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Inside the CFPB
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Industry Again Urges Pivot from Regulation by Enforcement

December 4, 2017
As the CFPB prepares to move forward with a new strategic plan – which may well be revised, now that Mick Mulvaney is in charge – the mortgage industry again called on the bureau to move beyond “regulation by enforcement.” Instead, it should provide more of the detailed guidance lenders and servicers and other participants need to fully comply with the agency’s rules and regulations and best serve consumers, top industry representatives said. In a recent comment letter to the bureau, the Mortgage Bankers Association noted that the CFPB is at an inflection point in 2017. Now it can “pivot and focus its resources on providing supervision and binding, authoritative guidance that helps responsible parties, including those in the mortgage industry, comply ...
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CFPB, VA Warn Military Personnel About Deceptive Refi Offers

December 4, 2017
The CFPB and VA recently issued their first WARNO, or “warning order,” to members of the U.S. armed forces and veterans with VA home loans, urging them to stay on their toes and avoid deceptive mortgage refinance offers. “If you have a VA home loan, then there is a good chance that you have already come into contact with unsolicited offers to refinance your mortgage that appear official and may sound too good to be true,” the two agencies said. Many of these solicitations promise extremely low interest rates, thousands of dollars in cash back, the ability to skip mortgage payments, and no out-of-pocket costs or waiting period. “Don’t be fooled,” the CFPB and VA said. “Before responding to any ...
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Sen. Warren Questions Mulvaney About Double Duty at CFPB, OMB

December 4, 2017
Sen. Elizabeth Warren, D-MA, wrote to Don McGahn, White House counsel, and CFPB Acting Director Mick Mulvaney, in his capacity as director of the Office of Management and Budget, last week for answers to questions she has about Mulvaney and other OMB personnel simultaneously serving at the consumer bureau. First, she wanted to know what staff from OMB or elsewhere in the Executive Office of the President (EOP) have accompanied Mulvaney to the CFPB. She requested a complete list of all such staff, their title at OMB or in the EOP, and their title at the CFPB. Warren also sought the authority under which these individuals are working at CFPB. “Have these individuals been appointed to CFPB, or detailed to ...
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Other News in Brief/Republican Senators Threaten to Undo CFPB Rules Under English

December 4, 2017
Republican Senators Threaten to Undo any CFPB Rules Issued Under an English Regime. Last week, nine senators said they would work to invalidate any new rules promulgated by the bureau if Leandra English prevails in her attempts to unseat and replace the bureau’s acting director, Mick Mulvaney.... Mulvaney Taps Hensarling Aide. Is the Congressman Next? CFPB Acting Director Mick Mulvaney has named House Financial Services Committee Senior Counsel Brian Johnson to serve him as a senior adviser, late-breaking press reports indicated. ...
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New Amendment in GOP Tax Bill Spares Adverse Treatment for Mortgage Servicing Income

December 4, 2017
Brandon Ivey
The MSR-saving amendment fixing the tax language was offered by Sen. Mike Rounds, R-SD...
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As ‘Zero Capital’ Day Approaches, Senate Moves to Create a GSE Bill

December 4, 2017
Paul Muolo
Lobbyists and others tracking the effort told this newsletter that those who’ve been shown the legislative language have taken a non-disclosure vow…
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Short Takes: Atlanta’s Mayor Wants Fannie Chairman Perry to Resign / Arch’s Chief Economist: Housing Relief for Seattle, Looser Credit / LendingHome Hits $2B Mark / Senators Make Threats Regarding English / A Promotion at LoanLogics

December 4, 2017
Carisa Chappell, Paul Muolo, and Thomas Ressler
Nine senators said they would work to invalidate any new rules issued by the CFPB if Leandra English prevails in her attempts to unseat and replace the bureau’s acting director, Mick Mulvaney...
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Yearend May Have Industry, Trump Admin Scrambling for a Solution

December 1, 2017
As the end of the year nears, there’s been talk this week about negotiations underway between the Federal Housing Finance Agency and the Trump administration to address the capital situation at Fannie Mae and Freddie Mac. Although no one is confirming the discussion, a Bloomberg report quoted an anonymous source as saying that FHFA officials want Fannie and Freddie each to keep a capital buffer of $2 billion to $3 billion on their books. In return, the report said, the administration wants to limit the GSEs’ activity in the market by tightening restrictions on the type of loans they buy. In late 2013, former FHFA Acting Director Ed DeMarco proposed implementing a loan size limit on...
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Fannie Board Chair Defends Against ATL Mayor Land Claims

December 1, 2017
Fannie Mae’s board chairman and the mayor of Atlanta are in a heated dispute over roughly 100 acres of vacant land that the city said was supposed to serve the low-income population. In fact, Mayor Kasim Reed is suing Egbert Perry and has asked him to step down from his position as non-executive chairman of Fannie’s board. Perry, co-founder and CEO of the Integral Group, joined the GSE’s board in late 2008, and has been chair since 2014. He says he hasn’t done anything wrong. The argument stems from what the mayor calls a “secret deal” made with Integral in 2011 by Renee Glover, the former president and CEO of the Atlanta Housing Authority, who now serves on Fannie’s board.
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7th Circuit Rules Local Taxes Apply To Investors in GSE Properties

December 1, 2017
The Seventh Circuit Court recently reversed an earlier decision that held buyers purchasing property in Chicago from Fannie Mae were liable for state and local transfer taxes. The case involved real property transfer taxes imposed in 2013 and 2014 on purchasers who argued they were legally exempt from having to pay. The Illinois Department of Finance assessed the buyers for the tax. But since the property was purchased from a federal agency, the buyers believed they were exempt from having to pay. The buyers and Fannie then both sued the City of Chicago and asked the federal court to review the finance department’s decision.
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