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Inside the CFPB
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PHH Still Waiting to Hear from the CFPB on RESPA Case

March 19, 2018
PHH Corp., which is slated to be bought by Ocwen Financial, is waiting to see if it still has any legal liability from a Real Estate Settlement Procedures Act enforcement matter brought by the CFPB, according to a recent 10-K filing. In January 2018, the en banc court of the United States Court of Appeals for the District of Columbia Circuit reinstated an October 2016 panel decision as it related to RESPA issues, which included vacating the CFPB’s order imposing $109 million of disgorgement ...
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Mortgage Lenders Urge CFPB to Reform CID Process

March 19, 2018
The CFPB’s civil investigative demands seem to be particularly burdensome to small mortgage lenders, as painful experiences were shared via comments responding to the agency’s request for information. The bureau issued a RFI on CIDs in January, a vehicle for the agency to obtain information from people and institutions relevant to an investigation. One mortgage lender that has received one CID said its experience dealing with CIDs is “frustrating, unduly burdensome and particularly disruptive to its…
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CFPB Solicits Feedback on Rulemaking and Adopted Regs

March 19, 2018
The CFPB issued two more requests for information – one on rulemaking processes, another covering adopted regulations and new rulemaking authorities – as a part of Acting Director Mick Mulvaney’s “call for evidence.” The bureau first solicited feedback on its rulemaking processes, including initial outreach and information gathering, notices of proposed rulemaking and final rules.For initial outreach and information gathering, the CFPB asked for comments on methods to gather ...
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Other News in Brief: Former Top CFPB Attorney

March 19, 2018
Promontory MortgagePath Snags Former Top CFPB Attorney to Head Compliance Department. Promontory MortgagePath on Tuesday named former federal regulator Colgate Selden chief compliance officer. Selden comes to the vendor from the Alston & Bird law firm, but before that was senior counsel in the office of regulations at the Consumer Financial Protection Bureau ... [Include one brief]
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The Next Steps If Housing-Finance Reform Legislation Doesn’t Happen

March 16, 2018
Carisa Chappell
The Urban Institute believes Fannie and Freddie could be wound down within five years and be replaced by new entities with no government backstop…
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Citadel Pulls the Plug on its First Non-QM MBS, Sees Strong Growth Ahead

March 16, 2018
Paul Muolo
Nomura was serving as the lender’s investment banker on the deal…
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Short Takes: Throwing Cold Water on VantageScore / Weaker Profit Margins, Never a Good Thing / Impac Thinking About Deals? / One is the Loneliest Number / Fannie Mae Looks to Sell More Real Estate

March 16, 2018
Carisa Chappell and Paul Muolo
After reporting a $44.9 million loss for the fourth quarter, Impac’s share price fell to a new 52-week low...
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Investors See Mixed Results After Pushing MBS and ABS Issuers to Increase Disclosures; SEC Action Still Pending

March 16, 2018
Efforts to enhance disclosures on MBS and ABS in recent years have generated mixed results, according to industry participants. Inadequate disclosures helped contribute to the financial crisis, according to investors that suffered significant losses on MBS and ABS.
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Bankruptcy Court Sides with Lehman on Valuation of Trustees’ Legacy MBS Claims

March 16, 2018
A New York bankruptcy judge has ordered the bankruptcy estate of Lehman Brothers Holdings to pay $2.38 billion to cover legacy residential MBS claims filed by trustees in 2008.
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Industry Awaits Rep. Hensarling’s GSE Reform Plan (Amid Yawns)

March 16, 2018
Paul Muolo
Hensarling is chairman of the House Financial Services Committee, which means any Fannie Mae/Freddie Mac reform bill must first go through his panel, whether he’s the author or not.
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