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October 31, 2016
TRID Implementation Inconsistency Among Lenders Continues to Drive Title Agent Costs. The First American Real Estate Sentiment Index for the third quarter of 2016 found that lenders are inconsistently implementing the CPFB’s integrated disclosure rule, and that is driving up costs for title agents.... Mortgage Complaints Still High, But Drop Noticeably in 3Q16 From Year-Ago Levels. The latest monthly consumer complaint report from the CFPB found that mortgages remain among the top three sore spots for borrowers, but had a noticeable drop from the third quarter of 2015 to the same period this year....
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Will Ginnie Mae’s New ‘Acknowledgement Agreement’ Bolster MSR Liquidity?

October 28, 2016
Paul Muolo
Late this week, a spokesperson for Ginnie Mae could not offer any specifics about the revised acknowledgement agreement but noted the changes are “almost” complete.
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DOJ, State AGs Take Aim at Moody’s for Pre-Crisis MBS Ratings; Case May Mirror S&P’s 2013 Lawsuit

October 28, 2016
Allegations in an impending government MBS fraud case against Moody’s Corp. will likely mirror allegations of fraud and misrepresentation in a 2013 civil suit against Standard & Poor’s, according to industry observers. Moody’s disclosed the expected case in a recent filing of third-quarter earnings results with the Securities and Exchange Commission. According to the credit rating agency, lawsuits are likely pending from both the Department of Justice and state attorneys general over ratings of MBS in the years leading up to the financial crisis. In a letter dated Sept. 29, 2016, the DOJ informed...
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CFPB Sends Warning Letters to 44 (Unnamed) Lenders/Brokers on HMDA Data Collection

October 28, 2016
Paul Muolo
In the fall of 2013, the regulator sanctioned two lenders – Mortgage Master and Washington Federal – for violating HMDA collection requirements.
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TRID 2.0 Fails to Address Secondary Mortgage Market Concerns About Liability, PIMCO Says

October 28, 2016
The Consumer Financial Protection Bureau’s proposal to clarify a number of aspects of its TRID disclosure rule does not adequately resolve most of the non-agency secondary mortgage market’s concerns about legal liability, Pacific Investment Management Company said in a recent comment letter to the CFPB. The regulation was designed to harmonize consumer mortgage disclosures, but its unintended consequences have caused big problems in the non-agency secondary market. “The [TRID] rules have raised...
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What We’re Hearing: A Two-Year Window to Fix Fannie and Freddie? / On Jan. 1, 2018, the GSE Piggybank Goes Dark / Treasury Loves GSE Earnings but not the GSEs / Three Standouts: Caliber, Freedom and UWM / Silver Hill Keeps Hiring

October 28, 2016
Paul Muolo
Fannie Mae and Freddie Mac should post stellar third quarter results. Here's why...
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GSE Comments on CFPB's Proposal Focus on UCD

October 28, 2016
The GSEs said treating items like payoffs, holdbacks and principal curtailments as closing costs in the Consumer Financial Protection Bureau’s disclosures would just confuse borrowers. Fannie Mae and Freddie Mac submitted comments to the CFPB last week in response to the bureau’s proposed amendments to the integrated disclosure requirements under the Truth in Lending Act and Real Estate Settlement Procedures Act. The comments focused primarily on aspects of the proposed rule that may potentially affect the Uniform Closing Dataset developed by the GSEs. The GSEs disagreed with the proposed rule’s plan to lump non-closing cost fees under...
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Cato Supports Freddie CFO Golden Parachute Appeal

October 28, 2016
The Cato Institute recently filed an amicus brief challenging the Federal Housing Finance Agency’s denial of compensation benefits to a former Freddie Mac CFO at the start of the conservatorship. The FHFA terminated Anthony Piszel two weeks after the government took over the GSEs in September 2008. The primary issue was whether a government prohibition on making golden parachute (severance) payments to terminated Freddie employees was illegal or not. Piszel appealed a judgment from the U.S. Court of Federal Claims dismissing his complaint that Freddie breached its contract and owed him payment for his golden parachute compensation.
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TRID 2.0 Software Implementation a Concern

October 28, 2016
Some leading mortgage technology vendors told the Consumer Financial Protection Bureau they are concerned about the resources that will be required to implement the changes the bureau wants to make to its integrated disclosure rule known as TRID. In a comment letter to the CFPB regarding its proposed rule to clarify a number of aspects of the TRID regulation, the Mortgage Vendor Regulatory Work Group raised concerns about software implementation resources, including ...
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GSE Roundup

October 28, 2016
Fairholme Files Motion to Force Government to Produce Docs ASAP. Plaintiffs in Fairholme Funds Inc. v. United States, et al, filed an emergency enforcement motion this week arguing that the government is purposely taking too long to produce documents and requesting unnecessary extensions. “The defendant has repeatedly delayed complying with the court’s order,” said Fairholme in the court documents. The judge gave the government until Nov. 1 to produce the documents. Freddie prices $217M K-deal. Freddie Mac priced a new offering of Structured Pass-Through Certificates (K Certificates) that are backed by underlying collateral consisting of supplemental multifamily mortgages. The company expects to issue approximately $217 million in K Certificates, which...
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