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Inside the CFPB
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Senior HUD Official Golding Confirms That Downpayment Assistance Loans are Legal

May 26, 2016
Paul Muolo
The Golding memo signals that HUD and the IG have reached a meeting of minds on the issue.
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Origination Channel Mix Little Changed in Early 2016 Despite Disruption Caused by TRID Problems

May 26, 2016
Mortgage brokers grabbed a slightly bigger share of the originations market in the first quarter of 2016, according to a new Inside Mortgage Finance ranking and analysis. Mortgage brokers generated an estimated $38 billion of new home loans during the first quarter, a modest 2.7 percent increase from the previous period. Meanwhile, correspondent production declined by 0.8 percent to an estimated $122 billion and retail originations weakened by 2.2 percent. There appeared...[Includes four data tables]
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With Servicing Costs Steadily Rising, Is it Time to Think The Unthinkable: A Hike in GSE Servicing Compensation?

May 26, 2016
Although mortgage delinquency rates are once again at pre-crash levels, servicing costs continue to rise, leading some factions of the industry to ask whether Fannie Mae and Freddie Mac should increase the standard 25 basis point fee they pay to their servicers. The issue of higher servicing compensation was raised by an individual lender during the audience Q&A at a panel featuring the top single-family executives of the two government-sponsored enterprises at last week’s secondary market conference sponsored by the Mortgage Bankers Association. Both noted that servicing has changed significantly since the housing crisis, and that the Federal Housing Finance Agency has directed them to review servicing compensation. Subsequent interviews conducted by Inside Mortgage Finance revealed...
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CFPB Is Now Examining for TRID Compliance. Does This Mean the Grace Period is Over? We’ll See

May 26, 2016
Examination reviews by the Consumer Financial Protection Bureau for compliance with the integrated disclosure rule known as TRID are now in full swing, according to leading industry attorneys. That was the biggest take-away from a panel of three legal experts who were featured in a webinar hosted by Inside Mortgage Finance late last week that focused on CFPB examinations and how lenders can navigate their way through them. Although TRID was not a key focus of the webinar, it did come up as a topic during the question-and-answer period. The attorneys were asked...
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Guild Mortgage Digs In, Vows to Fight FCA Allegations, Says Punitive Environment at Odds with FHA Mission

May 26, 2016
Guild Mortgage vowed to defend itself against government charges that it improperly originated and underwrote mortgages, which later caused millions of dollars in losses to the FHA and taxpayers. In a statement released after the Department of Justice filed its complaint in federal district court in Washington, DC, last week, Mary Ann McGarry, president and chief executive officer of Guild Mortgage, said the government’s action is unwarranted and meritless. “The implication that any default on an FHA loan by a borrower represents wrongdoing by the lender is not justified...
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Supreme Court Ruling in Case Involving FCRA Seen As Helpful in Limiting Mortgage-Related Class Actions

May 26, 2016
A ruling last week by the Supreme Court of the United States was viewed by the Mortgage Bankers Association as potentially making it harder for plaintiffs to win class-action certifications. Spokeo, Inc. v. Robins involves alleged violations of the Fair Credit Reporting Act. Thomas Robins filed a class-action lawsuit against Spokeo, alleging that his profile on the firm’s website contained inaccurate information. Spokeo is an online aggregator of individuals’ contact- and credit-information. The case was initially dismissed...
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Mortgage Industry’s Pleas Largely Go Unheeded as DOL Issues Final Rule Regarding Overtime Standards

May 26, 2016
A final rule issued last week by the Department of Labor updating overtime regulations for white collar employees didn’t include many concessions called for by mortgage industry participants. The final rule sets the standard salary level for exempt executive, administrative, professional, outside sales, and computer employees, referred to as EAP employees, at the 40th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region. The final rule effectively doubled the salary white collar workers must be paid to be exempt from receiving overtime pay for working more than 40 hours a week. The new standard will result...
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House Eases LO Employment Transitions; Senate Passes FY 2017 FHA Funding Bill

May 26, 2016
The House this week approved legislation making it easier for loan officers working for depository institutions to go to work for nonbanks. Separately, the Senate last week approved a $39.2 billion fiscal 2017 funding bill for the Department of Housing and Urban Development. By a unanimous voice vote, House lawmakers approved H.R. 2121, the SAFE Transitional Licensing Act. The legislation provides for a 120-day temporary license for registered loan originators who change jobs and makes for an easier transition when moving from a financial institution to a state-licensed nonbank or to another state. Introduced last April by Rep. Steve Stivers, R-OH, the bill would require...
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Appraisers Balk at FHA Rule Adding Home Inspections; Checking the Pool?

May 25, 2016
George Brooks
Roofing and attic inspections, verifying whether a pool is operational and safe to use, checking sump pumps for any deficiency and checking crawl spaces elicited groans from appraisers...
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FHFA’s Watt Happy with FHLB Profits, but Worries About ‘Non-Core’ Assets, Insurers

May 25, 2016
Paul Muolo
Litigation settlements, of course, have played a role in the resurgence in profits at Fannie Mae and Freddie Mac, though the legal gravy train is just about over for those two.
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