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Inside the CFPB
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S&P’s Parent Company Downgraded by Moody’s and Fitch Due to DOJ Lawsuit

February 22, 2013
Moody’s Investors Service and Fitch Ratings have downgraded the senior unsecured and issuer default ratings of The McGraw-Hill Companies, parent of Standard & Poor’s, to below A-level ratings with a negative outlook. The downgrades are largely due to the Department of Justice’s recent lawsuit regarding ratings of collateralized-debt obligations and rating models for non-agency MBS. “The Baa2 rating balances the company’s history of prevailing in its legal defenses against the potentially substantial negative credit effects that could result from adverse litigation or settlement outcomes,” Moody’s said after downgrading McGraw-Hill’s senior unsecured rating from A3 late last week. “In addition, the management focus and direct costs involved in defending litigation may be a persistent drag on the company’s operations over the intermediate term.” Moody’s said...
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Prices for Jumbo Whole Loans Are Starting to Look Pricey, But It Likely Won’t Affect MBS Plans Much

February 22, 2013
Sellers of jumbo whole loans into the secondary market are getting prices of up to 103 – and in some cases more – which on paper might throw a monkey wrench into the economics of trying to create a new MBS, but it’s not turning out that way. According to loan traders and industry consultants, MBS spreads to Treasuries have tightened over the past several weeks, making the economics of issuing a security better, even though the price for the underlying product might look a bit rich for potential issuers. “The cost of funds are going down,” said one trader. According to Craig Cole, a principal in Emerald Consulting LLC, the price paid...
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Mortgage Lawsuits Expected for Wall Street Banks Seen By Some in Congress as ‘Too Big to Jail’

February 22, 2013
The Department of Justice and the Securities and Exchange Commission are likely to pursue more mortgage-related lawsuits due to pressure from Congress, according to former federal attorneys. “The fact that the attorney general now speaks of financial fraud enforcement as one of the top three priorities of the Department of Justice, just after terrorism and keeping people safe in their communities, trickles down to the lowest levels of the department and elsewhere in terms of the dedication of resources, the coordination, the training, the case referrals,” said Andrew Schilling, a partner at the law firm of BuckleySandler and a former chief of the civil division of the U.S. Attorney’s Office for the Southern District of New York. The latest pressure came...
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Dodd-Frank Act Implementation, CFPB Oversight and FHA Primary Focus of Senate and House Committees

February 21, 2013
Look for the Senate Banking, Housing and Urban Affairs Committee under a Democrat majority to focus over the next two years on assuring a smooth implementation of the Dodd-Frank Act, stabilizing the housing market and building a “bipartisan consensus” on housing finance reform, according to the committee’s chairman. “From protecting consumers and taxpayers from Wall Street abuses, to providing the Federal Housing Administration with additional tools to manage its finances while continuing to serve American families, I believe we can find common ground,” said Sen. Tim Johnson, D-SD, chairman. The committee will continue...
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As Washington Grapples with Spending, CFPB May Face Challenges Transitioning into More Mature Role

February 21, 2013
The Consumer Financial Protection Bureau may run into budget pressures as it transitions from its start-up and rulemaking period to supervision and enforcement, all while policymakers struggle with spending restraints and Congressional Republicans continue to sharpen their CFPB axes in light of the Noel Canning v. National Labor Relations Board ruling, according to an industry consultant. If the bureau does need more funding, it might find its influence unexpectedly limited. The D.C. Circuit Court of Appeals’ Jan. 25 decision in Canning raises...
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CFPB Projects 26 Percent Staffing Increase This Year

February 21, 2013
Thomas Ressler
The CFPB continues to increase its staff levels by significant numbers with hiring jumping by 26 percent this year.
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Servicers Progressing on ‘Robo’ Relief, But Complaints Continue

February 21, 2013
Brandon Ivey
The five servicers participating in the $25.0 billion national “robo-signing” settlement are well on their way toward meeting their obligations.
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AMC Joint Venture Controlled by Fidelity, Ocwen Shutting Down

February 20, 2013
Paul Muolo
PowerLink Settlement, a service provider and appraisal management joint venture controlled by Fidelity National Financial and Homeward Residential, is shutting its doors.
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Short Takes: HSBC Planning the ‘Mother’ of All NPL Auctions? / Robo-Monitor A Bit Tardy On Its Report / Carrington Ramps Up Hiring Big Time / Apps Sink / Angry Law Firm Sues CFPB

February 20, 2013
Paul Muolo, Thomas Ressler, and Brandon Ivey
HSBC is planning a large nonperforming mortgage auction that could happen early in the second quarter.
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Upcoming Report Key to a GSE Reform Comeback?

February 20, 2013
Charles Wisniowski
GSE reform could see the light of day after all - or at least an attempt at it.
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