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Inside the CFPB
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RBS Agrees to Settle Illinois’ MBS Claims; PwC Ordered to Pay FDIC; Ambac Loses MBS Fight in NY

July 13, 2018
The Royal Bank of Scotland last week announced a multi-million dollar settlement with the state of Illinois to resolve the bank’s alleged misconduct in its marketing and sale of risky MBS leading up to the 2008 financial crisis.
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Higher-Priced Lending Up by 20.1 Percent in 2017

July 13, 2018
Originations of higher-priced conventional mortgages increased by 20.1 percent on an annual basis to $36.01 billion in 2017, according to a new ranking and analysis by Inside Nonconforming Markets of data from the Home Mortgage Disclosure Act. Higher-priced mortgages are loans that have an annual percentage rate higher than a threshold for the “average prime offer rate” on a comparable mortgage. First-lien mortgages with an APR ... [Includes two data charts]
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MBA Pushes CFPB for Non-Agency Help

July 13, 2018
In a recent comment letter submitted to the Consumer Financial Protection Bureau, the Mortgage Bankers Association argued for changes to regulations in an effort to boost originations of non-agency mortgages. The trade group cited problems with Appendix Q of the ability-to-repay rule and called for the government-sponsored enterprise “patch” for qualified mortgages to be extended to jumbo mortgages. Appendix Q sets QM standards for non-agency mortgages that aren’t eligible for sale to the GSEs or government-insured
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Reg Relief to Cause a Cascade of Looser Standards?

July 13, 2018
A provision involving community banks and qualified mortgages in recently enacted regulatory relief legislation could prompt community banks and nonbanks to loosen underwriting standards for non-agency mortgages, according to Moody’s Investors Service. Banks with less than $10.0 billion in assets can receive QM treatment for certain loans that would otherwise be non-QMs if the banks hold the mortgages in portfolio acording to the Economic Growth, Regulatory Relief and ...
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News Briefs

July 13, 2018
Borrower complaints about nontraditional mortgage products from nonbanks in California decreased in 2017, according to the state’s Department of Business Oversight. The California DBO said nonbank lenders and servicers received 12,963 complaints about nontraditional mortgages, down 11.1 percent from 2016. However, officials at the DBO cautioned against making comparisons between data for 2016 and 2017 because the number of ... [Includes two briefs]
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Supreme Court Takes Case on Non-Judicial Foreclosures

July 12, 2018
Brandon Ivey
Some courts have determined that because non-judicial foreclosures don’t technically obligate borrowers “to pay money,” protections from the FDCPA aren’t available.
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Financial Services Industry Wants ‘Binding’ Guidance from the CFPB

July 12, 2018
Yemeng Yang
The American Bankers Association argues the CFPB should acknowledge the bureau is bound by the guidance it issues…
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Short Takes: FHA in a Hiring Mode / CAIVRS, Old as Dirt? / Likening the GSEs to ‘The Blob’ And His Son / Level One Ponies up to the Mortgage Bar / MSR Auction from The Prestwick Group

July 12, 2018
Paul Muolo
One slide in the GSE presentation is entitled, “The Blob and the Return of the Blob,” a reference to the horror movie classics of the late 1950s…
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Fair Lending, Housing Advocates Slam DOJ Repeal of Guidance on Mortgage Shopping, Predatory Lending

July 12, 2018
The Department of Justice abolished the concept of regulation-by-guidance with last week’s repeal of 24 guidance documents issued by a variety of government agencies, including those that provide information regarding predatory lending, consumer mortgage shopping and discrimination.
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Fairness in Mortgage Servicing Might Become a Hot Spot of Litigation, Compliance Experts Warn

July 12, 2018
Fair lending in the mortgage servicing context has become an area of regulatory interest especially when dealing with disabled borrowers and those with limited English proficiency, compliance professionals said at the recent American Bankers Association’s regulatory compliance conference in Nashville.
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