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Inside the CFPB
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HECM Guidance for Surviving Spouses Falls Short

March 6, 2015
Although the new rules for surviving spouses of borrowers with FHA-insured reverse mortgages address many of the issues raised by non-borrowing spouses, some questions remain unanswered, according to legal experts. The guidance in Mortgagee Letter 2015-03 provides insufficient answers to the issues it was meant to address, said Robert Couch, a partner with the Birmingham, AL, law firm of Bradley Arant Boult Cummings and former general counsel at the Department of Housing and Urban Development. Servicers should take note of those issues and seek further clarification, he said. Issued on Jan. 29, the guidance provides a way for lenders to proceed after a borrower with a Home Equity Conversion Mortgage loan dies and is survived by a non-borrowing spouse. It allows a lender to assign to HUD HECMs that are in default due to the death of the borrower, as long as certain ...
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Around the Industry

March 6, 2015
HUD Announces Revised Implementation Date for HECM Financial Assessment Guidance. The Department of Housing and Urban Development further delayed the effective date of new guidance requiring a financial assessment of Home Equity Conversion Mortgage loan applicants. Issued in November last year, the new guidance becomes effective for HECM case numbers issued on or after April 27, 2015. The FHA said the change was due to a delay in efforts to align vendor software with HUD software to get the system up and running. Last month, HUD moved the guidance’s implementation date to March 2. The guidance requires lenders to evaluate borrowers’ willingness and capacity to meet their HECM obligations and to comply with program requirements. HUD Aligns QM Points-and-Fees Limit to Newly Recalculated CFPB Standards. The Department of Housing and Urban Development has aligned the points and fees limit under its qualified-mortgage rule to the ...
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Short Takes: HARP, Withering on the Vine / It’s All About ‘Private’ Capital / Sticking Up for Southie / 2055 Was Right, 2015 Was Wrong

March 5, 2015
Paul Muolo and Thomas Ressler
HARP volume fell a stunning 75.9 percent in 2014. So is it time to stick a fork in the program and call it a day?
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CFPB to Fully Enforce TRID Disclosure Requirements, HMDA Rule Likely Out This Summer, Cordray Says

March 5, 2015
The head of the Consumer Financial Protection Bureau held his ground this week against pressure from Republican and Democrat lawmakers to take it easy on mortgage lenders in enforcing the bureau’s integrated disclosure rule. During a hearing before the House Financial Services Committee, Reps. Randy Neugebauer, R-TX, and Brad Sherman, D-CA, pressed CFPB Director Richard Cordray to consider a 60-day enforcement delay or a “soft enforcement” period when the new mortgage disclosures take effect Aug. 1. The new rule creates an integrated disclosure framework under the Truth in Lending Act and Real Estate Settlement Procedures Act, commonly known as TRID. Cordray did not come right out...
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Mortgage-Banking Income Down Sharply Last Year, Fourth Quarter Profits Weaken

March 5, 2015
Most companies engaged in mortgage banking made a profit last year despite a rough first quarter, but nearly all participants earned less than in 2013. A new analysis by Inside Mortgage Trends, an affiliated newsletter, found that a diverse group of 30 public companies reported a combined $13.942 billion in mortgage-banking income for 2014. Different lenders report these earnings differently, but they generally include production, servicing, secondary market and the net effect of hedges and legal costs. For the 30 lenders, mortgage-banking earnings for the year were...[Includes one data chart]
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With Mortgage Performance Continuing to Improve, Servicers Shift Focus Away From Modifications

March 5, 2015
Mortgage delinquencies continue to decline, prompting servicers to focus on customer service and refinances as opposed to loan modifications. The Inside Mortgage Finance Large Servicer Delinquency Index declined by 32.7 basis points in the fourth quarter of 2014 compared with the previous quarter. The 24 servicers tracked by the index had a delinquency rate of 6.34 percent in the fourth quarter compared with a rate of 7.59 percent in the fourth quarter of 2013. The Inside Mortgage Finance data are not seasonally adjusted. Improvements in performance were seen...[Includes one data chart]
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Private MIs Call for Supplemental or Deeper Credit Enhancements to Reduce Taxpayers’ Risk Exposure

March 5, 2015
Congress should encourage stronger credit enhancements and greater use of risk sharing to limit government exposure to mortgage losses, according to industry representatives. Testifying before the House Financial Services Subcommittee on Housing and Insurance, Rohit Gupta, president and chief executive of Genworth Mortgage Insurance, said the industry is not only highly capitalized and strongly regulated, but has a proven countercyclical credit enhancement that reduces taxpayer exposure. “We are...
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CFPB to Fully Enforce ‘TRID’ When August 1 Rolls Around

March 4, 2015
Thomas Ressler
The nation’s top consumer regulator told lawmakers the bureau has already provided an extended implementation period of 21 months...
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Short Takes: JPM’s New Jumbo MBS Deal / Regulatory Hassles for ASPS / Altisource Asset Management’s $9 Million Man / CFPB Chief Continues to Defend the Rate-Tracker Tool

March 4, 2015
Brandon Ivey, Paul Muolo, and Thomas Ressler
Although George Ellison’s salary was not disclosed in the press release announcing his employment with the company, a subsequent filing provided details: $450,000 per year, another $450,000 in incentive bonuses...
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Ginnie Mae Facing Accounting Restatement Thanks to TBW Mess

March 4, 2015
George Brooks
Ginnie is currently managing TBW’s FHA portfolio and hopes to sell its Ginnie servicing rights sometime this year.
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