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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Small Banks Remain Just as Active Under CFPB’s Servicing Rules, GAO Finds

July 28, 2016
Small community lenders such as banks and credit unions not only have remained active in the mortgage servicing space under the Consumer Financial Protection Bureau’s mortgage-servicing rules, their market share of 13 percent in 2015 was double what it was in 2008 after the financial crisis, according to a new report from the Government Accountability Office. The largest community banks and credit unions accounted for most of the growth in the share of servicing by community banks and credit unions, the report said. Many of the representatives from 16 community lenders that GAO interviewed said...
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Democratic Platform Would Expand Foreclosure Prevention, Increase Access to Affordable Housing

July 28, 2016
The Democratic Party wants to expand programs to prevent foreclosure, increase access to affordable housing and preserve the 30-year fixed-rate mortgage, according to its recently released 2016 platform. “Whereas the Republican Presidential nominee rooted for the housing crisis, Democrats will continue to fight for those families who suffered the loss of their homes,” the document says. “We will help those who are working toward a path of financial stability and will put sustainable homeownership into the reach of more families.” Democrats want...
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Appeals Court Upholds Class Decertification in Mortgage Case Despite Favorable Jury Verdict

July 28, 2016
Class-action plaintiffs might not be assured of a final victory despite a favorable jury verdict in the wake of the U.S. Court of Appeals for the Second Circuit’s affirmation of district courts’ power to decertify a class even after a jury verdict. Industry attorneys say that the court’s recent ruling in Mazzei v. The Money Store means that defendants can obtain decertification of a class action not only leading up to trial, but even after a jury verdict in favor of the class. In Mazzei, the Second Circuit reaffirmed...
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Short Takes: Will the Last Jumbo Securitizer Left in the Business Please Turn Off the Lights / A Positive Word on Ocwen / Ocwen’s Irony / A Tidbit on One of MBA’s New Members / Strong MI Results for Arch

July 28, 2016
Paul Muolo
JGWHL’s parent company was recently delisted by the New York Stock Exchange…
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CFPB Fines Santander Bank $10M Because of Overdraft Practices

July 28, 2016
In a warning to other lenders on the importance of proper vendor oversight, the CFPB recently brought a$10 million enforcement action against Santander Bank, based in Wilmington, DE, because of its allegedly illegal overdraft services practices. Among the practices at issue, the bureau said the bank signed up consumers for overdraft services without their consent. “In some instances, Santander’s telemarketerbriefly described [the bank’s] Account Protector [service] to consumers, then asked for the last four digits of their Social Security numbers, and enrolled them without their consent,” said the CFPB. “In other instances, consumers said they did not want to enroll but requested information about the overdraft service, but the telemarketer enrolled them anyway,” the bureau added. Also, call ...
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Small Commercial Banks Quietly Amassing MSR Market Share

July 27, 2016
Brandon Ivey
Smaller depositories held 8.0 percent of the banking industry’s total mortgage servicing assets in 2015, up from a share of less than 2.0 percent as recently as 2009.
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Servicers Wonder How Much Time the CFPB Will Give Them on New Rules

July 27, 2016
Thomas Ressler
“We have a pretty good idea of what the bureau is going to do in substance,” said Donald Lampe, a partner in the financial services group at Morrison & Foerster…
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GOP Lawmakers Request Outside Review of the FHFA Inspector General

July 26, 2016
Carisa Chappell
Sen. Grassley pointed out that production decreased after Wertheimer’s tenure began in September 2014 with just three audit reports produced in 2015.
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Short Takes: Ginnie Mae MSR Demand: Deadly Slow? / FHFA IG Says Agency Shirking Its Duty / Summer Foreclosure Rates Looking Good (for Consumers) / Prepayment Speeds Spike / A New Hire at NCB

July 26, 2016
Paul Muolo, Brandon Ivey, Sherry Muolo, and Carisa Chappell
The IG accused the FHFA of shirking its responsibility to effectively examine Fannie Mae and Freddie Mac...
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In a Move to Boost Liquidity, Ginnie Will Update ‘Acknowledgment’ Agreement

July 25, 2016
Paul Muolo
Several large banks accept the current acknowledgement agreement, while others avoid it like the plague.
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