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Inside the CFPB
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In the Mortgage M&A Game, New Entrants Eye Smaller Shops, RPM Mortgage Nears a Deal

May 25, 2017
As summer approaches, the mortgage mergers-and-acquisitions market is heating up – with mostly talk. However, soon that chatter may lead to actual deals. According to investment banking sources, at least three mid-sized nonbanks may pull the exit parachute soon, with offering books ready to follow. The identity of the three firms was not provided, but the firms are well known, said one source. Meanwhile, the list of possible buyers hasn’t changed...
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Three-Judge Appellate Panel’s Ruling on RESPA in PHH Corp. v. CFPB Has a Good Chance of Enduring

May 25, 2017
There wasn’t much mention of the interpretation and enforcement of the Real Estate Settlement Procedures Act during oral arguments this week before the U.S. Court of Appeals for the District of Columbia Circuit in PHH Corp. v. Consumer Financial Protection Bureau. Instead, nearly all of the discussion revolved around constitutional questions. The biggest issue was about just how much power to “faithfully execute” the laws of United States the president is left with if the only way to remove the head of a single-director agency is “for cause.” The other constitutional issues that garnered some attention were...
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Hensarling Uncertain but Hopeful on CHOICE Act, Supports a ‘Long Game, Short Game’ Strategy

May 25, 2017
House Financial Services Committee Chairman Jeb Hensarling, R-TX, author of H.R. 10, the Financial CHOICE Act, this week expressed uncertainty about how much of his controversial alternative to the Dodd-Frank Act might be able to garner bipartisan support in the Senate. But he said he is hopeful and willing to negotiate anything, while articulating faith in a strategy that pushes both a “short game” and a “long game” when it comes to making the major changes he envisions. During a public policy discussion at the American Enterprise Institute, a conservative think tank in Washington, DC, Hensarling suggested that Democrats haven’t stepped up to the plate to help smaller banks. “I hear my friends on the other side of the aisle say nice things about wanting to do regulatory relief for community financial institutions,” the congressman replied. “But I just never see the legislation. I don’t quite see the follow-through. “I haven’t given up...
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Industry Groups Push for Supreme Court to Take Up Case Involving ‘Super-Priority’ Liens

May 25, 2017
A split in court rulings in cases involving “super-priority” liens makes the issue ripe for consideration by the Supreme Court of the United States, according to industry trade groups. Last week, the Mortgage Bankers Association, the American Bankers Association and the U.S. Chamber of Commerce submitted a joint amicus brief to the Supreme Court, stressing that super-priority liens “eviscerate” the traditional standing of mortgages. The court case of interest to the trade groups is...
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Watt Concerned About FHLBanks Relying On Short-Term Funding of Longer-Term Assets

May 25, 2017
The Federal Home Loan Banks have become too reliant on short-term funding of longer-term assets, according to Federal Housing Finance Agency Director Mel Watt. Speaking at the FHLBank Annual Director’s Conference this week, Watt reiterated his concern from a year earlier that over time a heavy reliance on short-term funding can strain the system’s capacity to issue short-term debt at attractive spreads. He acknowledged...
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Trump Aims to ‘Restructure’ the CFPB and Slash Agency Spending by 22.4 Percent

May 24, 2017
Paul Muolo
The Trump White House wants to slash the budget of the CFPB, an independent agency it has no control over...
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MBA Chief: Don’t Leave Necessary GSE Reforms to the FHFA

May 24, 2017
Paul Muolo
MBA's Stevens once again slams those in favor of a GSE “recap and release” plan, saying this group consists “primarily [of] stock speculators who are most concerned about personal profits” rather than the future of the U.S. housing system.”
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FHFA Concerned About FHLB Maturity Mismatch, Liquidity Requirements

May 24, 2017
Carisa Chappell
Entering a future downturn with “extensive short-funded, long-asset positions would be imprudent,” said FHFA Director Mel Watt.
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Short Takes: ABA Wants Explicit Guaranty on MBS / Does it Matter? / Trump Wants to Kill USDA Loan Program / Rep. Hensarling an Optimist but… / A Promotion at Arch MI

May 24, 2017
Paul Muolo and Thomas Ressler
In the new Trump budget, the White House takes an ax to the USDA’s rural single-family housing direct loan program.
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KBW Says Leave the GSE Dividend Alone, Go with More Risk-Sharing Deals

May 23, 2017
Paul Muolo
Meanwhile, although GSE risk sharing seems popular in some circles, FHFA itself admitted recently that some of this coverage has come at premium cost to Fannie and Freddie.
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