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Inside the CFPB
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Cordray Sticks to His Guns, Won’t Yield on TRID Enforcement

May 18, 2015
CFPB Director Richard Cordray continues to appear steadfast in his refusal to accommodate the mortgage industry by providing some sort of soft enforcement period for the new integrated disclosure rule, which is set to kick in Aug. 1, 2015. In a recent letter to Rep. Blaine Luetkemeyer, R-MO, one of the members of Congress who has been pressing the director for some kind of an enforcement grace period, Cordray was too discreet to come right out and say “no” to members of Congress. Instead, he told the congressman that the bureau shares his desire for “a smooth and successful implementation of the integrated disclosure rule, and we continue to work closely with all stakeholders to support that goal.” Cordray then ...
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Bipartisan Pressure Mounts For TRID ‘Hold-Harmless’ Period

May 18, 2015
If one of the sponsors of the Dodd-Frank Act supports giving mortgage lenders an enforcement break when the CFPB’s integrated disclosure rule kicks in later this year, you know something serious is afoot. Such is indeed the case. Rep. Brad Sherman, D-CA, one of the original backers of Dodd-Frank, has crossed the partisan aisle in the House Financial Services Committee to join Rep. Steve Pearce, R-NM, in introducing H.R. 2213. Their bill would grant lenders a temporary safe harbor from enforcement of the rule integrating the required mortgage disclosures under the Truth in Lending Act and the Real Estate Settlement Procedures Act. More specifically, H.R. 2213 would protect lenders from private lawsuits and regulatory enforcement actions through Dec. 31, 2015, ...
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Short Takes: How High Can Ellie Mae’s Stock Go? / And the Flipping Continues / Lending to Flippers, a Profitable Business / GOP Says No to HUD Again / A Virginia M&A Deal

May 18, 2015
Paul Muolo and George Brooks
Several hard money lenders are involved in financing flippers, charging interest rates that are several percentage points above the going Fannie Mae/Freddie Mac rate.
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Ocwen Works to Address Operational Uncertainty By Adjusting Financing Agreements

May 18, 2015
Brandon Ivey
Among other actions, Ocwen entered into an agreement in April to receive up to $125.0 million of backup financing for new loan originations...
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SEC Opens Inquiry on Use of Collection Agents at Ocwen and Other Firms

May 18, 2015
Paul Muolo and Brandon Ivey
Existence of the probe was mentioned in the same paragraph about the NY SEC investigating Ocwen’s business dealings with affiliate companies such as Altisource...
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Around the Industry

May 15, 2015
House GOP’s Proposed Budget Rejects IT Administrative Fee, HTF. House Republicans withheld funding for a proposed administrative fee, which the FHA planned to invest in technology to improve quality assurance and reduce paid-claims losses. The Department of Housing and Urban Development first requested authority to collect the fee in the President’s FY 2015 budget request but was turned down. It appears House Republicans are on track again to reject the proposed fee in the FY 2016 appropriations bill, said HUD Secretary Juan Castro. Castro lambasted the House Republicans’ proposed budget cuts, saying they would hinder HUD from carrying out its mission and from investing in communities that most need help. The GOP bill also rescinds funding to the proposed Housing Trust Fund, which allocates a small percentage of Fannie Mae and Freddie Mac profits to ...
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PMAC-Blackstone Talks on Hold, Reason for Deal’s Delay Unclear

May 15, 2015
The Blackstone Group’s bid to acquire VA lender PMAC Mortgage, Chino Hills, CA, appears to have stalled. Talks between the two companies are now on hold and neither firm has commented. An industry source suggested that cash might not be the issue but a “clash of corporate cultures. PMAC Lending Services, which acquired Residential Financial Corp. last year, was ranked 61st on Inside FHA/VA Lending’s top 100 VA lenders in 2014. The company reported $328.2 million in total VA originations last year, reporting an 18.5 percent increase in the fourth quarter from the previous quarter and a 182.1 percent spike in loan volume year-over-year. It accounted for 0.3 percent of the VA market. Blackstone is a global investment firm with nearly $300 billion in assets under management. Last year, the company announced the hiring of 15,000 U.S. veterans across its portfolio companies in ...
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HUD System Failed to Identify Ineligible FHA-HAMP Partial Claims

May 15, 2015
An internal audit of the FHA/Home Affordable Modification Program’s partial-claim option uncovered flaws that cost taxpayers millions of dollars in ineligible claims. According to a recent report by the Department of Housing and Urban Development’s Office of the Inspector General, HUD’s claim-payment controls were inadequate. As a result, the agency paid more than $22 million in unsupported claims and $103,925 in ineligible claims, the report concluded. Auditors said HUD did not design and implement strong safeguards to detect and prevent improper claims. Because of the flaws, the system allowed payment of more than one claim with a modification or FHA-HAMP option in a 24-month period, the report said. In addition, auditors found duplicate claims, partial claims in excess of 30 percent of the unpaid principal balance at initial default, and non-HAMP partial claims after HUD ...
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RHS Final Rule for Certified Loan Application Packagers, Brokers

May 15, 2015
The Department of Agriculture’s Rural Housing Service has issued a final rule creating a certified loan-application packaging process for the agency single-family loan guaranteed housing program.Published in the April 29 Federal Register, the rule also establishes standards for packagers of loan applications, who are independent from RHS but play a key role in providing Section 502 rural home loan programs to potential homeowners. The final rule will take effect on July 28, 2015. Specifically, the rule addresses the weaknesses in RHS’ loan-application process and integrates the lessons learned from a loan-packaging pilot launched in 2010. The packager gathers and submits the information needed for RHS to determine whether a loan applicant is eligible for ...
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Mortgages Rank High Among Top Servicemember, Vet Complaints

May 15, 2015
Making mortgage payments is the most common type of mortgage complaint active servicemembers, veterans or their dependents report to the Consumer Financial Protection Bureau. A recent CFPB report on the top complaints received from military members and their families show that 24 percent were mortgage-related, second to debt collection, which accounted for the highest percentage of complaints received, 39 percent. An estimated 53 percent of servicemember complaints involved mortgage servicing related to loan modifications, collections and foreclosures. The report did not identify any specific loan, although it covered both conventional and government-backed mortgages. Complaints against servicers were mostly about failure to remove or amend derogatory credit reports accrued by servicemembers during the trial period, even though the servicemembers have successfully ...
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