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Inside the CFPB
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NYDFS Gives Ground on Cybersecurity Proposal

January 13, 2017
The New York Department of Financial Services made some concessions to industry participants by revising proposed cybersecurity standards. Some mortgage-industry officials were happy with the revisions while reiterating concerns about the proposed standards. The NYDFS first proposed cybersecurity standards in September. The proposal was the first of its kind from a state regulator and more prescriptive than guidance from the Federal Financial Institutions Examination ...
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FHFA to Step Up Pressure on Fannie and Freddie to Manage Nonbank Servicer Risks

January 12, 2017
Carisa Chappell
The new FHFA IG report is heavily redacted…
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With PHH Case Pending, Industry Officials Still Believe CFPB Should Give More RESPA Guidance

January 12, 2017
Mortgage compliance experts say there’s still a strong need for the Consumer Financial Protection Bureau to provide more guidance about acceptable business relations under Section 8 of the Real Estate Settlement Procedures Act. One of the issues that came to the fore in the bureau’s enforcement action against PHH Mortgage was lenders’ relationships under marketing services agreements. Even though banks these days may be using MSAs to a lesser extent than nonbanks, there is still a need for the CFPB to more clearly delineate do’s and don’ts. “On the lender side of the mortgage industry, there is...
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As Trump Administration Prepares to Take Reins, New Lineups on Capitol Hill Begin to Take Shape

January 12, 2017
With the formal transition of presidential power now a mere week away, Congressional Republicans and Democrats alike were busy this week reordering the teams that will take the field for the 115th Congress. Mortgage lenders are hopeful for at least some degree of regulatory relief from the Republican-controlled Congress and White House, but Democrats are vowing to defend the Dodd-Frank Act, one of the signature achievements of the outgoing Obama administration. Republicans in the House of Representatives got...
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‘Reverse-Occupancy Fraud’ a Concern, Particularly Among First-Time Homebuyers

January 12, 2017
Some borrowers are obtaining mortgages for investment properties and occupying the home as a primary residence instead of renting out the home, according to industry analysts. Such “reverse-occupancy fraud” is especially prevalent among first-time homebuyers who might not otherwise qualify for a mortgage. Borrowers completing reverse-occupancy fraud aim to qualify for a mortgage with help from the theoretical rental income from the so-called investment property. Mortgages for a business purpose – typically including mortgages for investment properties – aren’t subject to the Consumer Financial Protection Bureau’s ability-to-repay rule, allowing lenders to use looser underwriting standards. Fannie Mae issued...
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Short Takes: HUD Nominee Carson Says he will ‘Review ‘the MIP Cut / Why Banks Avoid the FHA Program / HUD’s Budget: $45 Billion / Investor Cuts Stake in Annaly / CPR&T Downgrades Ocwen

January 12, 2017
Brandon Ivey and Paul Muolo
CPR&T predicted that the asset value of Ocwen’s mortgage servicing portfolio likely won’t benefit much from the recent spike in interest rates…
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A Different Type of Mortgage Fraud: ‘Reverse-Occupancy’ Scams Involving FTHBs

January 12, 2017
Brandon Ivey
Borrowers completing reverse-occupancy fraud aim to qualify for a mortgage with help from the theoretical rental income from the so-called investment property…
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Short Takes: To Fire Cordray, or Not to Fire Cordray, That is the Question / Just Run for Governor / Dr. Carson’s Advisors Include… / Quicken’s Gilbert: DOJ is ‘Out of Control’

January 11, 2017
Paul Muolo and Thomas Ressler
Cordray, of course, could just nip this in the bud right now, resign and start his run for governor of Ohio…
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Treasury Nominee Mnuchin Owns a Stake in Fannie & Freddie (Indirectly)

January 11, 2017
Paul Muolo
According to his financial disclosure form, Mnuchin lists the value of his Advantage stake at $500,001 to $1 million.
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HSBC Hit with $33 Million Fine Over Flawed Foreclosures

January 10, 2017
Thomas Ressler
As part of the settlement, the OCC lifted certain business restrictions that had been placed on HSBC…
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