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Inside the CFPB
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Some TRID Relief You Can Finally Count On? Regulators Will Recognize ‘Good Faith’ Efforts

October 2, 2015
Thomas Ressler
Sources told IMFnews that one large loan origination system (LOS) vendor was struggling to make programming deadlines ahead of the TRID rule, a situation that had caught the attention of the CFPB.
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John Sherwood to Step Down as President of NMI Holdings

October 2, 2015
Paul Muolo
One of the MI’s key products is lender-paid mortgage insurance, which has come under regulatory scrutiny.
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U.S. Agencies Sue Players in ‘Charitable’ Mortgage Counseling Scam

October 2, 2015
George Brooks
One of the defendants, Intercontinental Capital Group, Bohemia, NY, has already settled and will pay $424,859.
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Issuance of ABS Backed by Equipment Leases Is Still Growing, But Regulatory Issues Could Stall Market

October 2, 2015
Issuance of ABS backed by leases on small/mid-ticket equipment has rebounded since the financial crisis to levels last seen 15 years ago. However, industry participants suggest that loan-level disclosure requirements and mandatory risk-retention could limit activity in the sector going forward. At the recent ABS East conference produced by Information Management Network in Miami, Du Trieu, a senior director at Fitch Ratings, said issuance is increasing due to the improving economy and investor demand. “The collateral is business critical and income producing,” he added. Nearly $12.0 billion in small/mid-ticket ABS was issued...
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Delays Result in Negative Issuer Review Findings, Testing Areas May Be Expanded, Reviewers Say

October 2, 2015
Failure to deposit borrowers’ escrow amounts into custodial accounts at the time of securitization or pool transfer is the most common fault committed by Ginnie Mae issuers, according to compliance experts. In particular, such oversights accounted for 24.7 percent of findings of compliance reviews conducted between Sept. 3, 2013, and Aug. 17, 2015. Ginnie requires that borrower escrow amounts be deposited in a “timely” manner, which is defined as within 48 hours of pool securitization, explained experts at the recent Ginnie Mae Summit conference in Arlington, VA. Approved Ginnie Mae issuers undergo...
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What We’re Hearing: Is It ‘Open Season’ on Mortgage Bankers? / The Coming Storm Over Marketing Service Agreements / Realtors and MSAs? / loanDepot Fights Back / Mortgage Carpetbaggers?

October 2, 2015
Paul Muolo
Some have suggested that it’s no wonder that several mortgage company owners – including those who control specialty servicers – are contemplating selling their companies.
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LO Comp Among Factors Limiting Non-QMs

October 2, 2015
Add loan-originator compensation rules to the list of things hindering the origination of loans that fall outside the qualified-mortgage standard. Bob Magee, chief investment officer at Shellpoint Partners, said many loan officers and brokers are reluctant to work on non-QMs because the loans take more time to originate, often get rejected and yet tend to offer the same compensation as an agency mortgage. “If I have loan officers who are paid on a commission for ...
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CFPB Urged to Adjust Non-Agency QM Standards

October 2, 2015
A quirk in the way the Consumer Financial Protection Bureau drafted standards for qualified mortgages has put non-agency lenders at a disadvantage, according to a former CFPB official that was heavily involved in drafting the ability-to-repay rule. At the recent ABS East conference, Peter Carroll, an executive vice president at Quicken Loans, reiterated calls for the CFPB to make adjustments to Appendix Q of the ATR rule. Appendix Q details documentation requirements ...
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MBA Chief Reveals Ongoing Talks Between Independent Shops, HUD

October 2, 2015
Certain unidentified independent mortgage bankers are in talks with the Department of Housing and Urban Development over alleged False Claims Act violations, according to a top mortgage industry executive. Speaking recently on the Internet radio program “Lykken on Lending,” Dave Stevens, president of the Mortgage Bankers Association and a former FHA commissioner, said the lenders are quietly negotiating and have avoided media attention, so far. On air, Stevens said he and a “certain group of individuals had met with HUD Secretary Julian Castro” to discuss the FCA complaints. The MBA official said the use of the FCA – which allows for treble damages – represents an “extraordinary overreach” by the government that is threatening the overall FHA program. Stevens did not name the lenders are or say how many there are, but he did mention an ...
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HUD Slams loanDepot for Using Ineligible DPA Funds on FHA Loans

October 2, 2015
The Inspector General of the Department of Housing and Urban Development called for civil and administrative actions against loanDepot for allowing ineligible “gifts” on FHA-insured loans.Acting on a referral from HUD’s Quality Assurance Division, the IG focused on FHA loans originated by loanDepot that included downpayment assistance from the Golden State Finance Authority. A review of 75 loans endorsed from Oct. 1, 2013, to Jan. 31, 2015, determined that 62 loans involved gift funds that did not comply with FHA requirements. In addition, the privately held nonbank lender “inappropriately charged borrowers $25,700 in fees that were not customary or reasonable, as well as $46,510 in discount fees that did not represent the purpose of the fee,” the IG said. The IG blamed loanDepot’s overreliance on Golden State’s Platinum Downpayment Assistance Program as well as ...
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