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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Will the FHA’s MMIF Pull Off a (Positive) November ‘Surprise’?

October 20, 2015
George Brooks
In all likelihood, the FHA could be looking at more than $200 billion in total originations this year, Brian Chappelle predicted.
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Short Takes: MBA Chief Advocates for a Future that Includes Fannie and Freddie / One GSE ‘Sin’ Revealed / A ‘Brain Drain’ at Fannie? / Coming Soon: Conforming Limits from the FHFA / Arch Rolls Out Risk-Based Pricing

October 20, 2015
Carisa Chappell and Paul Muolo
One of Fannie’s and Freddie’s reputed “sins” was donating large sums of money to politicians who, in turn, ran interference for them on Capitol Hill...
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Complaints About Mortgages Fall Everywhere – Except Applications

October 19, 2015
Consumer complaints to the CFPB about mortgages filed during the third quarter fell in most of the significant categories tracked by Inside the CFPB – with issues about the application and origination process being the one notable exception. Gripes in this regard rose 4.1 percent from the second quarter to the third, and increased a larger 12.6 percent at the nine-month mark versus a year ago, our latest analysis found. But at just 1,644 complaints, the number of homebuyer criticisms in this regard pales when compared to the huge number of mortgage applications and originations made during the same period. It is also important to note the seasonality associated with complaints in this area, as they tend to be highest during ...
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TRID Safe Harbor Passes House, Faces White House Veto Threat

October 19, 2015
Earlier this month, the House of Representatives voted 303-121 in favor of H.R. 3192, The Homebuyers Assistance Act. The legislation would provide the mortgage industry with a regulatory and legal safe harbor until Feb. 1, 2016, for mortgages originated in good faith under the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, otherwise known as TRID. The rule, designed to streamline the mortgage disclosures under the two laws, took effect Oct. 3, 2015, after nearly two years of notice from the CFPB. “The CFPB and House Republicans agree that a transitional period for TRID compliance which enables lenders to test their systems and ensures there is no large-scale disruption to mortgage lending is necessary,” said Rep. ...
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CFPB Aims to Crack Down On Arbitration Clauses

October 19, 2015
The CFPB is considering banning lenders from using what it characterized as “free pass” arbitration clauses that prevent consumers from participating in class-action lawsuits. “Consumers should not be asked to sign away their legal rights when they open a bank account or credit card,” said CFPB Director Richard Cordray. “Companies are using the arbitration clause as a free pass to sidestep the courts and avoid accountability for wrongdoing. The proposals under consideration would ban arbitration clauses that block group lawsuits so that consumers can take companies to court to seek the relief they deserve.” The proposals the bureau is considering include giving consumers “their day in court” and incentivizing companies to comply with the law to avoid lawsuits. The bureau ...
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Bureau Finds More Signs of Trouble For Student Loan Borrowers

October 19, 2015
The CFPB last week issued its latest annual report on student loan complaints, citing in particular concerns about repayment problems facing those with older federal student loans that were made by banks and other private lenders. “We found that servicing issues may make repaying student debt even harder for this group of borrowers, in particular,” said CFPB Acting Student Loan Ombudsman Seth Frotman. The report noted that outstanding federal student loans made by private lenders may have a higher concentration of borrowers in default or delinquency than the student loan market at-large. In another recently released report, the bureau estimated that more than 25 percent of student loan borrowers are delinquent or in default market-wide. The CFPB observed that at ...
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Economist Warns CFPB Against Hasty Debt Collection Regulations

October 19, 2015
The CFPB ought to consider the unintended consequences of any new debt collection regulations it might promulgate and perform a careful cost-benefit analysis before it forces such regulations onto industry participants, a top university economist warned. “Debt collection is one of the most heavily regulated areas of the consumer credit ecosystem. Yet it is also one of the most important: without an efficacious and efficient debt collection system, creditors will be unable to lend, and borrowers will be unable to borrow,” Todd Zywicki, executive director of the George Mason University Law & Economics Center, said in a new white paper. Although consumers who do not pay their debts benefit by an excessively restrictive debt collection regulatory regime, everyone else pays ...
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Industry Vendor Offers Warranty Coverage for TRID Defects

October 19, 2015
ComplianceEase, an automated compliance solutions provider based in Burlingame, CA, has come out with an insurance-backed warranty program for loans that have been audited by its ComplianceAnalyzer solution. The program, called AssureCert, provides warranty coverage for compliance defects, including ones related to the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule (TRID) and the ability-to-repay/qualified mortgage regulation, as well as federal and state consumer lending and high-cost laws and regulations. “The new QM and TRID rules have exposed lenders and investors to civil lawsuits, as well as fines and repurchase risk,” said John Vong, president of ComplianceEase. “Our insurance-backed AssureCert warranty will offer our clients – both large and small –additional protection and peace of mind.” The ...
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Three OIG Reviews of CFPB Slated For Completion in Fourth Quarter

October 19, 2015
The CFPB Office of Inspector General plans to wrap up two audits and one assessment of the bureau sometime during the fourth quarter, according to the OIG’s latest work plan, released early this week. First on the list is an audit of the CFPB’s distribution of funds from the civil penalty fund. “Our audit is focused on internal controls related to the administration of the civil penalty fund,” the work plan stated. “Specifically, our audit will assess the efficiency and effectiveness of the process for identifying victims.”Next is a risk assessment of the bureau’s purchase card program. “Our risk assessment of the CFPB’s purchase card program will identify and analyze the risks of illegal, improper or erroneous purchases and ...
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In Brief/No Comment

October 19, 2015
Bank of America Pulls the Plug on All Marketing Services Agreements. Bank of America, the third-largest residential retail lender in the U.S., has pulled the plug on all marketing services agreements it has with realty firms, sibling publication IMFnews reported last week. The bank confirmed the move to the newsletter, noting that it will discontinue all “space rental agreement programs due to recent regulatory developments.” It added: “We expect our MSA agreements will conclude by Nov. 1, 2015, and we will terminate our lease agreements for space in accordance with their terms. While the decision to wind down our MSA and SRA programs was difficult, the end of these programs allows us to pursue different ways we might help builders ...
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