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Home » Topics » News » Inside the CFPB

Inside the CFPB
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CFPB Mortgage Servicing Rules Stabilized Market But Also Introduced Many Unintended Consequences

July 13, 2017
The mortgage servicing rules the Consumer Financial Protection Bureau promulgated in the wake of the mortgage market’s collapse brought much-needed stability to the loan servicing arena. But they also have had a host of unplanned side effects that continue to haunt the market to this day. That’s one of the prime takeaways from comments provided by some top lender/servicers and industry trade groups, in response to the CFPB’s announcement that it would begin its five-year assessment of its servicing rules as per the requirements of the Dodd-Frank Act. Wells Fargo said...
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CFPB Finally Issues TRID 2.0 Clarifying Final Rule, Decides to Handle the ‘Black Hole’ Separately

July 13, 2017
After a few months of delay, the Consumer Financial Protection Bureau last week issued its long-awaited final rule clarifying a number of aspects of its integrated disclosure rulemaking under the Truth in Lending Act and the Real Estate Settlement Procedures Act, otherwise known as TRID 2.0. The most noteworthy revisions relate to good faith and revised disclosures, calculating cash to close, construction-to-permanent loans, and the sharing of disclosures during the origination process. In terms of good faith and revised disclosures, the 2017 TRID rule provides...
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Warehouse Lenders Give Walter Another Round of ‘Waivers.’ But How Long Can the Forgiveness Last?

July 13, 2017
Walter Investment Management Corp. has secured a second round of limited waivers from its warehouse providers, a signal that its lenders are being patient – for now. According to interviews with warehouse executives and consultants, the granting of short-term waivers can be a common practice, but if those waivers go into a third or fourth round it can get expensive for the borrower and may signal an end to the patience of a company’s bankers. Walter, the parent of Ditech Financial – the nation’s 13th largest residential servicer – reported...
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Courts Divided on Whether Mortgage Underwriters are Exempt From Overtime After Provident Loses Appeal

July 13, 2017
An appeals court ruled in favor of mortgage underwriters last week in a dispute regarding overtime eligibility. The issue could be taken up by the Supreme Court of the U.S. as the ruling furthered a split among lower courts on the issue. Mortgage underwriters from Provident Savings Bank filed a lawsuit in 2012 against the bank after the employer said they qualified for the Fair Labor Standards Act’s administrative exemption to overtime payments. A district court ruled in favor of the bank in 2015 in the case of McKeen-Chaplin v. Provident Savings Bank. The U.S. Court of Appeals for the Ninth Circuit overturned...
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CFPB Warns of Schemes to Steal Closing Funds from Homebuyers

July 13, 2017
Scams aimed at stealing homebuyers’ closing funds persist, according to a warning last week from the Consumer Financial Protection Bureau. The warning follows similar notices in recent years from the Federal Trade Commission. “The scammers attempt to steal the homebuyer’s closing funds – for example, their downpayment and closing costs – by sending the homebuyer an email posing as the homebuyer’s real estate agent or settlement agent (title company, escrow officer or attorney),” according to Davida Farrar, counsel in the CFPB’s consumer education and engagement division. In a post on the CFPB’s website, Farrar said...
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FHFA Reaches $5.50 Billion Settlement with Royal Bank of Scotland

July 12, 2017
Carisa Chappell
RBS will pay approximately $4.53 billion to Freddie and approximately $975 million to Fannie.
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Flagstar Gets Rated, a Sign that it May Become More Involved in Jumbo MBS?

July 11, 2017
Brandon Ivey
Jumbos accounted for 5.6 percent of Flagstar’s residential originations during the period…
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Will Rep. Hensarling Deal on GSE Reform?

July 11, 2017
Paul Muolo
The big question: Will the Chairman of the House Financial Services Committee support an explicit government guarantee on conventional MBS?
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More GSE Cases Filed Arguing that the FHFA’s Structure is Unconstitutional

July 11, 2017
Carisa Chappell
FHFA’s status as an independent agency headed by a single director makes it different from almost every other independent agency…
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CFPB Issues Final Rule to Ban Mandatory Arbitration in Consumer Financial Contracts

July 11, 2017
Thomas Ressler
However, Congress has already prohibited arbitration agreements in the largest market the agency oversees: residential mortgages.
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