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Inside the CFPB
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CFPB Guidance on MSAs Seen as Strong Warning To Reconsider or Reject Such Arrangements

October 15, 2015
The Consumer Financial Protection Bureau’s new guidance on mortgage services agreements has given the industry little confidence about such arrangements and likely helped push another major lender, Bank of America, to shutter its MSA ventures. BofA decided to the pull the plug on all marketing services agreements it has with realty firms, including RE/MAX. The bank told IMFnews, an affiliated daily service, that it will discontinue all “space rental agreement programs due to recent regulatory developments.” Its MSA agreements will end...
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Consumer Mortgage Coalition Calls for Reversal of CFPB’s Decision, Disgorgement Order in RESPA Case

October 15, 2015
The Consumer Financial Protection Bureau’s decision to ignore more than 40 years of established interpretation of the Real Estate Settlement Procedures Act’s anti-kickback provision would deprive consumers of the benefits of risk retention and do them further harm, warned an industry trade group in an amicus brief. The brief in support of the petitioner in PHH Corporation, et al., v. Consumer Financial Protection Bureau said allowing CFPB Director Richard Cordray’s decision to stand would increase closing costs, make an already lengthy closing period longer, and make the mortgage origination process more confusing for borrowers and lenders. Currently on appeal in federal appeals court in the District of Columbia, the decision issued by Cordray on June 4, 2015, relates...
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Shareholder Group Says Risk-Sharing Puts Fannie, Freddie at a Disadvantage

October 15, 2015
Private investors in Fannie Mae and Freddie Mac stock are raising concerns about the expansion of risk-transfer activity at the two government-sponsored enterprises, warning that it should not be viewed as the answer to housing reform. The credit-risk transfer programs are often cited as a path to housing finance reform because they bring new private capital to the mortgage business, laying off some of the risk held by the GSEs and, ultimately, by taxpayers. “Some have suggested...
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A Trend Continues: Bank of America Pulls the Plug on All Marketing Services Agreements

October 14, 2015
Paul Muolo
Bank of America said it will discontinue all “space rental agreement programs due to recent regulatory developments.”
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Short Takes: An Update on GSE Principal Reductions? / FCI Teams Up with Blackrock on SFRs / Ditech in ABS Deal / RealtyMogul.com Hits a Milestone / Just in Time for Halloween: Fewer ‘Zombie’ Foreclosures

October 14, 2015
Brandon Ivey and Paul Muolo
According to a rate sheet, the minimum loan amount on the rental properties is $250,000 while the minimum number of properties is five...
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FHFA Special Advisor Mario Ugoletti – Author of the PSPA – Retires From the Agency

October 13, 2015
Paul Muolo
The PSPA has been challenged in court by investors that are speculating in the common and preferred stock of the two GSEs.
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1,000 Banks Can’t Be Wrong: Mortgage Activities Profitable for Smaller Depositories

October 13, 2015
Brandon Ivey
Bank returns on mortgage activities turned sharply negative during the recession of 2007 through 2009 before rebounding and becoming consistently positive by early 2011.
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Short Takes: Former White House Vendor Launches Cybersecurity Firm for Lenders / Sen. Corker Backs the GSE ‘Utility’ Concept / Ugoletti Heads for the Private Sector? / LenderLive’s New Hire / Name Change for Vendor

October 13, 2015
Carisa Chappell and Paul Muolo
Sen. Corker, a Republican from Tennessee, no longer wants to kill Fannie and Freddie outright...
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Ginnie Mae Ponders ‘Stress Test’ for MBS Issuers

October 12, 2015
George Brooks
Ginnie Mae has expressed concern about the influx of nonbanks into its MBS program and their ability to remain as active participants.
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HUD Denies Fee Waiver in HECM Foreclosure Case Where Non-Borrower Spouses Are Involved

October 12, 2015
George Brooks
“We are hopeful this lawsuit will be resolved quickly so the fee waiver is granted, the data we seek is produced by HUD and the public is granted access to this important information,” the CRC said.
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