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Home » Topics » News » Inside the CFPB

Inside the CFPB
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CHOICE Act 2.0 Would Disembowel CFPB, Hensarling Would Use Budget to Push Through

February 16, 2017
A key Republican leader in the House of Representatives is looking to push legislation that would effectively neuter critical aspects of the Consumer Financial Protection Bureau that could lead to major changes in the agency’s oversight functions and capabilities, including mortgage rulemaking, supervision and enforcement. The congressman also indicated he might use a procedural technique related to the budget to ram his legislation past Democrat opponents in the Senate. The legislative vehicle of choice is...
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The Time is Right for a Boom in Servicing Sales. Another Month or Two of Slow Prepayments Could Spur Market

February 16, 2017
The secondary market for bulk agency mortgage servicing rights is beginning to pick up a decent head of steam, but one factor is holding it back from a full-throttle: worries about prepayment speeds. “We’ve had one month of low prepayment numbers,” said Mark Garland, president of MountainView Servicing Group, Denver. “A couple of more months would be better.” According to investment bankers who work the market, although rates have been on a steady climb since the November election – the yield on the benchmark 10-year Treasury is...
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If President Trump Wants to Fire CFPB’s Cordray, He’s Going About it All Wrong, Law Professor Says

February 16, 2017
Whether President Trump is serious about replacing the head of the Consumer Financial Protection Bureau remains to be seen. But his enthusiasm over the prospect may have gotten the better of his legal judgement and in fact perhaps laid the foundation for such a replacement to be reversed, one noted legal scholar suggested recently. “If Trump is planning on attempting to remove CFPB Director Richard Cordray ‘for cause,’ he’s hardly going about it in a smart way,” Adam Levitin, a law professor at Georgetown University, said in a recent online blog posting. “The Trump administration keeps generating more and more evidence that any for-cause removal would be purely pretextual, which strengthens Cordray’s hand were he to litigate the removal order (as he surely would).” To begin with, the reasons that are offered as justification for sacking Cordray – such as claims of employee discrimination at the bureau or the agency’s settlements with auto finance companies – refer...
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UI Report says Credit Access Tight, Harder to Obtain Mortgage Loan Today than Pre-Crisis

February 16, 2017
Despite some reports of credit access loosening, it’s harder to get a mortgage today than it was during the housing bubble, according to the Urban Institute. With borrowers being denied at a much higher rate than in the past, lower-credit mortgage applicants are dropping out of the housing market. As access to credit tightened after the financial crisis, many lower-credit applicants were discouraged from applying, the UI study noted. That led to a higher-credit applicant pool, which in turn led to a lower rejection rate. This caused...
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Appeals Court Grants CFPB Request for Rehearing in Much-Watched PHH Case

February 16, 2017
Thomas Ressler
The court also ordered that the three-judge panel’s ruling this past October be vacated. Oral arguments will be heard May 24...
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Sen. Crapo, Fed Chair Yellen Agree Housing Finance Reform is Urgent

February 15, 2017
Thomas Ressler
Fed Chairman Janet Yellen on the future of Fannie and Freddie: “…I would hope that Congress would decide explicitly on what the government’s role is and if there are guarantees, that they would be recognized and priced appropriately.”
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MBS and ABS Sectors Adjusting to Risk-Retention Requirements

February 15, 2017
Brandon Ivey
Sponsors can generally meet the requirements by retaining the most subordinate tranches of the securitization equaling at least 5.0 percent of the deal…
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Lawmaker Seeks Clarity on CFPB’s Compliance with Trump’s Regulatory ‘Freeze’ Memo

February 14, 2017
Thomas Ressler
The subcommittee chairman notes: “Therefore, I was surprised by your public hesitancy last week to affirm that the president’s regulatory freeze applies to the CFPB…”
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Consumers Still Complaining About Mortgage Servicing Practices

February 13, 2017
Mortgage borrowers still have plenty to complain to the CFPB about, especially on the mortgage servicing front, the latest monthly consumer complaint report from the bureau suggests. “The most common issues identified by consumers are problems when they are unable to pay (loan modification, collection, foreclosure),” which were cited by 49 percent, according to the CFPB, followed by issues making payments (loan servicing, payments, escrow accounts), identified by 33 percent. Other homeowners brought up problems having to do with applying for a loan (application, originator, mortgage broker), which was noted by 9 percent, followed by signing the agreement (settlement process and costs), which was highlighted by 5 percent, and receiving a credit offer (credit decision, underwriting [With Two Data Charts]....
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CHOICE Act 2.0 Would Retain, Restructure CFPB, Gut its Power

February 13, 2017
House Financial Services Committee Chairman Jeb Hensarling, R-TX, is looking to retain the CFPB, restructure key parts of the agency, and drastically limit its authority, Inside the CFPB has learned.According to a draft memorandum of the major changes to Hensarling’s Financial CHOICE Act, now dubbed CHOICE Act 2.0, the bureau “is to be retained and restructured as a civil law enforcement agency similar to the Federal Trade Commission, with additional restrictions on its authority,” as follows: Sole director, removable by the president at will. Rule-making authority limited to enumerated statutes. Unfair, deceptive acts or practices authority repealed in full. Supervision repealed. Consumer complaint database repealed.•Market monitoring authority repealed. Enforcement powers limited to cease-and-desist and civil investigative demand/subpoena powers....
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