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Inside the CFPB
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FHA Clamps Down on Partial Claims Delay, Insists on Timely Submission

October 2, 2015
The FHA has revised the required time frame for mortgagees to submit the original promissory note associated with a partial claim and laid out the penalties for noncompliance. The guidance became effective on Sept. 1, 2015. On the same day, The Department of Housing and Urban Development issued letters demanding full reimbursement of all amounts associated with overdue partial-claim documents after Sept. 1. The guidance also reminded lenders of the procedures for preparing and submitting partial-claim documents to HUD’s loan-servicing contractor. Proper recordation and submission of partial-claim documentation will ensure HUD’s interest is protected, according to the guidance. Currently, FHA has a high volume of missing partial-claim documents due to lenders’ failure to follow rules for recording and submitting security instruments. The revised guidance also contains directions for executing partial-claim docs and reconciling ...
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HUD IG Slams loanDepot for Alleged Underwriting Violations on DP Assistance ‘Gifts’

October 1, 2015
Paul Muolo
The IG was actually looking into possible down payment assistance violations at another lender and decided to audit loanDepot because of its high volume of loans with those features.
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TRID ‘Safe Harbor’ Bill to Hit the House Floor Next Week

October 1, 2015
Thomas Ressler
One industry observer who anticipates a big-margin vote indicated he expects the bill will split rank-and-file Democrats from their leadership caucus.
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Jumpstart GSE Reform Bill Reintroduced but ‘Passable’ Reform at a Standstill

October 1, 2015
Carisa Chappell
An earlier version of the bill that Corker tried to fast-track through the Senate did not include the prohibition on using g-fees to pay for unrelated government spending.
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Short Takes: loanDepot IPO Documents Imminent? / Two Loan Closings Instead of One Because of TRID? / White House Stands by Cordray / ‘Foaming at the Mouth’ Comment Causes Some Mortgage Bankers to Foam at the Mouth / IMA MSR Auction Set / DocMagic Signs To

October 1, 2015
Paul Muolo and Thomas Ressler
One source, angered by Cordray's comments, said, "No, Mr. Director. Those concerns have eliminated non-QM loans, which come with protection against frivolous lawsuits. That’s why no one except a perfect borrower can get a loan…”
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2014 HMDA Findings Reveal Larger-Than-Expected Conventional Conforming Market, Smaller GSE Share

October 1, 2015
Loan origination data for 2014 that were released last week by federal regulators show that the conventional mortgage market was considerably bigger than previously estimated – and that production levels this year are rising. Home Mortgage Disclosure Act data show that lenders covered by the law’s reporting requirements originated $969 billion of conventional purchase and refinance loans last year. About $232 billion of that amount came in loans exceeding the county-level conforming loan limits in effect for Fannie Mae and Freddie Mac last year. The remainder, $737 billion, represents...[Includes two data tables]
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Many Fear the CFPB Wants to Kill All MSAs, But Movement Mortgage Takes a Stand and Stays Put

October 1, 2015
The Consumer Financial Protection Bureau has yet to clarify what it doesn’t like about “marketing service agreements” between originators and Realtors, and the less the agency talks about the topic – publicly, at least – the more lenders fear that eventually the regulator will try to eliminate such agreements altogether. To date, at least two lenders – Wells Fargo and Prospect Mortgage – have announced they are ending their MSAs, but sources indicate that several firms have undergone CFPB audits (or soon will) with a special emphasis on how they manage business referrals with realty companies and how much money changes hands. Inside Mortgage Finance has learned...
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CFPB, Other Regulators Working on Guidance To Affirm a ‘Diagnostic’ Approach Toward TRID

October 1, 2015
It looks like the mortgage industry is on the verge of obtaining another concession from the Consumer Financial Protection Bureau regarding enforcement of its pending integrated disclosure rule. The rule will streamline the consumer disclosures required under the Truth in Lending Act and the Real Estate Settlement Procedures Act. This TILA/RESPA Integrated Disclosure rule is slated to take effect Oct. 3, 2015, and will create a new regulatory regime – and perhaps a good bit of havoc in the process, at least in the short term. The anxiety over the confusion and expected delays has prompted...
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Regulators Push Back Against Claims that ATR Rule, QM Standards Had a Negative Impact on the Mortgage Market

October 1, 2015
Officials at the Consumer Financial Protection Bureau and the Federal Reserve have gone on the offensive to refute claims from lenders and their advocates regarding the ability-to-repay rule. At a hearing this week by the House Financial Services Committee, CFPB Director Richard Cordray noted that he recently met with the CEOs of the top 40 mortgage companies as part of an event hosted by the Mortgage Bankers Association. Cordray said the CEOs revealed that none of the lenders have faced lawsuits alleging violations of standards for qualified mortgages. “All this foaming at the mouth about legal liability did not...[Includes one data table]
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Jumpstart GSE Reform Act Reintroduced But Overall Housing Reform at a Standstill

October 1, 2015
A streamlined version of the “Jumpstart GSE Reform Act,” recently reintroduced in Congress, then placed on hold and reintroduced again, could be considered before the end of the year. The bill, sponsored by Sens. Bob Corker, R-TN, Mark Warner, D-VA, and Elizabeth Warren, D-MA, would bar the Treasury from selling its stock in the two government-sponsored enterprises and prevent increases in Fannie Mae and Freddie Mac guaranty fees to pay for other government spending. An earlier version of the bill that Corker tried to fast-track through the Senate did not include...
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