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Inside the CFPB
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Rep. Cleaver Calls on Bureau to Combat Fintech Abuses

March 27, 2017
In a recent letter to CFPB Director Richard Cordray, Rep. Emanuel Cleaver, D-MO, called upon the bureau to address potential abuses by financial technology companies that may be engaged in predatory small-business lending. In so doing, he asked that the CFPB “investigate whether fintech companies engaged in small business lending are complying with all anti-discrimination laws, including the Equal Credit Opportunity Act.” The congressman’s letter noted that fintech lending companies, also known as alternative small-business lenders, are a fast-growing industry offering a new wave of innovation, but they also pose many risks, he added. “Over the past decade, there’s been a very large increase of Silicon Valley start-ups and technology companies that are functioning like banks,” Cleaver said. “The CFPB ...
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Other News in Brief

March 27, 2017
CFPB Poised to Commence Five-Year Review of Its Major Mortgage Rules. The CFPB is getting ready to start, as per the Dodd-Frank Act, its five-year evaluation of some of the significant mortgage rulemakings it has promulgated thus far, according to a recent account by Politico, as cited by Pavitra Bacon, an associate in the Washington, DC, office of the Ballard Spahr law firm, in an online blog posting.... Will We See CHOICE Act 2.0 This Week? With less than a week left before the end of March, one well-placed industry lobbyist is still holding to the prediction that Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, will in fact introduce another incarnation of his Financial CHOICE act by the end of the month....
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CFPB Proposes Changes to Give Lenders Flexibility Collecting Data

March 27, 2017
Thomas Ressler
The CFPB believes the proposed amendments will provide greater clarity to lenders…
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Short Takes: Delusional Mortgage CEOs? / A Nice Comeback for BofA / Phil Bracken for Ginnie Mae President? / SunTrust’s Online Lending Affiliate / Falling Still: The Yield on the Benchmark 10-Year Treasury

March 27, 2017
Paul Muolo
In 2009, BofA’s stock fell to as low as $3.95 a share. Today, it trades for $22.86, an increase of 478 percent…
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Pence’s Economist Hints at GSE Reform Principles in the Works

March 24, 2017
Vice President Mike Pence’s chief economist said the Trump administration is working on GSE reform principles. The comments came this week during a government relations summit hosted by the American Bankers Association. Mark Calabria, former director of financial regulation studies at the Cato Institute, caused a media frenzy when during a general session he said that a “set of principles” on GSE reform is likely to emerge in the coming months. Calabria is not a proponent of the GSEs, and believes that without Fannie Mae or Freddie Mac, commercial banks would step in to fill the liquidity void for the simple reason they have so much in the way of “excess reserves.”
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Adverse Examination Findings Redefined for 2017 Exam Cycle

March 24, 2017
For the 2017 examination cycle, the Federal Housing Finance Agency recently issued an advisory bulletin for new classifications of adverse findings for the GSEs and the Federal Home Loan Banks. Three designated classifications were established to help examiners define the issues more effectively with hopes of a faster remediation plan. When communicating adverse examination finds to the regulated entities and Office of Finance, the FHFA said the examiners will classify them as either “matters requiring attention, recommendations or violations.” MRAs are broken down into two separate categories: critical supervisory matters and deficiencies. The difference boils down to the nature and severity of the issues requiring corrective action, according to the bulletin.
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FHFA Amends Freedom of Information Act Regulation

March 24, 2017
The Federal Housing Finance Agency issued an interim rule last week that changed some of the components of its Freedom of Information Act regulation, including the fee categories. The interim rule gives notice about the circumstances in which the FHFA can extend its response time to the FOIA request and tells when it should notify the person requesting the information about their right to seek dispute resolution services. In the new FOIA rule, the agency is required to provide a minimum of 90 days for requestors to file an administrative appeal and must notify requesters about available dispute resolution services.
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Fitch Ends 2016 as Top Rating Service in Both Residential MBS and Non-Mortgage ABS

March 24, 2017
Fitch Ratings was the most active provider of credit ratings for non-mortgage ABS and non-agency MBS in 2016, a new Inside MBS & ABS analysis reveals. Fitch edged out Standard & Poor’s in a busy ABS market, garnering a 54.8 percent share of rated transactions last year. The company boosted its ABS ratings business by 4.6 percent compared to 2015, based on dollar volume, nudging its market share up 1.9 percentage points. Fitch’s deepest penetration was...[Includes two data tables]
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MBS Trading Volume Weak in February as Demand Declines; Market Nervous About Stocks, Trump’s Business Agenda

March 24, 2017
The average daily trading volume in agency MBS declined to $202.4 billion in February, one of the worst readings over the past six months, according to figures compiled by the Securities Industry and Financial Markets Association. In January, volume was a bit healthier at $229.8 billion, but that was before concerns began to mount about President Trump’s business agenda and how successful the new White House might be in rolling back regulations – financial and otherwise. As Inside MBS & ABS went to press this week, fears were...
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With Trump in Power, the CFPB is Hardly Bashful About Pressing Enforcement Actions

March 24, 2017
Thomas Ressler
Presumably the bureau is going to keep bringing enforcement actions like this until a final resolution is reached curbing its authority, the attorney noted…
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