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Inside the CFPB
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FHFA Rolls Out Principal Reduction Plan; Can it Fly?

April 14, 2016
Carisa Chappell and Paul Muolo
Servicers must round up eligible customers and present offers by October 15 of this year.
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The Ugly Reality for Non-Agency MBS: It Remains a ‘Recycling’ Project

April 14, 2016
John Bancroft
Some 59.6 percent of new issuance in the first quarter consisted of re-securitizations and deals backed by seasoned re-performing and nonperforming loans...
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CFPB Faces Hostile Questioning in Dispute with PHH; Case Likely Headed to the Supreme Court

April 14, 2016
Thomas Ressler
Trouble ahead for CFPB chief Richard Cordray? The judges asked: “What independent agencies now or historically have been headed by a single person…”
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Short Takes: Some Landmines for PHH? / Lots of Cash, At Least /A Little More on Kroll and TRID / Will the CFPB be Forced to Issue Official TRID Guidance? / TRID Webinar a Bust? / PrimeLending in New JV

April 14, 2016
Brandon Ivey and Paul Muolo
Although there hasn’t been a lot of good news on PHH of late, one analyst we spoke with noted a positive: “They still have plenty of cash on their books…”
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CFPB Faces Hostile Questions in Dispute with PHH; Appeal to SCOTUS Likely by Whomever Loses the Case

April 14, 2016
The mortgage industry found some justification to hope for a return to a more traditional interpretation of the Real Estate Settlement Procedures Act, after the Consumer Financial Protection Bureau took some judicial fire during oral arguments early this week in its dispute with PHH Corp. over the company’s captive mortgage reinsurance activity. The crux of the dispute is the bureau’s assertion that PHH violated RESPA and harmed consumers through a mortgage insurance kickback scheme tied to a captive MI company. Virtually all the major mortgage lenders used similar captive reinsurance entities prior to the financial collapse. In the run-up to this week’s oral arguments before the U.S. Court of Appeals for the District of Columbia, the justices seemed...
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CFPB’s Cordray Details Available TRID Cures, Still Provides No Clue on More Formal Guidance

April 14, 2016
Mortgage originators, securitizers and investors are no closer to getting any additional formal guidance from the Consumer Financial Protection Bureau when it comes to industry compliance with the agency’s controversial integrated disclosure rule. The rule, which took effect Oct. 3, 2015, combines the consumer disclosures required under the Truth in Lending Act and the Real Estate Settlement Procedures Act. During a hearing late last week before the Senate Banking, Housing and Urban Affairs Committee, CFPB Director Richard Cordray and Sen. Bob Corker, R-TN, briefly referenced...
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Next Up for the Blackstone Group and Finance of America: Non-QM Investing. How Big Can It Get?

April 14, 2016
Over the past year, The Blackstone Group has been aggressively expanding into many facets of the mortgage business and is now ready to make what might be considered a bold move: investing and originating in residential loans that don’t meet the qualified-mortgage test. But just how big might Blackstone get? That’s hard to say at this point. A source inside the company, who spoke under the condition his name not be used, confirmed...
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Wells Fargo Agrees to Pay $1.2 Billion to Resolve Charges Of Improper FHA Lending Practices Over 9-Year Period

April 14, 2016
Wells Fargo last week reached an agreement to pay $1.2 billion to the federal government to resolve certification and reporting violations in connection with FHA-insured loans. The settlement is the largest recovery for loan-origination violations in FHA history, according to Housing and Urban Development Secretary Julian Castro. The April 8 court filing details an agreement in principle, which Wells Fargo announced in February, that resolves not only a pending lawsuit filed by the U.S. Attorney for the Southern District of New York, but also a number of potential claims dating as far back as 15 years in some cases, according to a statement issued by Wells Fargo. According to the settlement, Wells Fargo “admitted...
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GAO Recommends Stronger Oversight of Nonbank Servicers, Suggests Giving FHFA More Authority

April 14, 2016
With steady growth over the past four years, nonbank mortgage servicers should have more regulatory oversight, according to a recently released study by the U.S. Government Accountability Office. Several agencies, including the Conference of State Bank Supervisors and the Federal Housing Finance Agency, agreed with that recommendation. The share of home mortgages serviced by nonbanks tripled from 2012 to midyear 2015, growing from approximately 6.8 percent to 24.2 percent, the GAO said. The GAO recommended...
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Are the GSEs Buying Mortgages That Really Aren’t TRID Compliant? Does it Matter?

April 14, 2016
Paul Muolo
The source continued: “Fannie and Freddie have the right to put non-compliant loans back to the originator. Eventually, someone will ask whether they knowingly bought loans that had TRID violations…"
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