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Inside the CFPB
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Fed Rate Hike Expectations Extending Further Out Thanks to Weaker Jobs Data and Global Slowdown

October 9, 2015
Recent disappointing job creation numbers and continued concern about slowing economic activity around the globe have convinced an increasing number of Wall Street analysts, participants and observers that the Federal Reserve’s Open Market Committee will not raise interest rates at its next meeting, scheduled for later this month. Further, more market professionals don’t predict an uptick in rates until sometime in 2016. And a few are even speculating a liftoff won’t come until the year after that. According to Peter Schiff, CEO and chief global strategist for investment firm Euro Pacific Capital, “the downright dismal September jobs report that was released last Friday may prove...
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GSEs Introduce Loan Defect Types to Clarify, Reduce Buybacks

October 9, 2015
Fannie Mae and Freddie Mac released a new policy this week in hopes of providing clarity on correcting loan origination defects and solutions to the mortgage buybacks that have plagued lenders over the years. Based on input from lenders, the GSEs took the next step to lessen loan buyback risk and will now categorize defects in terms of “findings, price-adjusted loans, and significant defects.” Under the new “origination defects and remedies framework,” findings will not require a correction or a remedy from the seller as they are negligible defects that had no effect on whether the loan was acceptable to Fannie or Freddie. Those mortgages with one or more defects that are labeled price-adjusted loans would have been eligible for sale to the GSEs if...
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GSEs Won't Punish for TRID Non-Compliance...Just Yet

October 9, 2015
Sellers/servicers of Fannie Mae and Freddie Mac will get a reprieve from immediately meeting the technical requirements associated with the Truth in Lending Act Real Estate Settlement Procedures Act Integrated Mortgage Disclosure Rule that took effect Oct. 3. Just a few days after the rule went into effect both GSEs issued guidance intended to reach anyone concerned about quality- control reviews while lenders absorb TRID into their business routines, said Brad German, spokesman for Freddie. The letter noted that in recognition of some seller/ servicers continuing to work toward implementing technical requirements of the rule, the GSEs won’t conduct routine post-purchase loan file reviews for technical compliance. After a transitional period, however, they will consider whether to begin such reviews for technical compliance.
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Properly Structured MSAs are Viable… For Now

October 9, 2015
Despite the uncertainty over marketing services agreements caused by Consumer Financial Protection Bureau enforcement actions, MSAs are still legal and viable, as long as they are properly ordered, according to industry experts at Lenders Compliance Group, a consulting firm in Long Beach, NY. During a webinar this week, three compliance pros at the firm delved into the first big splash the CFPB made on the MSA front, its Sept. 25, 2014, consent order with ...
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Vendors Look to Help Lenders Comply With TRID

October 9, 2015
Mortgage lenders have entered a new, unfamiliar zone of regulation with the TILA-RESPA Integrated Disclosure (TRID) rule, which became effective on Oct. 3. The Stratmor Group, a mortgage consulting firm, said reaching out to borrowers prior to loan closing increases borrower satisfaction significantly, which regulators may view as a positive indicator of good-faith efforts to comply with the complex new rule. “One aspect of TRID compliance is making sure that the customer ...
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Did the QM Rule Raise Loan Denial Rates?

October 9, 2015
A slightly larger percentage of mortgage loan applications were turned down by lenders in 2014 than in 2013, according to Home Mortgage Disclosure Act data. The reason may be linked to the early 2014 effective date for the ability-to-repay rule and the qualified mortgage standard. The two most common reasons for loan denial have historically been poor credit history and excessive debt-to-income ratio. Both became more prevalent in 2014 ... [Includes one data chart]
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House Passes TRID Safe Harbor Bill by Huge Margin; White House Veto Looming (If it Gets That Far)

October 8, 2015
Thomas Ressler
Although the TRID bill passed by a huge margin and with bi-partisan support, President Obama is threatening a veto.
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More Regulatory Headaches for Mortgage Firms: States Threaten Enforcement Actions for Faulty Data Submissions

October 8, 2015
Brandon Ivey
“The issues that have impeded the regulators’ ability to conduct electronic examinations must be rectified, and when resolved, will enable a more efficient and timely regulatory process,” said Karyn Tierney, chair of the MMC.
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GSEs Take Next Step to Reduce Buyback Risk, Set Three Categories of Defects

October 8, 2015
John Bancroft
The new remedies framework includes more transparency about the factors a GSE will weigh in determining whether a defect is significant.
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Short Takes: CFPB Issues Guidance on MSAs / Yes, the Agency Mentions ‘Kickbacks’ / Sen. Corker, Stock Picker, Says ‘Short’ Fannie and Freddie / He was Being Sarcastic! Lighten Up, IU!

October 8, 2015
Paul Muolo
Fear and loathing over marketing service agreements heats up. Kickbacks?
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