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Inside the CFPB
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CitiMortgage Improperly Filed for FHA-HAMP Partial Claims, Says IG

March 23, 2018
Lacking sufficient guidance, CitiMortgage improperly filed for 66 partial claims before completing loan modifications and reinstating the loans, according to the Department of Housing and Urban Development inspector general. The finding arose from an IG audit of CitiMortgage’s processing of partial claims under the FHA-Home Affordable Modification Program. The audit was based on the financial institution’s volume of partial claims among lenders in the St. Louis, MO, metropolitan area. FHA-HAMP is a loss mitigation option, which uses a partial insurance claim, combined or separate from a loan modification, to reinstate a mortgage. Under a partial claim, FHA reimburses a lender’s advance of funds on behalf of the borrower in order to reinstate a delinquent mortgage. The IG said CitiMortgage did not have adequate policies and procedures to ensure the FHA-HAMP partial claims, combined with ...
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VA Bars Certain Lender Payments To Subsidize Borrower Obligations

March 23, 2018
The Department of Veterans Affairs recently clarified policy regarding lender use of credits or interest rates to pay veterans’ costs in VA home loans. Under VA regulations, lenders may charge and a veteran may pay a flat fee not exceeding 1 percent of the loan amount. The VA allows the charge provided it is in lieu of all other charges related to the costs of origination not expressly specified and allowed in the regulations. However, the agency has learned that some lenders are charging veterans interest-rate premiums in exchange for temporarily subsidizing the borrower’s monthly payments. “More precisely, an interest-rate premium is imposed as a charge for a cash advance on a loan principal,” the VA explained. While the agency allows lenders to charge borrowers for allowable costs, which may be made through an interest-rate adjustment, it clearly prohibits charges for impermissible costs, like ...
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New Fannie/Freddie Lawsuits Filed in Federal Claims Court Argue Against Treasury Sweep

March 23, 2018
More Fannie Mae and Freddie Mac shareholders have initiated lawsuits against the government for the Treasury sweep of the mortgage giants’ profits.
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Non-QMs Still a Focus for Impac

March 23, 2018
Impac Mortgage Holdings will continue to focus on originating non-qualified mortgages after a change in leadership at the nonbank. Joseph Tomkinson, the longtime chairman and CEO of Impac, is scheduled to step down in July, with George Mangiaracina taking over as CEO. Mangiaracina has been an executive vice president and managing director at Impac since early 2015. Since then, Impac has boosted its non-QM production while focusing on refinances of conforming mortgages ...
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Some Concerns About Impact of Portfolio QM

March 23, 2018
The Senate last week approved a regulatory relief bill that would grant qualified mortgage status to certain loans held in portfolio by smaller banks even if the mortgages would otherwise be non-QMs. The portfolio QM provision also has support in the House, but it has prompted concerns from some industry analysts. Moody’s Investors Service noted that if the provision becomes law, small banks won’t have to meet certain documentation requirements included in the Consumer ...
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Former CEO of Payday Lender Wants to Run the CFPB

March 22, 2018
Yemeng Yang
Former World Acceptance Corp. CEO Janet Lewis Matricciani wants to apply for the position of CFPB director .
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DC Circuit Court Ruling Narrows FCC’s 2015 Order Restricting Use of Cell Phones to Contact Consumers

March 22, 2018
A Washington, DC, appellate court recently overturned a Federal Communications Commission ruling that restricted the use of “autodialers,” including cell phones, to communicate with consumers.
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House Regulatory Relief Goals Could Stall Bipartisan Package Approved by the Senate

March 22, 2018
The Senate bill to roll back various parts of the Dodd-Frank Act has been stalled in the House, where leading Republicans have asked for additional provisions that would further relax regulations.
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Court Finds Servicers are Subject to California Escrow Rules, More Preemption Battles Likely

March 22, 2018
An appeals court ruling this month against Bank of America regarding compliance with a state law on escrow accounts has broad implications for banks that rely on federal preemption of state laws, according to industry attorneys.
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MBA Pushes CFPB for Guidance Instead of Regulation by Enforcement

March 21, 2018
Yemeng Yang
“On previous occasions when the bureau has issued guidance, its value has been negated by disclaimers making the guidance non-binding on the bureau,” the Mortgage Bankers Association said.
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