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Inside the CFPB
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The CFPB Hasn’t Outlawed MSAs Quite Yet, but It Sure Feels Like It

November 6, 2015
Thomas Ressler
A helpful piece of advice: MSA participants should avoid entering into agreements that provide for exclusivity, such as being named a preferred lender.
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The Coming HMDA Challenge: Accurately ‘Capturing’ Mortgage Data

November 6, 2015
Thomas Ressler
System upgrades, increased staffing and other costs also are driving industry anxiety, Wolters found.
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Nonbanks May Rise Again in MBS Trading As ‘Liquidity Crisis’ Results in Fewer Trades

November 6, 2015
When it comes to trading in agency MBS, Deutsche Bank is heading for the exits as a lack of volume in a once-thriving profit center continues to head south. Granted, Deutsche’s departure from the space is part of a huge worldwide restructuring at the German-based bank, but with MBS trading volume falling to a 13-year low last year – and not looking much better this year – the decision was likely an easy one. Chris Whalen, senior managing director at Kroll Bond Rating Agency, said...
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Wall Street to Weigh in With SCOTUS on Debt Buyer Case With Implications for Consumer Loan Securitization

November 6, 2015
The Structured Finance Industry Group and Securities Industry and Financial Markets Association plan to file a “friend of the court” brief with the Supreme Court of the United States in support of a defendant in a case affecting consumer ABS – the severity of which is a matter of debate. In the case of Madden v. Midland Funding, the Second Circuit Court of Appeals back in May determined that a debt buyer who purchased defaulted credit card accounts from a national bank is not entitled to collect interest under the National Bank Act at the rate set in the cardholder agreement. About a month later, SFIG and SIFMA filed...
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Bank of America Reaches $335 Million Settlement With Shareholders to Resolve Robocall-Related Class Action

November 6, 2015
Bank of America has disclosed a $335 million settlement with a Pennsylvania public school pension fund, ending a four-year class-action lawsuit brought by shareholders. BofA made the disclosure without much detail in its 10-K filing. According to the bank, the $335 million, which will be used to settle multiple claims, was fully accrued as of June 30, 2015. A bank spokesman declined to comment on the settlement. Shareholders led...
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What We’re Hearing: PHH, the Poster Child of Regulatory Scrutiny / $106 Million in Legal Reserves and Counting / Will Rep. Garrett Congratulate Freddie on What Might be a Blow-Out 4Q? / PennyMac Shines / Pinto Slams the Fed

November 6, 2015
Paul Muolo
Now that rates are rising, one might expect Freddie to have a blow-out quarter in 4Q. Will Rep. Garrett issue a statement in February congratulating the GSE on a great job?
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Technology Vendors Feeling the Heat on TRID

November 6, 2015
Vendors that have been supplying the mortgage lending community with the technology necessary to implement the Consumer Financial Protection Bureau’s integrated disclosure rule are suddenly under regulatory scrutiny over the struggles some lenders have had in being fully compliant with the new regulation. The so-called TRID rule took effect Oct. 3, 2015. A dark cloud began...
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Credit Box Tightened in 2Q, CFPC Index Shows

November 6, 2015
Mortgage lenders made it tougher for borrowers to obtain mortgage credit in the second quarter of 2015 compared to the first three months of the year. The mortgage credit availability index overall fell slightly in the second quarter to 5.3, down from 5.5 in the prior quarter, although that level still remains above the low of 4.6 in the third quarter of 2013, according to the Urban Institute’s Housing Finance Policy Center (HFPC). The HFPC uses...
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GSE Conforming Loan Limit Going Nowhere in 2016

November 5, 2015
John Bancroft
The only way the baseline conforming loan limit would be raised for 2016 is if the HPI jumps nearly 10 points...
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Short Takes: Stonegate Buries the Lead / IMA Chief Tom Piercy Explains MSR Marks / A Strong Showing for Impac / Fannie Making Progress on Buybacks / Correction

November 5, 2015
Carisa Chappell and Paul Muolo
During the financial crisis Impac’s stock was delisted and its future looked cloudy. But not anymore…
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