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Inside the CFPB
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Treasury Dept. Backs Away from Supporting FHFA Structure

April 7, 2017
The Treasury Department reneged on its support of the Federal Housing Finance Agency’s single- director structure last week. The issue stems from a recent PHH Mortgage-initiated lawsuit challenging the Consumer Financial Protection Bureau’s structure as unconstitutional, which led to questioning the similarly structured FHFA. Although the Treasury previously sided with the FHFA, the Trump administration decided to side with the mortgage lender. The Treasury Department is now making a similar argument that the FHFA’s structure is also unconstitutional. The CFPB and FHFA, the GSEs’ regulator, are independent agencies led by a single director whom the president can only fire for cause.
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Fed Starts to Plan for Shrinking its Huge Portfolio After Inflation Breaches Key 2 Percent Threshold

April 7, 2017
For years, officials at the Federal Reserve seemed nonchalant about coming up with a final exit strategy for the U.S. central bank’s massive holdings of agency MBS and debt and Treasury Securities, currently valued at approximately $4.5 trillion. But now, in relatively short order, the prospect of the Fed beginning to reduce its holdings has become a “thing” – so much so, in fact, that officials there reportedly are starting to put together just such a plan. The likelihood of such a move suddenly got much stronger when the Commerce Department announced late last week that the personal-consumption expenditures price index rose 2.1 percent from a year ago. The Fed has been striving to achieve 2 percent inflation for at least the last five years, and now appears to have the green light it has been waiting for. According to various press reports, the Fed’s plan would entail...
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Santander Settles Subprime Auto ABS Issues with Two State AGs for $25.9 Million, Sets a Precedent

April 7, 2017
State attorneys general from Delaware and Massachusetts announced a $25.9 million settlement last week with Santander Consumer USA Holdings involving subprime auto ABS. The settlement relates to post-crisis activity and the AGs said it was the first settlement with state AGs relating to subprime auto loan funding. The office for Massachusetts Attorney General Maura Healey said the settlement is part of the AG’s ongoing review of securitization practices in the subprime auto market. “We found...
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Tobacco Settlement Revenues to Back a New $619 Million ABS; Fitch Pulls Away from Sector

April 7, 2017
Golden State Tobacco Securitization Corp. is preparing to issue a $618.8 million ABS backed by revenues from a tobacco settlement reached in 1998. Several states have issued such deals, though the sector received a blow last year when Fitch withdrew its ratings and criteria for tobacco ABS. Under the settlement with 46 states and Washington, DC, the major cigarette manufacturing companies must make payments to each state annually, in perpetuity. The payments are based on cigarette sales, among other factors. At the time of the settlement, the revenues for states were estimated to be $306.0 billion for the first 25 years of the agreement. States can issue...
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The Many Sides of the Treasury Sweep Debate, What to Do With Fannie, Freddie Earnings in 2017

April 7, 2017
Despite rumors to the contrary, Fannie Mae and Freddie Mac forked over most of their fourth-quarter earnings to the Treasury Department at the end of March, as scheduled. But some industry insiders wonder whether the timing of future payments will be altered to reduce the likelihood that either of the government-sponsored enterprises might need another bailout. In early March, there were talks predicting, or hoping for everything from a possible suspension of the Treasury sweep to replacing the quarterly payment with an annual one. Speculation may have been fueled by uncertainty about what the Trump administration wants to do about the now eight-year-old conservatorships of the two GSEs. In 2017, Fannie and Freddie can only retain...
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Fannie Mae Controller and Principal Accounting Officer to Depart

April 7, 2017
Paul Muolo
Fink is expected to leave Fannie Mae in the second half of the year.
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Wells Fargo v. MBS Suits; GreenPoint Wins; Lehman Nears MBS Settlement

April 7, 2017
Wells Fargo’s legal woes are continuing after a federal judge in the U.S. District Court for the Southern District of New York last week ordered the company to face several lawsuits by institutional investors alleging MBS fraud. U.S. District Judge Katherine Polk Failla ruled that Wells Fargo must face five lawsuits by a few dozen funds that are holding the bank liable for losses incurred after the MBS they purchased lost value due to the financial crisis. The plaintiffs include...
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What We’re Hearing: Ocwen and Walter, Two Peas in a Pod? / The Shorts Have Made Their Money and Moved On / Will loanDepot Ever Go Public? / Freddie Bullish on MF / When Fannie Mae Earned More Money than the Roman Empire

April 7, 2017
Paul Muolo
One GSE watcher called it, "The biggest company quarterly profit since the Roman Empire, adjusted for inflation of course.”
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Freddie Mac Ready to Issue Buyback Waiver Tied to Appraisals

April 6, 2017
Carisa Chappell
GSE originators have long complained that the rep-and-warrant policies need to be more transparent.
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CFPB Looking to Enhance Protection of Consumer Data in HMDA Rule

April 6, 2017
Thomas Ressler
Rep. Sherman of California noted: “Studies have shown that in some geographic areas, it is possible to determine the identity of nearly 100 percent of the borrowers using the data that lenders are required to collect and report by the Home Mortgage Disclosure Act.”
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