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Inside the CFPB
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CA Lender Exposed MMIF to Higher Risk, Ordered to Indemnify HUD

September 9, 2016
A California FHA lender could face monetary penalties totaling $242,828 for deficient mortgage underwriting and exposing the FHA insurance fund to increased risk of loss and fraud. A Department of Housing and Urban Development inspector general’s audit of Sun West Mortgage Co. of Cerritos, CA, also alleged unauthorized use of foreign staff in another country to “pre-underwrite” FHA loans. The audit was triggered by a complaint the IG Office received in November last year alleging that Sun West, an approved FHA lender since 1980, was not underwriting FHA loans properly. In addition, the complaint alleged that Sun West was having the loans pre-underwritten by a company in another country, in violation of HUD rules. Neither the company nor the country was identified in the audit report. The complaint further alleged that employees at Sun West shared user identification numbers for ...
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Ocwen Faulted for Noncompliant Processes Involving Force-Placed Insurance; Hold on Foreclosures Removed

September 8, 2016
Brandon Ivey
Ocwen had a 24.2 percent error rate on a metric involving the timeliness of force-placed insurance notices, well above the 5.0 percent error rate allowed under the settlement…
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Mortgage Servicing Sales Begin to Accelerate but a Tough Year Overall. Still, 4Q16 Could Mark a Turnaround

September 8, 2016
After a difficult year so far, sales of mortgage servicing rights are beginning to pick up a head of steam this fall with the hope that the fourth quarter could turn out be a barn-burner. According to interviews conducted by Inside Mortgage Finance this week, servicing advisors for the most part are feeling mildly optimistic about the final three months of the year, although they all admit the obvious: an unexpected drop in rates could spoil the party. But that may not...
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Title Agents Bash TRID Clarification Proposal, Real Estate Agents Love Getting Access to Docs

September 8, 2016
Hundreds of industry participants have written to the Consumer Financial Protection Bureau to express their opposition to or support of the bureau’s attempt to resolve some of the ambiguity associated with its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule. Title insurers say the CFPB missed a chance to fix a major problem: confusion about title premium charges. Real estate agents say the bureau is making things better for consumers by allowing lenders to share disclosures. One title insurance professional noted...
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U.S. Court Applies Landmark SCOTUS Decision in Latest Ruling on FHAct’s Disparate-Impact Provision

September 8, 2016
A federal court in Texas has dismissed a disparate-impact lawsuit against the Texas Department of Housing and Community Affairs, finding, after years of litigation, that the plaintiff had failed to show sufficient reason for a charge of unlawful discrimination under the Fair Housing Act. The recent decision in The Inclusive Communities Project, Inc. v. The Texas Department of Housing and Community Affairs, et al., is the latest in a series of decisions applying the landmark U.S. Supreme Court decision that found disparate impact is a cognizable claim under the FHAct. The court’s Aug. 26 decision basically reaffirms...
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Short Takes: Time to Bottom Fish in MSRs? / PennyMac and BofA Increase Deal Ceiling / Trade Groups Complain to the CFPB / More Ocwen Legal Headaches

September 8, 2016
Paul Muolo and Thomas Ressler
More legal headaches for Ocwen? Looks that way...
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Fair Housing Groups Accuse BofA of Continuing to Neglect Foreclosed Properties in Certain Communities

September 8, 2016
Fair housing groups continue to press allegations that Bank of America has neglected foreclosed homes and created eyesores in African-American and Latino communities in more than 200 cities. The National Fair Housing Alliance, along with nine local fair housing organizations, filed an amended federal complaint against BofA last week. In the complaint they added a number of neighborhoods in six additional cities where investigations revealed foreclosed homes that have not been properly maintained. This brings...
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CFPB Examinations of Nonbank Mortgage Lenders Spike 220 Percent

September 7, 2016
Thomas Ressler
For depositories, the data generally show more overall scrutiny from the CFPB as well…
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Short Takes: A New Production Milestone for Citadel / Other Nonprime Funders / FBR Feels Quite Bullish About 2016 / A Focus on Mortgage-Centric Depositories / And the NPL Winners Are…

September 7, 2016
Paul Muolo
FBR & Co. raised its estimate on residential loan production for 2016: $1.90 trillion for 2016...
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Title Agents Respond to TRID Tweaks – and the Comments Aren’t Pretty

September 6, 2016
Thomas Ressler
One agent noted: “Consumers around the country continue to receive inaccurate information at the closing table about their title insurance costs...”
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