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Inside the CFPB
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Contracting Processes Could Use Better Internal Controls, OIG Finds

April 8, 2013
The CFPB’s contract solicitation and selection processes are generally in compliance with federal regulation, but the bureau could do more to shore up internal controls, according to the results of an evaluation by the Federal Reserve Board Office of Inspector General.“We found that the CFPB’s processes and practices were compliant with particular Federal Acquisition Regulation requirements, such as performing acquisition planning and market research, providing opportunities for companies to compete for CFPB contracts, and...
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Auto Dealers Take Issue With CFPB Guidance on Auto Lending

April 8, 2013
Two major auto dealer trade groups have some serious objections to the guidance the CFPB put out last month on auto lending, particularly taking issue with whether the CFPB’s position on dealer rate participation is going to make much difference in helping car buyers. The National Automobile Dealers Association and the National Association of Minority Automobile Dealers said the guidance issued by the bureau attempts to force auto finance sources into changing the way they compensate dealers without any indication that...
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Worth Noting

April 8, 2013
The CFPB is going to release its first substantive guides to the mortgage rulemakings it issued earlier this year, according to the text of an email that the bureau sent to industry groups last week but otherwise did not announced publicly. The National Association of Independent Housing Professionals is shopping around on Capitol Hill some new appraisal rules that would include the establishment of a hotline with the CFPB. The National Association of Federal Credit Unions made a fresh appeal to Senate leadership for relief from...
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Around Town/Looking Ahead/Also On Our Radar

April 8, 2013
New Treasury Secretary Jack Lew chaired the regularly scheduled meeting of the Financial Stability Oversight Council, of which the CFPB is a member, in a closed session at Treasury last week. The CFPB, which is using the disparate-impact standard as the basis of its actions, is assigning a fair lending staffer to every supervision exam; conducting fair lending investigations; and striking alliances with the Department of Justice, as well as the Department of Housing and Urban Development and other regulators, we’ve been told...
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CFPB Cracks Down on Dormant Captive Re Practice

April 5, 2013
Thomas Ressler
The Consumer Financial Protection Bureau announced enforcement actions on Wednesday against four private mortgage insurers left standing after the financial market collapse, putting the squeeze on the industry’s use of captive reinsurance arrangements, which ceased when the financial markets collapsed, and fining the four companies relatively small, token amounts.
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News Briefs

April 5, 2013
Bank of America agreed to a $165.0 million settlement with the National Credit Union Administration this week regarding non-agency mortgage-backed securities purchased by credit unions that subsequently failed. BofA did not admit fault as part of the settlement. The NCUA has received more than $335.0 million in non-agency MBS settlements with five firms and has similar lawsuits pending against nine other firms. The Conference of State Bank Supervisors ... [Includes three briefs]
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Administration Calls for More Purchase Loans

April 5, 2013
Reaction to a report about Obama administration efforts to get banks to increase their purchase mortgage lending, particularly through the FHA, has ranged from supportive to dire warnings of déjà vu. Apparently, administration officials are trying to push banks to make more loans to qualified lower-income borrowers as well as minority and first-time homebuyers who have been shut out of the mortgage market because of stringent credit overlays. The report, which ran in the April 2 Washington Post, described the targeted borrowers as “people with weaker credit,” which, for some, conjures up the ...
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FHA Proposes to Shift DE Reviews to Post-Closing

April 5, 2013
The FHA is seeking comment on a proposal to change the period for reviewing loans for direct endorsement from pre- to post-closing in order to increase the number of acceptable loans and, therefore, reduce any potential risk to the Mutual Mortgage Insurance Fund. Under the proposal, a lender applying for unconditional direct endorsement authority would be required to submit the necessary loan files only after closing. After determining that the mortgage is acceptable and meets all FHA requirements, the agency would notify the lender that the loan has been endorsed. Current regulations provide for ...
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Rush Boosts FHA Purchase Loan Applications

April 5, 2013
Borrowers rushing to get their purchase-mortgage applications submitted before FHA’s higher annual mortgage insurance premiums took hold April 1 helped boost total purchase applications last week, according to the latest data from the Mortgage Bankers Association. The MBA’s weekly mortgage applications survey for the week ending March 29 showed a surge in purchase applications for government loans. The surge, fueled mostly by FHA applicants, helped boost the total number of purchase applications received by lenders during the period. “Total purchase applications increased last week, due to an almost ...
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No FHA Loan for Borrower with Unpaid Tax Debt

April 5, 2013
With the deadline for filing individual income tax returns just around the corner, the FHA has reminded lenders of its rules regarding the eligibility of a borrower who has a delinquent federal tax debt or lien. According to the FHA, an individual with an overdue federal tax debt or tax lien is not eligible for an FHA-insured mortgage loan until the delinquent account is either brought current, fully paid or is resolved by a satisfactory repayment plan agreed to by the borrower and the federal agency owed. Tax liens may remain unpaid as long as the lien holders subordinate the tax lien to the ...
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