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Inside the CFPB
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Court Decision Affecting CFPB’s Cordray Could Spell Trouble

February 1, 2013
Paul Muolo
Mortgage lenders are still trying to figure out how much regulatory uncertainty they are facing thanks to Friday’s court decision that appears to invalidate the appointment of Richard Cordray to head the Consumer Financial Protection Bureau.
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ATR Rule Impacts All Phases of Mortgage Process

February 1, 2013
The new ability-to-repay (ATR) rule and the “qualified mortgage” definition will result in more predictable, less costly servicing for prime QMs and increased complexity for subprime and non-QMs, according to an analysis by Deloitte Touche. The ATR rule defines an ability-to-repay standard for mortgages, including eight borrower characteristics to be considered in the lending decision. It also creates a QM definition that clarifies compliance with the ATR standard for loans with certain features and ...
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CFPB Servicing Rules May Not be All-Encompassing

February 1, 2013
Final rules establishing national mortgage servicing standards may reduce the incentives for states to adopt their own varied, unique versions, thus reducing the patchwork of state mortgage servicing laws. At the same time, however, the final rules are a floor and states – and the government-sponsored enterprises – may adopt more stringent consumer protections, cautioned attorneys with SNR Denton. An analysis by the Washington, DC, law firm said the final rule issued by the Consumer Financial Protection Bureau ...
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HUD Warns About Loan Officers Sitting in on HECM Counseling

February 1, 2013
George Brooks
HUD is investigating reports that a loan officer of an approved FHA lender had participated in a reverse mortgage borrower’s counseling session, a practice HUD frowns upon.
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Nationstar in First Ever Advance Securitization

February 1, 2013
Paul Muolo and Charles Wisniowski
Nationstar Mortgage priced $300 million of asset-backed term notes, saying the deal marks the first ever “agency servicer advance securitization.
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FHFA Has Yet to Award Large ‘Request for Proposal’

February 1, 2013
Paul Muolo
A large and potentially lucrative RFP issued several months ago by FHFA regarding its strategic plan for taking the GSEs to the next stage in their evolution has yet to be awarded.
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Because of Court Ruling, CFPB Has No Authority Over Nonbanks?

February 1, 2013
Paul Muolo
The recent court ruling which called into question the legitimacy of certain recess appointments – including that of CFPB director Richard Cordray – also means the agency may not have any regulatory oversight over nonbanks.
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Good News for QM Servicers?

February 1, 2013
Paul Muolo
It appears the “ability-to-repay” rule is good news for mortgage servicers.
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Treasury’s Stegman: White House Wants Input from Industry on GSE Plan

February 1, 2013
Brandon Ivey
An Obama administration official stressed that the White House is working to craft a comprehensive plan for housing finance reform but wants input from industry participants.tasked with crafting a plan to reform the government-sponsored enterprises provided a strong response yesterday to criticism of the White House’s lack of progress on GSE reform.
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FHA Chief Galante Warns Against False Advertising

February 1, 2013
George Brooks
FHA chief warns against false advertising.
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