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Inside the CFPB
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What We’re Hearing: The Mother of All GSE Bets / If Fairholme’s Berkowitz is Wrong… / Why Would the U.S. Even Entertain Settlement Talks? / PHH Management Believes / PIMCO on the Hunt

February 26, 2016
Paul Muolo
One of those GSE watchers is Bose George of Keefe, Bruyette & Woods, who told us: “I see no reason for the administration to negotiate in any meaningful way with the plaintiffs..."
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Court Case with Pre-Crisis Loan Sets Precedent

February 26, 2016
An appeals court in Massachusetts recently ruled in favor of a borrower in a case involving the determination of the borrower’s ability to repay a balloon mortgage, setting a concerning precedent, according to industry lawyers. Moronta v. Nationstar Mortgage involves a refinance originated by Fremont Investment & Loan in January 2007 for a borrower in Quincy, MA. The refi included a first-lien 3/1 adjustable-rate mortgage that amortized over 50 years with a ...
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News Briefs

February 26, 2016
The Consumer Financial Protection Bureau last week published its policy for issuing no-action letters for certain innovative financial products. Lenders had called for the policy but industry analysts caution that no-action letters from the CFPB won’t necessarily be helpful. Under the policy, lenders can apply for a no-action letter from the CFPB. The regulator said it will review applications for such letters and in certain circumstances indicate that ... [Includes three briefs]
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Around the Industry

February 26, 2016
Carol Galante, former head of the FHA, has been named to Ocwen Financial’s board of directors. Galante left the FHA in August 2014 to take on the position of faculty director with the Terner Center for Housing Innovation at the University of California, Berkeley. Current director Phyllis Caldwell was elevated...
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CFPB’s ‘No-Action’ Policy Could Stymie Mortgage Innovation

February 25, 2016
Thomas Ressler
Mortgage product innovation could be dead thanks to a new policy from the CFPB...
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Short Takes: Don’t Cry For Me Democrats Who are Jumbo Borrowers / TRID Rule Nicks Xome / ‘Inorganic’ Growth for PHH / PennyMac Steps Up Buybacks of Common Shares / Fewer Gripes About Debt Collection Practices

February 25, 2016
Paul Muolo and Thomas Ressler
Suddenly, mortgage firms left and right are buying back common stock in the open market...
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Nonbank Mortgage Firms’ Profits Weaken In 4Q15. The Evidence Leads to TRID

February 25, 2016
Many small and medium-sized nonbanks have been earning steady profits the past three years, but all that ended in the fourth quarter of 2015, thanks to the integrated disclosure rule known as TRID. At least that’s what some warehouse managers told Inside Mortgage Finance. These credit executives, who spoke under the condition their names not be used, were somewhat surprised by the development, but were quick to caution that about a third of their clients posted losses. The managers also noted...
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Fannie/Freddie Earnings Up in 2015 as More Earnings Come from MBS Guaranty Fees

February 25, 2016
Guaranty-fee income increased in 2015 at Fannie Mae and Freddie Mac despite the fact that average g-fees on new business acquisitions were down slightly. The two government-sponsored enterprises reported a combined $17.33 billion in net income for all of last year, a 20.9 percent drop from 2014. However, g-fee income at the two GSEs was up 8.2 percent from 2014 to 2015, and continued to account for a growing share of their income as their investment portfolios shrank. G-fee income did not climb...
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FHFA Director Watt is Concerned About Disappearing GSE Capital. Will He Pull the Recapitalization Lever?

February 25, 2016
The odds are currently zero that Congress will find a legislative solution to the future of Fannie Mae and Freddie Mac this year, which is causing anxiety for the man charged with being both conservator and regulator to the government-sponsored enterprises: Mel Watt, director of the Federal Housing Finance Agency. Moreover, there is a growing concern among mortgage bankers that severe interest swings to the downside could cause a large net loss at Freddie in the first quarter of this year, a loss so large it will force the GSE to ask the U.S. Treasury for a draw on taxpayer funds. And it will happen...
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CFPB No-Action Policy on Financial Services Innovation Likely to Stymie New Mortgages

February 25, 2016
Last week, the Consumer Financial Protection Bureau finalized its “no-action” policy towards market innovators that develop new financial services products, adopting its proposal largely unchanged. But industry experts think the new policy is not only useless but actually counterproductive in that it will likely discourage lenders from developing new loan products in an evolving mortgage market – not foster more innovation. This new policy – created under the CFPB’s Project Catalyst – “is designed to improve access to consumer financial products and services that promise substantial consumer benefits,” said CFPB Director Richard Cordray. “We want to foster a consumer financial marketplace where companies develop safe, innovative products and approaches that can help make people’s lives better.” Under the policy, bureau staff would issue...
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