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Inside the CFPB
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JPMorgan, FDIC Near Settlement with Defunct WaMu, DOJ Asks Second Circuit for Another Shot at ‘HUSTLE’

August 12, 2016
JPMorgan Chase is a step closer to settling a dispute with Deutsche Bank and the Federal Deposit Insurance Corp. over certain mortgage securitization agreements in connection with the government’s takeover of failed mortgage lender Washington Mutual. According to Chase’s most recent 10-Q filing with the Securities and Exchange Commission, the firm, Deutsche Bank and the FDIC have signed a term sheet to resolve pending litigation brought by the German bank against Chase and the FDIC in relation to WaMu as well as Chase’s outstanding indemnification claims pursuant to the terms of the purchase-and-assumption agreement with the FDIC. The term sheet is subject...
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Latest Batch of Documents Unsealed in GSE Shareholder Case Focuses on Treasury’s Control Over Fannie, Freddie

August 12, 2016
A federal judge rejected efforts by the government to keep a new batch of official memos and other documents from being disclosed in the ongoing legal war over the terms of the conservatorships of Fannie Mae and Freddie Mac. U.S. Court of Federal Claims Judge Margaret Sweeney released a new set of documents that included a brief excerpt of former White House housing policy expert Jim Parrott’s deposition from January, a presentation from the Federal Housing Finance Agency in 2008 and several memos dating back to 2008 and 2012. Sweeney rejected...
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CFPB’s TRID Proposed Rule Prompts Optimism

August 12, 2016
The proposed rule from the Consumer Financial Protection Bureau addressing the TILA-RESPA Integrated Disclosure rule will likely help the non-agency market, according to industry participants. However, there’s also some frustration that the CFPB didn’t do as much as it could have to address cures and assignee liability. Industry attorneys note that if enough comments are submitted on the issues, the CFPB might make further changes to TRID. The changes proposed by the CFPB ...
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The Industry Caught One Big Break on the TRID 2.0 Proposal: Sharing Disclosures with Others

August 11, 2016
Thomas Ressler
Many lenders were concerned about the privacy implications of giving the borrower's closing disclosure to the real estate agent.
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The Mandate Continues: GSE Mortgage Portfolios Down to $637 Billion

August 11, 2016
John Bancroft
The GSEs have reduced their holdings of subprime MBS to just $17.5 billion.
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The CFPB Unveils its Final Servicing Rule and the Industry Groans

August 11, 2016
Brandon Ivey
Most of the new requirements under the CFPB servicing rule will take effect in a year…
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Mortgage Brokers Upset with How CFPB Handled Small Business Panel for LO Comp Rule

August 11, 2016
Brandon Ivey
Several mortgage brokers believe their industry wasn’t well represented on the panel…
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Relationship with Fannie CEO at Heart of Decision to Fire Fifth Third General Counsel. So Far, Industry Questions Bank’s Decision

August 11, 2016
Paul Muolo
According to figures compiled by Inside The GSEs, Fifth Third doesn’t even rank among Fannie’s 40 largest customers and sells almost 70 percent of his home mortgages to Freddie Mac, based on July data.
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Short Takes: When Donald Met the NAHB / No New Regulations? / Foreclosures Rise on a Sequential Basis / Good News for the FHA MMIF / New Hire at Incenter

August 11, 2016
Paul Muolo and Sherry Muolo
Earlier in the week, candidate Trump warmed the hearts of banking and financial services executives everywhere when he said he would propose a moratorium on all new financial regulations…
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Final Rule Mandates More Loss Mitigation Consideration for Troubled Borrowers, Protections for Successors in Interest

August 11, 2016
A final rule issued late last week by the Consumer Financial Protection Bureau will add compliance burdens for mortgage servicers, according to industry participants. It includes new requirements for loss mitigation evaluations and standards for successors in interest to deceased borrowers. “The bureau believes that the majority of the provisions in this final rule would impose, at most, minimal new compliance burdens, and in many cases would reduce the compliance burden relative to the existing rules,” the CFPB said. Jonathan Kolodziej, an associate at the law firm of Bradley Arant Boult Cummings, said...
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