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Inside the CFPB
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Lenders Laud FHA’s Updated Guidance for Loan Defects, MBA Says More Industry Input Needed to Improve Rules

June 25, 2015
Lenders are generally supportive of the FHA’s recently issued guidance explaining how the agency intends to categorize loan defects found in FHA single-family mortgages. At the same time, some observers find the guidance disappointing because it offers no protection for lenders against costly false claims lawsuits. The loan-defect assessment methodology or “defect taxonomy” was first unveiled in September 2014 as part of the Blueprint for Access that FHA hopes will expand access to credit by underserved consumers and first-time homebuyers. In particular, the new taxonomy will complement the updated loan-certification language used by direct-endorsement lenders to warrant compliance with FHA rules and the new Single Family Policy Handbook to create a stronger quality assurance program, according to Edward Golding, principal deputy assistant secretary for housing. The taxonomy has...
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Noncompliance With OCC Consent Order Prompts Harsh Servicing Restrictions for Wells

June 25, 2015
The Office of the Comptroller of the Currency announced last week that six banks subject to servicing-related consent orders established in 2011 will face new restrictions because the banks haven’t met all of the requirements in those orders. The restrictions were particularly harsh for Wells Fargo, the industry’s largest servicer. Wells handled $1.72 trillion in servicing as of the end of the first quarter of 2015, accounting for 17.5 percent of the servicing market, according to Inside Mortgage Finance. Until the consent order is terminated by the OCC, Wells will be prevented...
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Fair Lending Expectations Are Shifting From Pricing Toward Greater Access, Experts Say

June 25, 2015
A number of recent headline-generating fair lending settlements may have focused largely on issues of pricing disparities, but there has been a sea change among policymakers these days moving in the direction of greater access to mortgage credit, some industry experts say. During an Inside Mortgage Finance webinar this week, Jeffrey Naimon, a partner in the Washington, DC, office of the BuckleySandler law firm, said the industry is seeing a pendulum swing from the focal point of concern being loan pricing to loan access. “Especially during the time when subprime loans were available, there was a lot of concern that minority borrowers were being steered into higher-cost subprime loans,” he told attendees. “The adoption of the loan originator compensation rule by the Consumer Financial Protection Bureau affected...
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CFPB: Dual-Tracking on Troubled Borrowers Still a Problem

June 24, 2015
Thomas Ressler
“We are extremely concerned that, one year after the CFPB’s mortgage servicing rules went into effect, we are still finding runarounds and illegal dual-tracking,” said agency Director Richard Cordray.
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More Potential Trouble for Lender-Paid Mortgage Insurance?

June 24, 2015
Paul Muolo
J.P. Wieske, legislative liaison and public information officers for the WIC, confirmed that the state has made an information request, but would not address content.
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REO-to-Rental Business Making Problems for First-Time Homebuyers?

June 23, 2015
Brandon Ivey
The CRC believes the pool of aspiring homeowners does not have affordable financing options comparable to the liquidity provided to investors that are buying up homes en masse...
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Short Takes: More Relief from FHA? / Another Mortgage Co. Purchase by Blackstone? / MBA Less Bullish About 2016 / CFPB Unearths Dual-Tracking / A New Prez for Flagstar’s Mortgage Unit

June 23, 2015
Paul Muolo and Sherry Muolo
Apparently, the Blackstone Group recently closed on yet another mortgage company purchase...
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Investors Unite: Don't Compare AIG Lawsuit to GSE Case

June 19, 2015
On the heels of a final ruling this week where a federal judge said the government went too far in its takeover of American International Group as part of its 2008 bailout, some are comparing the lawsuit to the one bought by Fannie Mae and Freddie Mac shareholders. In this ruling, the federal judge decided not to award damages to AIG shareholders, even as it said the government was wrong in taking a 79.9 percent stake in the company in exchange for an $85 billion loan that helped keep the company on firm ground during the downturn. Judge Thomas Wheeler believed shareholders did not need to be compensated because AIG...
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FHA Proposes Guidance for Identifying, Dealing with Loan Defects

June 19, 2015
George Brooks
The guidance explains how the FHA intends to categorize defects found in endorsed single-family mortgages.
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Marketing in Spanish? Disclose, Service in Spanish

June 19, 2015
Thomas Ressler
If you are advertising or marketing mortgage products in Spanish, compliance experts suggest you should provide all requisite disclosures and servicing in Spanish.
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