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Inside the CFPB
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NCUA Chalks Up Another RMBS Settlement As Morgan Stanley Agrees to Pay $225 Million

December 18, 2015
The legacy of the housing bust continues to play out in the enforcement arena. Last week, the National Credit Union Administration announced a $225 million settlement with Morgan Stanley, bringing to a close litigation stemming from the purchase of allegedly faulty residential MBS by four corporate credit unions that ultimately failed. The settlement addresses claims brought in 2013 by the NCUA on behalf of U.S. Central Federal Credit Union, Western Corporate FCU, Members United Corporate FCU and Southwest Corporate FCU. As a result of the settlement, the NCUA will dismiss pending suits against Morgan Stanley in federal district courts in New York and Kansas. The firm did not admit...
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Basel Proposes Credit Ratings to Gauge Certain Credit Risk, Likely Setting Up Divergence Among Regulators

December 18, 2015
The Basel Committee on Banking Supervision issued a revised proposed standardized approach for gauging credit risk, making adjustments suggested by industry participants. Among the revisions was the allowance for certain banks to use external credit ratings as part of determining capital requirements for credit risk. While regulators in various countries appear likely to adopt the proposed use of credit ratings, U.S. banking regulators wouldn’t be able to due to provisions in the Dodd-Frank Act. Anticipating the divergence among regulators, the BCBS noted that banks would classify exposures into three different buckets, provided that certain minimum criteria are met. U.S. banking regulators noted...
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What We’re Hearing: No Trouble or Big Maybe-Trouble for PHH? / The Key Bank Dilemma / Subprime Ready to Roar? / What’s a ‘Safe’ Level for Subprime? / Chronos in M&A Deal / TRID Fines of $5K Per Day Per Violation

December 18, 2015
Paul Muolo
Rod Alba of ABA offered up this sobering thought: for violating the TRID rule, lenders could be fined up to $5,000 per violation, per day.
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Vendors Still Scrambling to Help Lenders with TRID

December 18, 2015
More than two months into the Consumer Financial Protection Bureau’s integrated disclosure rule, known as TRID, many lenders apparently are still at the mercy of their technology vendors to get fully and finally up to speed. “Our members report that problems and glitches are still prevalent everywhere,” said Rodrigo Alba, senior regulatory counsel at the American Bankers Association, during a webinar this week sponsored by Inside Mortgage Finance, an affiliated publication ...
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Wells Set for Settlement Involving Inspections

December 18, 2015
Wells Fargo is close to reaching a $25.75 million settlement of a class-action lawsuit involving delinquent borrowers who were charged fees for property inspections. The settlement would resolve allegations of violations of the Racketeer Influenced and Corrupt Organizations Act, among other issues. The bank has denied the allegations while noting that it desires to settle the lawsuit to avoid “the burden, expense and uncertainty of continuing litigation.” The lawsuit, Young v. Wells Fargo ...
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Watchdog Group Requests DOJ Investigation Following NYT Article

December 18, 2015
There was a flurry of activity, including a call for an investigation by the Department of Justice of Mortgage Bankers Association President David Stevens and two others, following a Dec. 7 New York Times piece criticizing the Obama administration and MBA for looking to shut down the GSEs. Stevens, along with Michael Berman, a former MBA chair, and Jim Parrott, senior fellow at the Urban Institute, all former government officials turned private-sector employees, each met with housing policy officials at the White House after leaving their government posts, according to a guest log review by the New York Times.
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Look for TRID Compliance Exams by Mid-Year 2016; Fear of a Credit Crunch?

December 17, 2015
Paul Muolo and Thomas Ressler
The CFPB will scrutinize a lender's TRID training and, potentially its handling of early technical problems, said one webinar panelist...
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FHFA GSE Scorecard for 2016: A Lot More Credit Risk Transfers, Looser Underwriting, More…

December 17, 2015
Paul Muolo
The FHFA also is promising to evaluate GSE underwriting criteria to improve access to single-family credit...
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Short Takes: Comments Being Taken on Front-End Risk Sharing / FHFA Contemplates MIs Once Again / Will Stock Buyback Help Nationstar? / The Fed Hikes Rates and Mortgage Bankers Yawn / Apps Up

December 17, 2015
Brandon Ivey, Paul Muolo, and Sherry Muolo
The Fed hiked rates. So what! It was already built into current pricing...
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GSE ‘Reform’ Provisions Included in 2016 Omnibus Spending Bill, But No Ban on GSE Borrower Tax

December 17, 2015
Congress looks poised to enact its second piece of legislation involving the two government-sponsored enterprises that have been in conservatorship for over seven years. Lawmakers included the “Jumpstart GSE Reform Act” in a fiscal 2016 omnibus spending bill that is expected to be approved late this week. The first piece of GSE legislation enacted by Congress affected just two people, rolling back pay raises awarded to the CEOs of Fannie Mae and Freddie Mac early in 2015. The “Jumpstart” language is more daring by barring the Treasury Department from doing something it has no intention of doing: selling its preferred stock in the GSEs without Congressional approval. The original Jumpstart legislation, sponsored by Sens. Bob Corker, R-TN, Mark Warner, D-VA, and Elizabeth Warren, D-MA, also would have blocked...
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