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Inside the CFPB
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A Quiet Surprise: FHFA Sets ‘Minimum Base’ G-Fee for Fannie Mae and Freddie Mac

August 4, 2016
John Bancroft
FHFA officials said the directive is not being made available to the public.
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Short Takes: PennyMac Financial Strikes Deal on Distressed MSRs / A Loss for the PennyMac REIT / Two Harbor’s Last Jumbo MBS / JPMorgan Chase Readies New Deal / Apps Drop / A New Hire for Silver Hill

August 4, 2016
Brandon Ivey, Macie Jones, and Paul Muolo
Looks like JPMorgan Chase is getting ready to issue yet another jumbo MBS...
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CFPB Codifies New Foreclosure Prevention Rules. The ‘Only Once’ Rule is Out the Door

August 4, 2016
Paul Muolo
Under the agency’s current rules, residential servicers must tell a mortgagor about their foreclosure prevention options just once over the life of a loan.
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TRID 2.0 Contains No Additional Cure Provisions, Gives Guidance on Sharing Disclosures, Other Issues

August 4, 2016
The Consumer Financial Protection Bureau is not proposing any additional cure provisions in its proposed rule to update and clarify certain aspects of its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, known as TRID. The TRID 2.0 proposed rule was released late last week. Former CFPB official Quyen Truong, now a partner in the Washington, DC, office of the Stroock & Stroock & Lavan LLP law firm, told...
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Are Megabanks the Winners as Jumbo Conduits Close And CFPB Punts on New TRID ‘Cure’ Language?

August 4, 2016
Nonbank jumbo originators may soon find themselves at a pricing disadvantage to depositories thanks to recent events beyond their control: two jumbo conduits calling it quits and updated regulatory language that offers no comfort when it comes to curing “TRID” errors. Industry veteran Bill Dallas, who runs nonbank lender Skyline Home Loans, Calabasas, CA, put it bluntly, saying: “Banks appear to be the big jumbo winners – Union Bank and others.” He said jumbo production is a low-margin business but a necessity in California. The CEO noted...
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GSE Guaranty Fees Held Steady During 2Q16 as FHFA Sets ‘Minimum Base’ G-Fee

August 4, 2016
The Federal Housing Finance Agency so far has resisted calls to lower guaranty fees charged by Fannie Mae and Freddie Mac and quietly set a “minimum base guaranty fee” for the two government-sponsored enterprises. The FHFA directive was revealed in the 10-Q filings issued by the two GSEs this week accompanying second-quarter financial results that showed a combined $3.94 billion in net income. Their Securities and Exchange Commission filings, however, provided little detail about what the minimum base fee is. “In July 2016,” Fannie’s 10-Q states...
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Mortgage Industry Urges U.S. Supreme Court to Rule Against Fees Charged by Connecticut Aimed at MERS

August 4, 2016
Mortgage industry trade groups filed a brief last week asking the Supreme Court of the United States to take up a case involving fees charged by Connecticut aimed at mortgage recordings by Mortgage Electronic Registration Systems. In February, Connecticut’s Supreme Court upheld fees imposed by the state in 2013 that tripled charges for mortgages recorded with MERS compared with non-MERS recording fees in the case of MERSCORP Holdings v. Dannel Malloy. In the new brief, industry participants caution...
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FDIC Proposes Standards for Oversight Of Third-Party Lending Activities at Banks

August 4, 2016
Banks that participate in third-party lending, including mortgage originations, would be subject to greater scrutiny, according to proposed examination guidance issued late last week by the Federal Deposit Insurance Corp. The FDIC said third-party lending is an arrangement that relies on a third party to perform a significant aspect of the origination process, including marketing, borrower solicitation, underwriting, loan pricing, loan origination, customer service, consumer disclosures, regulatory compliance, servicing, debt collection, and data collection, aggregation or reporting. An agency spokesperson said...
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Why Aren’t There More Subprime Originations? A Lack of Incentives for LOs, Perhaps?

August 3, 2016
Brandon Ivey
Caliber has loosened requirements for its nonprime production, making changes to guidelines every six weeks or so…
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CFPB Has its Say on Foreclosure Prevention, Publishes ‘Guardrails’ for Servicers

August 3, 2016
Thomas Ressler
The principles released Tuesday are separate from and independent of the finalized amendments to the CFPB’s 2013 mortgage servicing rules, which are expected in several weeks.
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