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Inside the CFPB
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MBS Trading Volume Hits a New Low for the Year; Meanwhile the Fed Hikes Rates and Prepares to Trim Its Portfolio

June 16, 2017
The average daily trading volume in agency MBS fell to $185.1 billion in May, the lowest reading of the past 17 months, according to the Securities Industry and Financial Markets Association. Year-to-date, the average is still ahead of last year’s pace but not by much: $204.2 billion compared to $201.9 billion for 2016. But these are interesting times for investors as both bonds and stocks continue to rally near new highs. Earlier this week, the yield on the benchmark 10-year Treasury fell to 2.12 percent, the lowest reading since the November election. It’s...
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FHFA to Seek Authority from Congress to Examine Nonbank Servicers, Other Service Providers to GSEs

June 16, 2017
The Federal Housing Finance Agency is backing recommendations for additional authority that would allow it to examine third parties that do business with Fannie Mae and Freddie Mac. In its 2016 Annual Report to Congress released this week, the FHFA said it concurs with recommendations made by both the Government Accountability Office and the Financial Stability Oversight Council that Congress grant the agency authority to oversee the entities that provide critical services to the government-sponsored enterprises. While counterparty oversight is critical to the safety and soundness of the GSEs, it is...
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U.S. Appeals Court Rejects Claims that Would Have Extended ECOA Liability to Loan Purchasers

June 16, 2017
The U.S. Court of Appeals for the Fifth Circuit rebuffed arguments that would have subjected mortgage lenders and other secondary-market participants to increased liability under the Equal Credit Opportunity Act. In a published opinion that appeared in the Banking Law Journal, the Fifth Circuit court rejected plaintiffs’ argument that mortgage investors that promulgate discriminatory lending guidelines could be held liable as the original creditor. ECOA prohibits...
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Trump’s Treasury Department Seeks Regulatory Changes to Spur Non-Agency MBS Market

June 16, 2017
John Bancroft
Treasury said one problem with the current risk-retention rule is that it’s promulgated jointly by six different federal regulators.
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Meanwhile, Ginnie Mae is Still Without a Permanent President

June 16, 2017
George Brooks and Paul Muolo
Former Ginnie Mae president Ted Tozer stressed the importance of getting the post filled as soon as possible. “The way things are going, by yearend Ginnie will have $2 trillion of guarantees on its books,” he said.
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Fed Announces Plan to Cap Reinvestment of Cash Spewing from its Massive MBS Holdings

June 16, 2017
Thomas Ressler
“By limiting the volume of securities that private investors will have to absorb as we reduce our holdings, the caps should guard against outsized moves in interest rates and other potential market strains,” said Fed Chairman Janet Yellen.
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What We’re Hearing: What’s Movement’s Owner Going to Do with a Bank? / A Portfolio? / Just Don’t Pull a Countrywide / Bruce Berkowitz Plans to Ride it Out / Castle & Cooke, Mid America and PRMG All in a Hiring Mode

June 16, 2017
Paul Muolo
The betting is that Bruce Berkowitz and Fairholme plan to ride out their GSE investment to the very end.
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Some Lenders Keep Hiring; Others Are Cautious

June 16, 2017
The spring and summer home-buying season is in full throttle and with rates falling to yearly lows, mortgage bankers should be hiring in droves. Right? Not necessarily. Top-ranked lenders such as Quicken Loans and Movement Mortgage report they continue to search for new talent, but others are being careful about their hiring plans. Employment in the mortgage brokerage sector has been...
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Complaint Trends Have Much to Teach Lenders

June 16, 2017
There are three important trends in the consumer complaint space, each bearing important lessons for mortgage lenders, regardless of size or structure, according to top compliance experts. Speaking to an audience at the American Bankers Association’s annual regulatory compliance conference in Orlando earlier this week, Carol Hunley, deputy chief compliance officer at Ally Financial Services, detailed each of them and their significance for lender compliance. First, the lending environment is...
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DOL to Seek Public Comment on Blocked Overtime Rule, Which Affects LOs

June 15, 2017
George Brooks
During his confirmation hearing in March, Labor Secretary Alexander Acosta said he favored raising the exemption threshold but only up to $33,000.
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