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Inside the CFPB
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OCC to Pursue Own Settlement with Servicers?

March 28, 2011
Dissent threatens to split a coalition of federal agencies and 50 state attorneys general over a proposed settlement with major mortgage servicers over improper and abusive servicing practices. As federal agencies and state regulators prepare to meet with mortgage servicers for the first time next week, their unity appeared to fray ...
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Lenders Urged to Revisit Captive Re Pacts to Ensure Compliance

March 28, 2011
Mortgage lenders that are still using captive reinsurance should give this business tool a second look in the wake of a tentative $34 million class-action settlement between Bank of America’s Countrywide unit and Pennsylvania borrowers. The U.S. Court of Appeals for the Third Circuit gave...
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Quicken Loans Wins, Jury Rejects Plaintiffs’ Claim on Overtime Pay

March 28, 2011
The mortgage industry scored a victory recently after a Michigan jury issued a unanimous verdict for Quicken Loans in an overtime lawsuit that has been pending since May 2004. The jury in Henry v. Quicken Loans vindicated the lender after finding that the company had fully complied...
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Regulators May Grant Lenders Flexibility in Credit-Risk Retention

March 28, 2011
Mortgage lenders may be given a free hand in structuring their retained risk, although how they should do it remains unclear. Regulators are reportedly close to giving lenders more elbow room on risk retention, which may come up for discussion next week when the Federal Deposit Insurance Corp.’s board of directors holds...
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Broker Group Asks Congress to Look into Fed’s Hiring Practices

March 28, 2011
With the implementation of the loan originator compensation rule just around the corner, mortgage brokers are putting more pressure on the Federal Reserve to delay the rule. The latest industry move is a letter sent by the National Association of Independent Housing Professionals to...
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State Roundup

March 28, 2011
Virginia. The state assembly passed legislation on March 15 expanding the acceptance of electronic signatures in the state. The new law provides that financial disclosure forms, lobbyist registration statements and notary applications for recommission may be signed...
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Federal Roundup

March 28, 2011
Bureau of Consumer Financial ProtectionTaking Consumer Complaints. The BCFP’s implementation team is seeking comment on receiving and processing consumer complaints, which is one the fledgling agency’s functions when it goes fully operational as scheduled on July 21. The implementation team, which is...
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Brokers Sue to Stop LO Compensation Rule

March 14, 2011
Similar lawsuits seeking to stop the implementation and enforcement of the Federal Reserve’s final rule prohibiting certain payments to mortgage loan originators (MLO) have been filed in federal district court in Washington, DC. In recent filings, the National Association of Mortgage Brokers and the National Association of Independent Housing Professionals sought...
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No Agreement So Far on Settlement Amount

March 14, 2011
Discussion over the size of civil fines to be imposed on mortgage servicers continues in the wake of a draft term sheet of the settlement agreement proposed by state attorneys general that was floated last week. A spokesman for Iowa Attorney General Tom Miller said...
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Varying Pay Schemes Could Expose MLOs to Illegal Steering Charges

March 14, 2011
Having different compensation formulas with different wholesale lenders could expose an honest mortgage broker to charges of illegal steering under the Federal Reserve’s loan originator compensation rule taking effect April 1. The California Association of Mortgage Professionals warned...
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