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Inside the CFPB
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CFPB Doubles $$$ Collected from Penalties but Seems Slow in Redistributing It

December 1, 2015
Thomas Ressler
At the CFPB, penalty money comes in, but doesn't necessarily go out very quickly...
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Short Takes: Xome Isn’t Exactly Uber / Investors Unite Cancels Miami Rally / MBA Wants Seat at Risk-Share Table / New Investor Loan from AOMS /New Hires for Pacific Union

December 1, 2015
Paul Muolo, Sherry Muolo, and Carisa Chappell
Xome isn't exactly Uber, said one Nationstar critic...
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HUD OIG Issues Alert Regarding Use of Inflated Appraisals in HECM Refis

November 30, 2015
George Brooks
The HUD IG said it has investigated a number of HECM lenders suspected of using inflated appraisals in refinance transactions.
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Little Immediate Impact From TRID So Far, Survey Finds

November 30, 2015
It may just be a matter of time before CFPB Director Richard Cordray accuses the mortgage industry of “crying wolf” again, this time over inflated warnings about the damage to the housing markets the industry said would result from the bureau’s much-ballyhooed integrated disclosure rule. The CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule kicked in Oct. 3, 2015. And even though some industry vendors were scrambling to deliver software updates into the evening the night before, it looks like the rule has had little immediate effect on the markets, according to the results of the latest HousingPulse survey sponsored by Inside Mortgage Finance, an affiliated publication, along with Campbell Surveys, which performed the survey. “While ...
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Short Takes: Two is the Loneliest (FHA) Number / Three Banks Out of 20 / If You’re Funding $1 Billion or More, Time to Hire an Attorney? / Cross-Selling Under Fire?

November 30, 2015
Paul Muolo
At one point should a mortgage originator hire a full-time attorney to oversee compliance?
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MBS Investors Call for Feds to Set Minimum Standards for Non-Agency MBS

November 30, 2015
Brandon Ivey
Monique Rollins, deputy assistant secretary for the Treasury Department’s Office of Capital Markets, said the Treasury supports industry-driven efforts.
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New HMDA Rule Means Proactive Approach to Changes is Needed

November 30, 2015
The new and modified data required under the CFPB’s recently released Home Mortgage Disclosure Act final rule will probably result in greater regulatory and legal scrutiny of mortgage lenders, so covered institutions should take a proactive approach to implementation, according to top legal experts. In a recent client alert, the attorneys in the mortgage banking and consumer financial services groups at the Ballard Spahr law firm noted that the new and modified data will include “much more detail about applicants, borrowers, credit, collateral, loan type, pricing, fees, charges, the originator, and the covered institution. The new and modified data will enable regulators and private parties to analyze a lender’s practices in much greater detail than is currently possible.” Analyses of ...
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House Votes to Extend QM Safe Harbor, But Can GOP Prevail?

November 30, 2015
The U.S. House of Representatives voted 255 to 174 recently to expand the CFPB’s qualified mortgage safe harbor to include all residential mortgages held in the originating lender’s portfolio. Similar legislative language exists in S. 1484, the Financial Regulatory Improvement Act of 2015, the regulatory relief bill pushed by Senate Banking, Housing and Urban Affairs Committee Chairman Richard Shelby, R-AL, which is going to be incorporated into appropriations legislation shortly. The big questions now are whether those QM provisions will remain attached to the next spending bill as it moves through the nation’s legislature, and if so, whether congressional Republicans can again succeed in using the appropriations process to bypass Democrat opposition. Now the bad news: The White House has ...
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Mortgage Servicing Changes, Other Rules Progressing

November 30, 2015
The CFPB indicated in its recently released 2015 rulemaking agenda that it is continuing to finalize a proposal it published in December 2014 to amend certain aspects of the bureau’s 2013 mortgage servicing rules. The proposal addressed, among other things, enhanced loss mitigation requirements and compliance with certain rules when the borrower is a potential or confirmed successor in interest or is in bankruptcy. “We have been conducting testing of periodic statements for consumers in bankruptcy and are working to develop the final rule for issuance in mid-2016,” the CFPB said. The bureau also will continue working to support implementation of the multiple mortgage rules required by the Dodd-Frank Act, such as the Home Mortgage Disclosure Act rule, the integrated ...
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CFPB Presses Court to Enforce CID Against Accrediting Organization

November 30, 2015
The CFPB recently petitioned the U.S. District Court for the District of Columbia to enforce a civil investigative demand (CID) it issued back in August to the Accrediting Council for Independent Colleges and Schools (ACICS), despite congressional objections and arm-twisting. The CID was issued during a bureau probe of possible violations of the Consumer Financial Protection Act of 2010 or other federal consumer financial protection laws. “The CID issued to ACICS relates to a bureau investigation to determine whether any entity or person has engaged or is engaging in unlawful acts and practices in connection with accrediting of for-profit colleges” in violation of CFPA provisions addressing unfair, deceptive or abusive acts or practices, the CFPB told the court. The demand ...
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