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Inside the CFPB
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Another Survey Finds TRID Helps Consumers

May 27, 2016
A recent closing survey of homebuyers, title agents, real estate attorneys and escrow agents by the American Land Title Association found that an increasing number of borrowers are reviewing their mortgage documents before they close on their new home under the integrated disclosure rule known as TRID. Among the findings, 92 percent of surveyed homebuyers are taking time to review their mortgage documents before the closing. “This compares to only 74 percent of ...
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High Level of State Oversight Needed

May 27, 2016
The rapid growth among nonbank mortgage servicers and its potentially adverse effect on consumer experience became a challenge in 2015, underscoring the importance of effective technology and the underlying systems that comprise a servicing platform, according to the latest state supervisory report on non-banks. The report by the Conference of State Bank Supervisors (CSBS) and the Multi-State Mortgage Committee (MMC) features the result of last year’s review of supervisory examinations and risk-assessment of nonbank mortgage servicers. The MMC is the oversight body responsible for the coordination and supervision of multi-state mortgage entities.
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FHFA-OIG Racks Up Funds from Criminal, Civil Investigations

May 27, 2016
The Federal Housing Finance Agency Office of Inspector General reported that the compensation resulting from six months of probes into criminal and civil investigations amounted to $3.6 billion. The bulk of the monetary damages awarded, more than $3 billion, was in civil settlements, while more than $480 million was from criminal fines, restitutions, forfeitures, and settlements. There were a total of 53 indictments, five trials, 73 convictions and 75 sentencings. Laura Wertheimer, inspector general at the FHFA, said when there’s not sufficient evident to refer a case for criminal charges, the FHFA will work to bring civil claims. One of those recent civil settlements was with Morgan Stanley, which agreed to pay a $2.7 billion penalty to resolve claims related to its mortgage-backed securities.
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TRID Compliance Exams Commence. Does This Mean the ‘Grace Period’ Is Over?

May 26, 2016
Thomas Ressler
Is it time to worry about the CFPB and TRID compliance exams? Indeed, it is...
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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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