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Inside the CFPB
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HUD Secretary Carson Sets Up ‘Order of Succession’ at Ginnie Mae. First Up: Michael Bright

January 17, 2018
Paul Muolo
The Trump White House was slated to nominate mortgage banker David Kittle to head the agency but back in November he grew tired of waiting and withdrew his name from consideration.
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Oh Carol! Former FHA Chief’s Plan to Restructure the Government MI Garners Mixed Reviews

January 17, 2018
George Brooks
Galante is a former FHA commissioner who presently serves as faculty director of the Terner Center for Housing Innovation at the University of California Berkeley. She also sits on the board of Ocwen Financial.
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Short Takes: Freddie Mac, an Actual Lender? / GSEs Working to Revise MI Rescission Relief Policies / The Last Time I Saw Richard / MIAC Selling $71MM of RPLs / Movement Hires Chief Credit Officer

January 17, 2018
Paul Muolo and Thomas Ressler
Fannie Mae and Freddie Mac are working with the nation’s mortgage insurance firms to revise rescission relief principles...
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Short Takes: GSE Reform, Yes. Passage? No / Galton’s Return to Nonprime / Citi’s Incredibly Shrinking MSR Portfolio / Legislative Reg Relief On the Way? / English Wants Expedited Review in CFPB Appeal

January 16, 2018
Brandon Ivey, Paul Muolo, and Thomas Ressler
GSE reform may emerge from the Senate Banking Committee, but as for final passage...
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Angel Oak Sees Demand from Investors for Non-Qualified Mortgages, Raises $291 Million for Private Credit Fund

January 12, 2018
Angel Oak Capital Advisors saw stronger than expected demand from investors for a fund that focuses on non-qualified mortgages. AOCA announced last week that the private fund closed to new investors after raising $291 million, exceeding the initial goal of $250 million.
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HMDA Requirements a Top Bank Compliance Concern

January 12, 2018
Thomas Ressler
Banks are increasingly worried about staying compliant with all the recent regulations they’re contending with – and the Home Mortgage Disclosure Act is at the top of the list.
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VA, Ginnie Mae Working on Long- Term Cures to Rapid Refinancing

January 12, 2018
Ginnie Mae and the Department of Veterans Affairs have announced additional measures to curb serial refinancing of VA loans. Testifying before a House Veterans Affairs subcommittee this week, officials from both agencies said the latest measures will complement guidelines Ginnie issued last year to deal with the loan-churning problem. Lenders urged Congress and the two agencies to be cautious in prescribing fixes that could potentially cut off VA funding. Jeffrey London, director of the VA Loan Guaranty Service, said a proposed rule that includes a net tangible benefits test for veterans as well as seasoning and recoupment requirements will be issued soon. The VA is also planning to require upfront lender disclosure of the terms and benefits of a streamline or cash-out refi, including the recoupment period of the new transaction. Even though serial refinancing is not systemic to the VA portfolio, it has grown in ...
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VA Clarifies Rules for Allowing Use Of Third-Party Verification Services

January 12, 2018
VA lenders may use third-party vendors to verify borrower income, employment and asset information subject to certain conditions, according to the Department of Veterans Affairs. Officials issued the clarification in response to lender inquiries regarding the use of third parties to determine if a borrower qualifies for a VA loan. The agency said it would accept third-party verifications if lenders are fully responsible for verifying the accuracy of information the borrower provided in the loan application. Lenders must initiate and receive all verifications of employment and deposits, requests for credit reports, and credit information. When a real estate broker/agent or any other party requests information regarding borrower income, employment or personal assets, the lender must identify the requester as its agent and ensure that any report is returned directly to them. In addition, the lender must disclose the ...
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VA Clarifies Buyout Criteria for Uninsured, Unguaranteed Loans

January 12, 2018
Ginnie Mae is redefining the term “defective mortgage” to remind issuers of their obligations when confronted by a mortgage that does not have federal insurance or guarantee. The action also clarifies options issuers may consider in dealing with defective mortgages. Under their guarantee agreement with Ginnie, issuers are required to cure, buy out or replace single-family mortgages or manufactured home loans that are missing the requisite FHA insurance or VA or U.S. Department of Agriculture guarantee within 120 days after the issue date of the mortgage-backed securities. Ginnie made clear that mortgages that do not have federal insurance or guarantee by the deadline for final certification of the related pool or loan package are defective. In addition, mortgages that have been rejected by FHA, VA or USDA, or for which federal insurance or guarantee have been withdrawn, are defective as ...
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Florida District Court Allows U.S. to Intervene in FHA FCA Suit v. BofA

January 12, 2018
A federal district court in Florida has agreed to a government motion to intervene in a False Claims Act lawsuit against Bank of America in order to reach a settlement on behalf of a relator. Bruce Jacobs, a foreclosure attorney and relator in South Florida, filed the lawsuit. A former Miami prosecutor, he now represents homeowners in foreclosure proceedings initiated by financial institutions, including BofA. In his lawsuit, Jacobs alleged that BofA submitted false claims in violation of the FCA. Specifically, the bank allegedly submitted endorsements with unauthorized signatures and false mortgage assignments that would confer standing to foreclose. In addition, Jacobs additionally asserted a reverse FCA claim alleging that BofA made false statements when entering into the 2012 National Mortgage Settlement (NMS) consent judgment with the U.S. government. The landmark $25 billion settlement with ...
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