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Inside the CFPB
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Few Banks Selling MSRs Due to Regulations

May 25, 2018
While numerous concerns have been raised about how capital requirements impact bank holdings of mortgage servicing rights, few banks are selling MSRs because of capital requirements or regulatory issues, according to an American Bankers Association survey. In 2017, 5.0 percent of banks sold MSRs due to regulatory requirements or capital treatment, up from a 2.0 percent share in 2016. And 12.0 percent of banks said they’re contemplating selling MSRs due to new regulatory ...
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Congress Enacts Significant, Not Sweeping, Changes To Dodd-Frank That Cut Small Banks More Slack

May 24, 2018
The House this week approved the Senate’s regulatory relief legislation, sending the package of targeted changes to the Dodd-Frank Act to the White House. With help from 33 Democrats, the measure cleared the House, 258-159, on Tuesday.
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Reg Relief Passes Congress, Revising Dodd-Frank Act Provisions; Republicans Plan Additional Legislation

May 23, 2018
Yemeng Yang
House Republicans, who previously said the Senate bill didn’t go far enough, said they will have a separate reg relief package to be considered by the Senate.
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House Set to Pass Reg Relief Bill With Changes to QM Standards

May 22, 2018
Yemeng Yang
The House decided to take a vote on the current Senate bill with no amendments and the Senate is expected to consider a separate deregulation package from the House.
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Treasury Official Sees Major Impact from Single Security

May 21, 2018
John Bancroft
A key Treasury Department official suggested that issuers of non-agency MBS may someday participate in the common securitization platform being developed by Fannie Mae and Freddie Mac.
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Short Takes: The Senate Could Vote on Brian Montgomery Soon / House to Take up the Reg Relief Bill / Foreclosure Timelines Extended For Disaster-Area Homes / What’s Next for the CFPB Payday Lending Rule

May 21, 2018
Yemeng Yang
Senate Majority Leader Mitch McConnell, R-KY, announced to take a vote on the nominee for FHA commissioner, Brian Montgomery. Given the other nominations already in the Senate floor queue, the vote is expected to occur sometime in June…
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HUD Asks Stakeholders to Weigh Disparate-Impact Regulation

May 18, 2018
A recent announcement by the Department of Housing and Urban Development to seek public comment on its 2013 disparate-impact rule is an opportunity for both HUD and the industry to clarify the liability issues it raises, said compliance experts. On May 10, HUD announced it would formally seek public input on whether the disparate-impact regulation is in tune with the Supreme Court of the United States’ 2015 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. The HUD rule affirmed the use of disparate impact to establish liability for violations of the Fair Housing Act. It lays out a three-step approach to determining FHAct liability. The first step requires the plaintiff to demonstrate that a practice or a policy has a discriminatory effect on a protected class of persons. According to the rule, liability may be established even if the ...
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FHA Extends Foreclosure Timelines For HECM-Backed Disaster Homes

May 18, 2018
FHA extended foreclosure timelines for properties with a Home Equity Conversion Mortgage loan in hurricane-stricken areas in Puerto Rico and the U.S. Virgin Islands. The 90-day extension aims to prevent further losses to the Mutual Mortgage Insurance Fund. The foreclosure timelines were extended through Aug. 16, 2018, for HECM-backed properties located in areas ravaged by Hurricane Maria. Specifically, the extension applies to 78 affected municipalities in Puerto Rico, as well as HECM-backed properties on the islands of St. Croix, St. John and St. Thomas. In a report to Congress last year, Ginnie Mae reported that, as of Sept. 30, 2017, its aggregate hurricane exposure to its mortgage-backed securities portfolio was approximately $166.9 billion from Hurricanes Harvey, Irma and Maria. Ginnie’s exposure specific to Hurricane Maria totaled $13.7 billion, which is 1.24 percent of all ...
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California Loses Market Share for Jumbos in 2017

May 18, 2018
California continues to account for the largest share of non-agency jumbo originations but it lost some market share in 2017, according to an Inside Nonconforming Markets analysis of data from the Home Mortgage Disclosure Act. Some $317.29 billion of jumbos were originated in 2017, down 9.7 percent from the previous year. The analysis is based on originations of first-lien, single-family mortgages, with loan-limits determined at the county level. Originations of ... [Includes one data chart]
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News Briefs

May 18, 2018
As soon as next week, the House could vote to approve a regulatory relief bill that already passed the Senate. Among numerous other provisions, the Economic Growth, Regulatory Relief, and Consumer Protection Act would grant qualified mortgage status to certain loans held in portfolio by smaller banks even if the mortgages would otherwise be non-QMs. Mick Mulvaney, acting director of the Consumer Financial Protection Bureau, also said ... [Includes four briefs]
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