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Inside the CFPB
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Federal Appeals Court Rules Mortgage Underwriters are Entitled to OT Pay

August 16, 2017
George Brooks
Under this test, an employer must show that the employee is paid at least $455 per week…
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Alternative Credit Scores for GSE Loans will Have to Wait for the Single-Security Project

August 16, 2017
Carisa Chappell
Mel Watt called the credit score explorations one of the “most difficult” evaluations he’s taken on as FHFA director.
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Short Takes: HUD Deputy Nominee Waits on the Senate, Still / Refis Rising? / A Private Placement for Ellington / Ellie Goes After the Big Boys / A Share Price Estimate of Zero

August 16, 2017
Paul Muolo
Mortgage software provider Ellie Mae said in a recent SEC filing that “part” of its business strategy is to target larger mortgage lenders...
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LIBOR is Being Phased Out. A Big Deal or Ho-Hum?

August 15, 2017
Paul Muolo
Fannie Mae and Freddie Mac are well aware of the issue and have leeway to replace LIBOR with another benchmark when the time comes, industry officials said.
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As Financial Crisis Fades, are Mortgage Servicers Poised for a New Era?

August 15, 2017
Thomas Ressler
Servicing costs have risen dramatically this decade, but maybe there’s light at the end of the tunnel…
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Short Takes: What REITs and Fannie & Freddie Have in Common / Replacing One Burden with Another / Who is Western Bancorp? / PHH’s Warehouse Providers / A New Hire for LenderLive

August 15, 2017
Paul Muolo
A higher dividend than what Fannie and Freddie pay?
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Trump DOJ Expected to Enter Ocwen’s Dispute With CFPB

August 14, 2017
Given the Trump administration’s expressed interest in scaling back federal regulation and giving corporate interests greater freedom to conduct their business as they see fit, political and legal observers expect the Department of Justice to respond in the affirmative to a recent judicial invitation to formally opine on Ocwen Financial’s dispute with the CFPB. The nonbank mortgage servicer recently asked Judge Kenneth Marra with the U.S. District Court for the Southern District of Florida to invite the U.S. attorney general to appear and to participate in the company’s challenge to the constitutionality of the bureau.“There are at least two clear reasons to invite the attorney general to participate here,” said the company. “First, inviting the views of the attorney ...
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Its Investigation Now Complete, CFPB Tells Zillow: Settle or Else

August 14, 2017
The CFPB has told Zillow, the online real estate database firm, to settle with the agency over alleged violations of the Real Estate Settlement Procedures Act or face an enforcement action, the company revealed last week in its 10-Q filing with the Securities and Exchange Commission. “Based on correspondence from the CFPB in August 2017, we understand that it has concluded its investigation,” the firm said in its SEC disclosure. “The CFPB has invited us to discuss a possible settlement and indicated that it intends to pursue further action if those discussions do not result in a settlement.”At issue are certain co-marketing activities, which Zillow defended. “We continue to believe that our acts and practices are lawful and that ...
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CSBS Says ATR Hurts Community Banks, Pushes Portfolio Loan QM

August 14, 2017
The Conference of State Bank Supervisors told the CFPB that the ability-to-repay /qualified mortgage rule has negatively affected financial institutions that, because of their proximity to the local community, rely on more flexible underwriting and determination of ability to repay. “State regulators continue to support the principles that drive the ATR/QM rule, but have several recommendations to better tailor the rule commensurate to the community bank business model,” the CSBS said in its comment letter on the bureau’s proposal to begin assessing the rule. Citing Federal Deposit Insurance Corp. data, the regulators noted that since 2010, 1,173 community banks have either left the residential mortgage lending space or extensively restricted those business lines. Rural Lending is Suffering “Although this decline ...
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Lender Groups Urge CFPB to Expand Scope of ATR/QM Review

August 14, 2017
National trade groups representing mortgage lenders of all sizes recently advised the CFPB to broaden the scope of its pending assessment of its ability-to-repay/qualified mortgage rule. The Mortgage Bankers Association, for instance, provided the bureau with multiple concerns it believes must be addressed, such as making sure the rule better serves millennials and immigrants who are entering the housing market. Other concerns include “the limitations of the 43 percent debt-to-income requirement that does not include compensating factors,” and whether the underwriting guides of the government-sponsored enterprises and government programs could serve as alternatives to Appendix Q. The Consumer Mortgage Coalition recommended that the agency begin its review process by analyzing the products and product structures that contributed to the financial ...
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