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Inside the CFPB
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Servicers Push for Court to Overturn FCC Order Aimed At Protecting Consumers from Unwanted Phone Calls

December 10, 2015
Mortgage trade groups submitted a strongly worded brief last week calling for an order by the Federal Communications Commission to be overturned. In June, the FCC issued an omnibus declaratory ruling and order involving the Telephone Consumer Protection Act. The order placed restrictions on auto-dialed calls to cell phones. Violators of the TCPA can be subject to fines of $500 per phone call. A challenge to the FCC’s order led by ACA International is set...
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New Federal Regulation to Make HAMP Mortgage Servicing Standards Permanent Looks Unlikely

December 10, 2015
Comments last week by a high-ranking official at the Treasury Department suggested that the Treasury was working toward making servicing standards in the Home Affordable Modification Program permanent. However, a source with knowledge of the Treasury’s efforts suggested that any continuation of HAMP servicing standards would be voluntary. Treasury Counselor Antonio Weiss said the Treasury has recently held several conversations with stakeholders to find common ground to continue the standardization and transparency that HAMP has brought to mortgage servicing. “Chief among these reforms are...
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Agencies Provide Updates on Mortgage Regs; In February Look for FHFA Rule on Captives and FHLB Membership

December 9, 2015
Thomas Ressler
Look for new FHLB membership rules from the FHFA by February 2016...
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Government Victories in Financial Crisis Lawsuits Against Officials at State Street, Jefferies Overturned

December 9, 2015
Brandon Ivey
More evidence that the government has a hard time holding on to victories in subprime-related mortgage cases...
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Short Takes: TRID Loan Delays, Yes / Nationstar Share Price Hits New Low / Mortgage Employment Not So Bad / Don’t Roll Your Student Loan into the Mortgage / Good News for MI Firms

December 9, 2015
Paul Muolo
The TRID rule delays loan closings by at least 11 days at this shop...
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GSE Buybacks Down Slightly in 3Q15 as Focus Shifts to More Recent Books

December 7, 2015
John Bancroft
During the worst of the buyback storm in late 2012 and early 2013, the GSEs reported over $18.51 billion of unresolved repurchase requests and as much as $13.22 billion in buybacks during a single quarter.
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Short Takes: The New York Times-MBA Dust Up / Risk-Sharing in Jeopardy? / Garrett Advises on an ‘Investor Diet’ / Credit Enhancement and the Hatteras Jumbo MBS Deal / Michigan Mutual Hires Daniel Jacobs

December 7, 2015
Paul Muolo, Brandon Ivey, and Sherry Muolo
What year-end slow down? Michigan Mortgage is searching for 14 new employees for ten of its 28 locations. A majority of the jobs are for loan officers and underwriter positions...
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Fannie Mae Allows for Pledge of Interest in ‘Servicing Compensation’

December 4, 2015
Brandon Ivey
Fleig said Fannie’s new policy has prompted some questions as industry participants haven’t seen a draft of the subordination agreement seller/servicers will have to sign.
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Lawsuits Against Trustees of Vintage Non-Agency MBS Continue, Investors File Class-Action Against Citibank

December 4, 2015
PIMCO led non-agency MBS investors in the filing of a class-action lawsuit against Citibank last week, alleging that Citi didn’t adequately perform trustee duties on MBS issued before the financial crisis. The lawsuit claims violations of New York’s Streit Act, which has been cited in several other lawsuits against trustees. PIMCO et al v Citibank was filed in New York’s state supreme court. Other investors involved in the filing include AEGON, Kore Advisors, Prudential and Sealink Funding Limited, and the plaintiffs aim to include all that have invested in 25 non-agency MBS where Citi is the trustee. The deals were issued...
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Morningstar Proposes New Criteria for Residential MBS, Previous Criteria Failed to Get Much Business

December 4, 2015
Morningstar Credit Ratings proposed new criteria this week to rate residential MBS. The rating service published similar criteria in May but Morningstar has only rated one deal backed by new residential mortgages since then. The biggest addition in the proposed criteria details how Morningstar plans to handle transactions that include primary mortgage insurance. The provision could help Morningstar rate risk-sharing transactions from the government-sponsored enterprises. The rating service said...
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