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Inside the CFPB
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SEC Progressing on Rulemakings for Conflicts Of Interest at Credit Rating Agencies, ABS Deals

December 4, 2015
Among the regulatory initiatives underway at the Securities and Exchange Commission is a potential crack-down on conflicts of interest at credit rating agencies. In the SEC’s latest regulatory agenda, the agency noted that its Office of Credit Ratings is “considering recommending that the commission propose rules and amendments designed to address the conflicts of interest associated with the issuer-pay business model.” In other words, at issue is...
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Judge Denies Motion to Quash Subpoena of Fannie Chair

December 4, 2015
In the ongoing Fairholme Funds v. The United States case, Judge Margaret Sweeney recently denied Fannie Mae’s motion to quash or invalidate a subpoena issued by the plaintiff’s counsel. As part of the discovery phase, Fairholme Funds asked that Egbert Perry, appointed chairman of the noard of Fannie in 2014 and board member since 2008, be called to testify in the case. In the motion, Fannie and Perry argued that based upon the discovery conducted so far, deposing Perry is “unnecessary and burdensome.” The court rejected that and other arguments made to relieve Perry of testifying. In the November order, Judge Sweeney said that the court permitted discovery in this case to ensure that plaintiffs would have every opportunity to...
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Wells Fargo Fights Back Against Cross-Selling Allegations

December 3, 2015
Brandon Ivey
In addition to state law, federal laws address cross-selling issues. The Real Estate Settlement Procedures Act, for example, covers referrals of settlement service business, like residential mortgage loans.
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Franklin American in $70 Million Settlement with DOJ Over FHA Underwriting; Pressure From Management?

December 3, 2015
Brandon Ivey
“Some of you work the regular hours with minimal extra ... and this will not work,” an assistant vice president and underwriting manager at Franklin American said in an email to underwriters...
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Short Takes: $3 Billion in Ginnie MSRs Up for Grabs / More Servicing Regulations from the CFPB / Sterne Agee Lowers Estimates on PHH / Which GSE CEO Leaves First? / LenderLive’s New Hire

December 3, 2015
Paul Muolo and Thomas Ressler
Now that President Obama has signed legislation to cap Fannie Mae/Freddie Mac CEO pay, which GSE chief will leave first?
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Quicken Cites FHA Certifications, Lawsuit as Reasons Why It May Bolt

December 3, 2015
Paul Muolo
In comments to IMFnews, Emerson accused the HUD Inspector General and DOJ of “hijacking” the FHA program.
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Warehouse Lending Slows Somewhat in 3Q15; Competition Heats Up as Banks Cut Pricing

December 3, 2015
Warehouse banks ended the third quarter with $46.0 billion of commitments on their books, a 4.2 percent sequential decline as residential originations in the primary market slowed and nonbank customers needed less credit. According to survey figures compiled by Inside Mortgage Finance, warehouse commitments at the end of September were up 27.8 percent from the same point in 2014. The quarterly decline was...
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Banks Face Some Regulatory Risk as They Try to Cross-Sell Financial Products to Mortgage Borrowers

December 3, 2015
Wells Fargo is reportedly under investigation for a practice that banks across the industry have relied on for years: cross-selling financial products to their customers. Big banks have been particularly upfront about how they see jumbo mortgages originated for portfolio as a way to cross-sell other products. Cross-selling financial products occurred without much regulatory scrutiny until a lawsuit by the Los Angeles City Attorney in May. LA City Attorney Mike Feuer alleged that Wells’ cross-selling activities violated California’s unfair competition law. The Office of the Comptroller of the Currency and the Federal Reserve Bank of San Francisco are also reportedly investigating Wells’ cross-selling. Feuer alleged...
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Regulators Provide Status Updates on Dozens Of Current and Pending Rulemaking Initiatives

December 3, 2015
Although most of the heavy lifting in writing new rules for the mortgage industry has passed, federal regulators still have some significant projects in the works, according to recently released semiannual regulatory agendas. The Federal Housing Finance Agency expects to release a proposed “duty-to-serve” regulation for Fannie Mae and Freddie Mac by the end of this year. The rulemaking was mandated by the 2008 Housing and Economic Recovery Act but hasn’t gotten much attention since the agency published an advance notice of proposed rulemaking back in August 2009. The FHFA is...
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Groups Believe ‘Jumpstart GSE Reform Act’ Would Hinder Fannie/Freddie Reform

December 2, 2015
Carisa Chappell
G-fees were tapped in a recent highway transportation bill, but eventually the language was stripped from the measure…
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