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Inside the CFPB
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FDCPA Does Not Apply to Non-Judicial Foreclosures, CFPB Argues

November 26, 2018
Initiating non-judicial foreclosure is not a debt collection activity under the Fair Debt Collection Practices Act, the CFPB argued in a recent court filing in the U.S. Supreme Court. The court decision could have significant impact on the mortgage industry.
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Other News in Brief

November 26, 2018
CFPB advisory committee meets by conference call; the bureau issues a financial report for FY2018 that details employee numbers, funding transfer requests and enforcement actions; and other federal agencies propose a rule to raise the appraisal exemption for rural properties.
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Santander Consumer to Pay $12 Million for Misleading Marketing

November 26, 2018
Santander Consumer USA, a Dallas-based subprime auto lender, agreed to pay nearly $12 million to settle allegations that it misled consumers about its add-on products to auto loans. This is the 10th enforcement action brought by the CFPB under Acting Director Mick Mulvaney.
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State Fintech Sandbox Goes on, Implication to CFPB’s initiatives

November 26, 2018
Arizona Attorney General Mark Brnovich recently announced two new participants in the state’s regulatory sandbox for fintech companies. On the federal level, the CFPB expects to do more to encourage financial innovation.
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Group Renews Call for Supervisory Relief for Smaller IMBs

November 26, 2018
The Community Mortgage Lenders of America has asked the CFPB to exempt smaller independent mortgage bankers from examinations or audits. The CFPB currently has active examinations for IMBs.
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Fed: QM Rule Has Significant Effect On Nonconforming Lending

November 26, 2018
The implementation of the qualified-mortgage standard has reduced the incidence of lending to consumers with high debt-to-income ratios among nonconforming mortgage applications, and significantly increased the cost of credit, according to the Federal Reserve.
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Newly Elected Democrat State AGs Likely to Increase Enforcement

November 26, 2018
Democrats captured a majority of state attorney general seats in elections earlier this month, which will likely increase state-level litigation and multistate enforcement activity, said attorneys.
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Kraninger a Step Closer to Becoming the CFPB Director

November 26, 2018
Senate Majority Leader Mitch McConnell, R-KY, has filed a motion that could bring Kathy Kraninger, the administration’s choice to head the CFPB, up for a vote before the full Senate.
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CFPB Updates Norms for Loan Originator, HOEPA Rules

November 26, 2018
The CFPB updated the small entity compliance guides for two mortgage-related rules to reflect the changes in the exemption for loan originators working for manufactured-home retailers.
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FHFA Trying to Find a Capital Balance That Can Handle Market Cycles, and Observers Say More Work is Needed

November 21, 2018
The proposed capital requirements for Fannie Mae and Freddie Mac aim for risk-based standards that will allow the government-sponsored enterprises – and future competitors – to earn an acceptable return while remaining strong enough to withstand severe economic downturns.
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