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Inside the CFPB
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Community Bank Mortgage Lending Is Up, But May Recede: Fed/CSBS

October 3, 2016
Mortgage lending at community banks rose last year and is up over the last few years, according to a joint survey by the Federal Reserve and the Conference of State Bank Supervisors. However, that trend may not hold, thanks in part to a drop in demand and to a departure from the sector because of the CFPB’s mortgage rules. “Mortgage lending grew by more than 6 percent for community banks in our survey, which was somewhat higher than the comparable growth rate for all community banks over an overlapping period,” the agencies said. It was also higher than the comparable rate across the entire industry. Over a more-extended period, from December 2013 to March 2016, growth in 1-4 family residential ...
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Enforcement Roundup: CFPB Fines TMX Finance $9 Million Over Lending, Collection Practices

October 3, 2016
Last week, the CFPB brought a $9 million enforcement action against Savannah, GA-based TMX Finance, the parent company of TitleMax, accusing the company of luring consumers into costly loan renewals by presenting them with misleading information about the deals’ terms and costs. The CFPB said that employees of the auto title lender, as part of their sales pitch for the company’s 30-day loans, offered consumers a monthly option for making loan payments. They then offered consumers a “Voluntary Payback Guide” that showed how to repay the loan with smaller payments over a longer time period....
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Bureau Sues Prime Marketing Holdings Over Consumer Charges

October 3, 2016
The CFPB filed a lawsuit in federal district court last month against Prime Marketing Holdings, a credit repair company based in Van Nuys, CA, for allegedly charging consumers a series of illegal advance fees as well as for misrepresenting the cost and effectiveness of its services. According to the bureau’s complaint, Prime Marketing Holdings lured consumers with misleading, unsubstantiated claims ...
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Other News in Brief

October 3, 2016
SFIG Meets With CFPB Officials to Discuss TRID. Staff and key members of the Structured Finance Industry Group, a securitization trade group, recently met with regulators at the CFPB to discuss the bureau’s integrated disclosure rule known in as TRID and reviewed the trade group’s RMBS (residential mortgage-backed securities) 3.0 TRID Compliance Review Scope document.... CFPB Releases Updated Exam Procedures for the Military Lending Act. Late last week, the bureau issued the revised procedures its examiners will use in identifying consumer harm and risks related to the Military Lending Act rule, which was updated in July 2015...
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New York Clergy Worries About GSEs Being Dismantled. Resurrect and Release?

October 3, 2016
Paul Muolo
“We hope that you will help us to push back on current efforts to gift the proprietary infrastructure of Fannie Mae and Freddie Mac to the big banks,” the clergymen write.
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Bureau Sues Five Auto Title Lenders Over APR Disclosure Practices

October 3, 2016
The CFPB last month sued five auto title lenders doing business in Arizona – Auto Cash Leasing, Interstate Lending, Oasis Title Loans, Phoenix Title Loans and Presto Auto Loans – for allegedly failing to disclose the annual percentage rate in online advertisements about title loans, in violation of the Truth in Lending Act. “For example, one lender advertised on its website a monthly interest rate but failed to include the legally required annual percentage rate for the loan,” the bureau said....
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CFPB Slaps Flurish/LendUp With $3.6 Million in Refunds and Fine

October 3, 2016
Last week, the CFPB brought a $3.6 million enforcement action against San Francisco-based online lender Flurish, doing business as LendUp, for allegedly failing to deliver the promised benefits of its products. The bureau said it found that the company did not give consumers the opportunity to build credit or provide access to cheaper loans, as it claimed to consumers it would....
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GSE Roundup

September 30, 2016
Fannie Mae Names Small Pool Winning Bidder. The Community Loan Fund of New Jersey, Inc., an affiliate of New Jersey Community Capital, a non-profit community development financial institution, is the winning bidder of Fannie Mae’s fifth Community Impact Pool of non-performing loans. The transaction is expected to close on Nov. 22, 2016, and includes 120 loans secured by properties located in the Miami area with an unpaid principal balance of approximately $20.3 million. In collaboration with Wells Fargo Securities, LLC and The Williams Capital Group, L.P., Fannie Mae began marketing this Community Impact Pool to potential bidders on Aug. 10, 2016.
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Exclusive: Fannie and Freddie Received Marching Orders from the FHFA: Have the Same G-Fees

September 30, 2016
John Bancroft
The directives make clear that the minimum g-fee applies only to swap transactions…
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VA Mulling Changes to Resolve QM-Related Issues in the IRRRL Program

September 30, 2016
George Brooks
It appears some VA lenders are refinancing veteran borrowers into IRRRLs before the end of the six-month seasoning period.
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