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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Ocwen to Lower Tax Rate Via the Virgin Islands

August 10, 2012
Ocwen Financial is set to reduce its effective tax rate by more than half due to the recent formation of a subsidiary corporation in the U.S. Virgin Islands. The federal corporate income tax rate in the U.S. is 35.0 percent and Ocwen had an effective tax rate of 36.0 percent through two quarters in 2012. “We believe [Ocwen’s effective tax rate] will be mid-to-high single digits,” said Bill Erbey, executive chairman of the servicer, during an earnings presentation last week. He said the lower tax rate could take effect...
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CFPB Proceeds With HUD Probes of Captive MI Reinsurance, With Private MIs in the Crosshairs

August 9, 2012
The private mortgage insurance industry is now officially under the microscope of the Consumer Financial Protection Bureau over its captive mortgage reinsurance premium ceding practices for possible violations of key federal statutes, including the Real Estate Settlement Procedures Act. The CFPB is carrying forward a number of investigations it inherited from the Department of Housing and Urban Development after passage of the Dodd-Frank Act. Critics contend that captive reinsurance programs violate RESPA’s prohibition by collecting insurance premiums without providing any real service or value to the transaction. Civil investigative demands, or CIDs, sent to several private MIs “mean...[Includes one data chart]
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OCC, Fed Take Steps to Improve Homeowner Response to Independent Foreclosure Review, Deadline Extended Again

August 9, 2012
The Office of the Comptroller of the Currency and the Federal Reserve are implementing third-party recommendations to improve borrower outreach and provide more opportunity for borrowers to request an independent foreclosure review (IFR), and giving consumers more time to ask for a review. Borrowers can request a review if they believe they have suffered financial injury from improper foreclosure actions in 2009 and 2010. The IFR process is being conducted by 14 mortgage servicers that are subject to the consent orders issued by the OCC and the Fed in April 2011. The orders required servicers to take steps to establish strong and comprehensive standards for mortgage servicing and foreclosure processing and to carry out...
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HAMP Activity Down Significantly in Second Quarter, Servicers Seen as Too Stringent

August 9, 2012
Home Affordable Modification activity in the second quarter of 2012 was well below HAMP activity in the second quarter of 2011, according to an Inside Mortgage Finance analysis of reports from the Special Inspector General for the Troubled Asset Relief Program and Treasury Department. The number of permanent HAMP mods outstanding hit 818,803 at the end of the second quarter of 2012, an increase of 24,055 compared with the previous quarter. But activity in the second quarter of 2012 was down 65.7 percent compared with activity a year ago. HAMP activity spiked in the second quarter of 2011 and has declined each quarter since. A recent audit completed by the SIGTARP suggested that activity has been limited...
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Industry Participants Agree on the Need for Appraisal Reform, Differ on Whom to Blame

August 9, 2012
Mortgage lenders and appraisers widely agree that the appraisal process needs to be improved, as the industry faces a fresh wave of new federal regulations. During a conference sponsored this week by the Collateral Risk Network and the American Enterprise Institute, John Brenan, director of appraisal issues at The Appraisal Foundation, suggested that lenders have stymied appraiser efforts to change the process. “You can’t ignore the fact that the banking lobby is one of the strongest in the country,” he said. Penny Reed, a vice president of strategic partner management at Wells Fargo Home Mortgage, acknowledged...
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CFPB Defends Size of Disclosure Proposal

August 6, 2012
The Consumer Financial Protection Bureau has been feeling the heat over the size of its proposed rule to streamline and integrate the disclosures consumers get when taking out a home loan, so agency officials engaged in a little bit of push-back last week in an effort to fend off the criticism. The push-back started early in the week during a hearing of the House Small Business Committee, during which Rep. Scott Tipton, R-CO, took issue with the rulemaking’s size that exceeded 1,000 pages in draft form, a fraction of which is new...
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CFPB Takes on Mortgage Assistance Firm

August 6, 2012
The Consumer Financial Protection Bureau initiated its first enforcement action last month, filing a sealed complaint in federal court in California against an attorney and affiliated partners and companies that offered loan modification and foreclosure relief services to struggling homeowners. The bureau’s complaint alleges that defendant Chance Edward Gordon, some of his colleagues and related companies in the Los Angeles area, deceived consumers with false promises of obtaining loan modifications in exchange for...
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Avoid Unintended Consequences With MLO Rule, Industry Says

August 6, 2012
A handful of mortgage lending industry trade groups have written the Consumer Financial Protection Bureau with several recommendations to help the bureau avoid unintended consequences in its upcoming rulemaking on mortgage‐loan originator compensation, as per the Dodd-Frank Wall Street Reform and Consumer Protection Act. To begin with, the American Bankers Association, the American Financial Services Association, the Consumer Mortgage Coalition and the Independent Community Bankers of America encouraged the CFPB to...
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Lending Groups Split on CFPB Rule on Nonbank Supervision

August 6, 2012
The American Bankers Association and the Conference of State Bank Supervisors both told the Consumer Financial Protection Bureau they support the CFPB’s proposed rule on nonbank supervision, albeit from different perspectives. The ABA “supports the proposed procedures that will subject to the bureau’s supervisory authority even the smallest competitors who choose not to follow existing laws and regulations and are engaged in conduct that poses risk to consumers,” the group said. Moreover, the ABA said, it believes that the...
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Compliance Management Systems Critical to Success With CFPB

August 6, 2012
For nonbank mortgage lenders, a good compliance management system may well be the difference between success and failure when it comes to dealing with the new sheriff in town, the Consumer Financial Protection Bureau, two key presenters told attendees of a webinar sponsored last week by Inside Mortgage Finance, an affiliated publication. Allison Brown, the program manager for mortgage supervision within the office of nonbank supervision at the CFPB, put it this way: A good compliance management system is “really all...
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