Might New Residential Get Sucked into Ocwen’s Struggle with CFPB? In a recent interview with IMFnews, an affiliated publication, New Residential Investment Corp. CEO Michael Nierenberg said the company’s servicing-related deal with Ocwen Financial is coming along and will be completed in the “near future,” though he declined to be specific.... Lawmakers Seeks to Exempt More Lenders From CFPB Exam Oversight. Last week, one member of the U.S. Senate and another from the House of Representative each separately introduced legislation that would increase from $10 billion to $50 billion the threshold figure at which regulated depository institutions are subject to direct examination and reporting requirements of the CFPB....
An effort by a handful of state attorneys general to intervene in an enforcement action brought by the CFPB against Sprint Corp. back in 2014 and lay claim to the unspent settlement funds will likely come to naught, after the U.S. District Court for the Southern District of New York blocked the effort. In its enforcement action, brought in December 2014, the CFPB accused Sprint of billing wireless customers tens of millions of dollars in unauthorized third-party charges from 2004 to 2013. The issue here involved charges for what are known as “premium text messages” or “premium short messaging services” because they are frequently delivered by text messages. Examples of such products and services include ringtones, wallpaper images, and text ...
There has not been a lot of recent enforcement activity from the CFPB in terms of its loan originator compensation rule, but industry participants shouldn’t get complacent, according to some top compliance professionals. “We’ve seen the bureau say a couple different times that this is going to be a priority, and they’ve put out a few bulletins on this rule. But we’ve seen very little enforcement activity in this space,” said Maria Earley, a partner with the Reed Smith law firm in Washington, DC, during a panel discussion at the American Bankers Association’s 2017 regulatory compliance conference, held last month in Orlando.That being said, compliance professionals must not let their guard down. “Document everything. Step through with the regulators ...
Leading Republicans and Democrats on the Senate Banking, Housing and Urban Affairs Committee this week launched an ambitious effort to draft a bipartisan housing-finance reform bill, and possibly approve it by year end. Several lawmakers from both sides of the aisle cited a growing consensus about how that reform should be undertaken, with most agreeing on the preservation of the to-be-announced market and the need for an explicit government guarantee for MBS backed by conventional mortgages. Committee Chairman Mike Crapo, R-ID, listed...
The Structured Finance Industry Group called for an appeals court to enforce industry-established payment priority provisions in a significant case involving Lehman Brothers’ collateralized-debt obligations and a bankruptcy filing. Lehman Brothers Special Financing Inc. v. Bank of America N.A. centers on a “flip clause” included in 44 CDOs issued by the failed investment bank. SFIG noted that a flip clause redirects or reprioritizes cash flow upon bankruptcy, and is often incorporated in securitizations that include swaps. “As is common in the market, in structuring these transactions, the parties bargained...
The Federal Reserve took some pointed criticism on Capitol Hill this week over its handling of monetary policy since the end of the Great Recession, including its support of the housing and mortgage markets through its unprecedented quantitative easing programs. “I don’t think the added gross domestic product growth we’ve had over the last 90 months will be proven to have been worth ballooning the balance sheet from $900 billion to $4.5 trillion,” Rep. French Hill, R-AR, said during a hearing this week by the House Financial Services Subcommittee on Monetary Policy and Trade. He also said...
FUN FACT: Between 2000 and 2007, roughly $2.726 trillion of subprime residential loans were originated nationwide. Last year, just $2.0 billion were funded.
An “excess” servicing deal tied to $117.0 billion of mortgage servicing rights between New Residential Investment Corp. and Ocwen Financial appears to be dragging on longer than expected, causing anxiety in some circles. The transaction – which changes the fees paid to Ocwen resulting in a short-term (gross) gain of $425 million – was unveiled on May 1 and has yet to close. Piper Jaffray analyst Kevin Barker and his team write in a recent report that the deal was slated to be ...
As much as the False Claims Act has been a formidable government enforcement tool against FHA loan originators, the statute is also being used increasingly against mortgage servicers, according to compliance experts. Within the last 18 months, the DOJ has expanded FCA use to reverse mortgages and loan servicing, according to Phil Schulman and Krista Cooley, both partners in Mayer Brown’s Washington office and members of the firm’s Consumer Financial Services group, during a recent podcast. While the Department of Justice has consistently used the FCA and its treble-damage provision to enforce FHA loan origination rules, the economic downturn and foreclosure crisis has put...
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