Come Under Fire

April 19, 2013
Brandon Ivey
Banking regulators acknowledged problems with the foreclosure reviews conducted by the nation's megabanks and have agreed to evaluate the use of independent consultants in regulatory actions.
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Experts: Detailed Quality Control, Net Worth Minimums Critical for GSE Seller Applicants

April 19, 2013
Expect quality control to be the single most critical component at the top of a long list of requirements for prospective lenders seeking to do business with Fannie Mae and Freddie Mac, according to agency officials and experts during an Inside Mortgage Finance webinar this week. The two government-sponsored enterprises are ready, willing and able to do business with new seller/servicer partners, if they are prepared to demonstrate, in a transparent and painstaking way, they are an opportunity to Fannie or Freddie and not a risk, National Union Mortgage President and CEO Bill Cosgrove told webinar attendees. “It’s really all about quality control. Every area of your organization has to be...
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What We’re Hearing: Fannie and Freddie Swamped with Seller/Servicer Apps / Is the G-Fee Hike Coming? / BofA and Fannie About to Make Nice on Purchase Loans? / Title Insurance Business Staging a Comeback / Michael Lau’s New Firm Inks a Deal to Bu

April 19, 2013
Just how healthy is the residential mortgage business these days? Answer: Fannie Mae and Freddie Mac are swamped with seller/servicer applications.
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BofA Agrees to Record Non-Agency Settlement

April 19, 2013
Bank of America agreed this week to pay $500 million to settle lawsuits from investors in non-agency mortgage-backed securities issued by Countrywide Financial in 2005 through 2007. If it receives judicial approval, the settlement on about $15.0 billion in non-agency MBS will be the largest-ever non-agency MBS class-action recovery. “After five years of hard-fought litigation, this record-breaking recovery is a tremendous result for MBS investors misled by Countrywide and ...
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Non-Agency Refi Proposal in Obama’s Budget

April 19, 2013
The Obama administration’s 2014 budget proposal calls for a Home Affordable Refinance Program for non-agency borrowers, although prospects for getting legislation through Congress remain slim. The proposed budget included a small section entitled “finish the task on universal refinancing for responsible homeowners.” The section noted that the Obama administration worked with the government-sponsored enterprises in 2012 to double the number of HARP refinances for GSE borrowers with negative equity ...
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CFPB Proposes Changes to Subprime Escrow Rule

April 19, 2013
The Consumer Financial Protection Bureau this week proposed changes to a final rule issued in January to remove an inadvertent gap in protections for borrowers receiving higher-priced mortgages and tweak the definitions of “rural” and “underserved” areas. The proposed changes relate to a final rule on escrow requirements for higher-priced mortgage loans. Lenders are currently required to establish escrow accounts for certain HPMLs for a minimum of one year. The CFPB’s final rule generally ...
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News Briefs

April 19, 2013
A former managing director and global head of structured credit in the investment banking division of Credit Suisse Group pled guilty last week to a scheme to hide losses on non-agency mortgage-backed securities. Kareem Serageldin faces a maximum sentence of five years in prison and a maximum fine of the greater of $250,000 or twice the gross gain or loss from the offense. The Department of Justice had charged Serageldin with fraudulently inflating the prices of non-agency MBS and ... [Includes four briefs]
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Guidance Clarifies Indemnification Process

April 19, 2013
The Department of Housing and Urban Development this week issued guidance that spells out procedures for demanding indemnification from lenders participating in the agency’s Lenders Insurance (LI) program for loans deemed ineligible for FHA insurance. The guidance (Mortgagee Letter 2013-10) implements regulation that HUD finalized in January 2012. Indemnification for defective LI loans became even more important for the FHA after an independent actuarial audit in November revealed a negative capital reserve ratio and that a taxpayer bailout seemed imminent. Compliance experts warned that, with the policy changes, the more than ...
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HUD Reiterates Plea for Expanded HECM Power

April 19, 2013
Department of Housing and Urban Development Secretary Shaun Donovan this week reiterated his agency’s request for additional legislative authority to regulate the Home Equity Conversion Mortgage program by mortgagee letter so that much-needed changes can be implemented immediately. Rather than go through the tedious legislative process of amending HECM legislation to improve the program and reduce HECM losses, expanding HUD’s authority would enable the department to undertake immediate reforms, such as restricting lump sum payments, requiring financial assessments of HECM applicants and requiring borrowers to ...
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