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Inside the CFPB
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With TRID Liability Uncertain, Error Cures Assume Oversized Importance. Attorney Details How to Cope

June 30, 2016
Given the extensive and uncertain administrative, civil and contractual liabilities mortgage lenders are confronted with under the new TRID disclosure regime, anxiety about the inevitable mistakes that will occur remain high. But there are a few remedies available to lenders. During a presentation at the recent American Bankers Association regulatory compliance conference in San Diego, Rich Horn, founding attorney at Rich Horn Legal in Washington, DC, spelled out just what options exist for mortgage lenders to “cure” loans with defects under the Consumer Financial Protection Bureau’s integrated-disclosure rule. “If you have liability for a TRID violation, how do...
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Borrower Seeks Class Certification in FCRA Suit Against Fannie Mae, Alleges Unfair Post-Bankruptcy Inquiry

June 30, 2016
A borrower recently filed a lawsuit seeking class-action status against Fannie Mae related to an inquiry made into his credit file after his bankruptcy process was completed. Some attorneys said the case hints at a new type of lawsuit on the horizon stemming from the Fair Credit Reporting Act. Grant Bailey alleges that the government-sponsored enterprise made unauthorized inquiries into his credit after bankruptcy released him from any debt he owed to Fannie. Bailey filed documents in federal court on June 15 stating that the inquiry without his consent was not permissible under the FCRA and did not serve any legitimate business need. These allegations represent...
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Servicing Litigation Continues to Stalk the Industry: Ocwen, Nationstar and Cenlar Are Under Fire

June 30, 2016
Last week, Ocwen Financial agreed to a $30 million settlement with the Department of Justice regarding two lawsuits that alleged violations of the False Claims Act. The lawsuits alleged that Ocwen Loan Servicing and Ocwen’s Homeward Residential division violated the FCA by falsely certifying their compliance with the Home Affordable Modification Program and FHA insurance programs, thus rendering all HAMP incentive and FHA insurance payments on Ocwen- or Homeward-serviced loans false claims. One of the cases was scheduled...
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Short Takes: MI Sector Begins to Bounce / A GSE Price Cut, Not an FHA One? / Another Ginnie Mae Summit? / Arch Issues Report on Housing Price Risk / Phoenix Out with New Flow MSR Deals

June 30, 2016
Paul Muolo
MI firms are seeing an improvement in their stock prices of late...
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FHFA Examiners Worry About Inability of GSEs to Build Capital; Risk-Transfer Costs a Concern Too

June 29, 2016
Carisa Chappell
FHFA examiners suggest that eventually Fannie and Freddie could have a negative net worth position once the capital buffer falls to zero…
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Mortgage Complaints Held Steady in Third Place in May

June 29, 2016
Thomas Ressler
Ocwen experienced the greatest percentage decrease in average monthly complaint volume from the first quarter of 2015 to 1Q16. Then again, Ocwen's servicing portfolio has been shrinking.
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PennyMac SVP of Business Development Bolts for Think Tank; Bright Worked for Sen. Corker

June 29, 2016
Paul Muolo
During his career, Bright has worked for Sen. Bob Corker, who supposedly is on Donald Trump’s short list of VP candidates…
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FHFA Eager to Expand ‘Credit Risk Transfer’ Deals, Launches New Comment Period

June 29, 2016
Carisa Chappell and Paul Muolo
FHFA officials said they favor transactions that are repeatable and scalable.
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A Warning from the CFPB: Mortgage Servicers Could be Legally Responsible for the Activities of Service Providers

June 28, 2016
Thomas Ressler
Residential servicers should note a greater emphasis in exams on the handling of consumer complaints…
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Short Takes: Fed Official Casts Doubt on Nonbanks? / The American House: A Terrible Investment? / Concern Over VA-Streamlined Refis? / Amherst Hires Barclays Mortgage Officials / A New 52-Week Low for Walter Investment

June 28, 2016
Brandon Ivey and Paul Muolo
A few weeks back, Walter Investment CEO and vice chairman Denmark Dixon resigned, but was given a $2.25 million cash payment as part of a separation agreement from the company.
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