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Inside the CFPB
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Wells Fargo Files 13G on Ocwen Ownership, but It’s Not What You Think

February 1, 2016
Paul Muolo
Although Wells does not own the shares per se, it shows that some of the bank’s wealthier clients are speculating in Ocwen’s stock.
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Short Takes: Equifax Includes FHA in its ‘Subprime’ Numbers / When is Subprime Not FHA? / It Appears PHH is Trading at a Discount / A Jumbo Loan for the Playboy Mansion? / President Trump Might Free the GSEs

February 1, 2016
Brandon Ivey and Paul Muolo
Super-jumbo lenders take note: Hugh Hefner’s Playboy mansion is now officially for sale.
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A Secondary Market Develops for ‘Scratch & Dent’ TRID Loans; Mid-America, Others are Buying

February 1, 2016
Paul Muolo
One company that confirmed its interest in scratch-and-dent TRID loans is Mid America Mortgage.
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Busy Time for MBS Litigation Marked by Settlements, Set-Asides, Dismissal, Court Win

January 29, 2016
Federal courts and a state attorney general have been busy this past week churning out decisions and announcing settlements on a number of cases involving legacy non-agency MBS, Wall Street financial institutions and pension funds. A hearing on a proposed $272 million cash settlement of two class-action lawsuits against Goldman Sachs involving legacy MBS will be held on April 13, 2016, at 10 a.m. in U.S. District Court for the Southern District of New York. Attorneys for the plaintiffs, NECA-IBEW Health & Welfare Fund and the Police and Fire Retirement System of the City of Detroit, sent out...
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GSE Shareholders Argue Treasury Sweep Illegal, Look to Higher Courts for Clarity on State Law

January 29, 2016
Investors in Fannie Mae and Freddie Mac stock haven’t had a lot of success challenging the federal government’s quarterly earnings sweep at the two government-sponsored enterprises, but they’re looking for better results in the two states where the GSEs are chartered. The plaintiffs, David Jacobs and Gary Hindes on behalf of themselves and other shareholders, said state law prohibits the preferred stock of a corporation from getting a cumulative dividend right equal to all the net worth of the corporation. Their lawsuit is pending in the state supreme courts of Delaware, where Fannie is chartered, and Virginia, Freddie’s corporate domicile. The filing pointed...
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Fitch Revises MBS Rating Criteria, Allowing For Differentiation in Due Diligence Based on Asset Types

January 29, 2016
Fitch Ratings will allow for differences in third-party due diligence practices when rating various types of residential MBS, granting concessions to risk-sharing transactions from the government-sponsored enterprises. The firm released revised master-rating criteria late last week. Among the changes compared with criteria that were released in October was an allowance for differences among non-agency MBS backed by recent originations, transactions related to the GSEs and non-agency MBS backed by seasoned loans. While most jumbo MBS issued in recent years have included third-party due diligence reviews of 100 percent of the loans in a deal, the GSEs’ much larger risk-sharing transactions have been...
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‘Captives’ Contemplate a Way to Stay in the FHLB System: Legislation or Lawsuit?

January 29, 2016
Carisa Chappell
REITs have enjoyed this financial advantage so much that it’s unlikely they will fold on the issue without some type of battle.
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Do GSE Plaintiffs Have a Shot in State Court Regarding the Earnings ‘Sweep’?

January 29, 2016
Carisa Chappell
The plaintiffs argue that state law prohibits the preferred stock of a corporation from getting a cumulative dividend right equal to all of a company's net worth...
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What We’re Hearing: Oh, and Here’s a New Fee / Losing Money on Loans Because of TRID? / Too Embarrassed to Give TRID Results? / What Would Ed DeMarco Say Now? / Phoenix Out with New MSR Deal / Promotions at Stonegate

January 29, 2016
Paul Muolo
90 cents on the dollar for a mortgage with TRID errors? That can't be welcome news...
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VA Issues Guide to Understanding Interim Qualified Mortgage Rule

January 29, 2016
The Department of Veterans Affairs has issued guidance to help VA lenders understand better the agency’s interim final rule on a borrower’s ability to repay and qualified mortgages. The guidance was published in a frequently asked questions (FAQs) format to clarify and explain both the VA’s ATR and QM standards. The VA interim final rule became effective on May 9, 2014, the date it was published in the Federal Register. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires residential mortgage lenders to make a reasonable and good faith determination that the consumer has a reasonable ability to repay the loan according to its terms. The statute directed the Consumer Financial Protection Bureau to develop and implement an ATR/QM rule. Under the CFPB’s final rule, a qualified mortgage is a category of loans that have certain, more stable features that ...
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