The CFPB’s proposal to reduce regulatory uncertainty for financial innovation through the selective use of “no-action” letters is based on a good idea but is likely to fail to meet its objective unless important changes are made, according to three industry trade groups. For instance, when it comes to submitting requests for a “no-action” letter, the set of products and services to which the bureau’s proposal may apply is difficult to identify, the American Bankers Association, the American Bankers Insurance Association and the Consumer Bankers Association said in a joint comment letter to the regulator. “On the one hand, the proposal requires that the product must not be well established; on the other, it may not cover ‘hypothetical products that ...
The CFPB has reached out to sympathetic constituencies in search of more legal cases in which it can submit amicus, or “friend of the court,” briefs, a letter from the bureau suggests. The text of the letter was reproduced on a legal blog hosted by the consumer advocacy group, Public Citizen. “The bureau welcomes and encourages suggestions of cases as candidates for amicus curiae participation,” said the Dec. 17, 2014, letter, signed by Meredith Fuchs, general counsel, and Nandan Joshi, director of the amicus program. “We seek your recommendations as important stakeholders in the area of consumer finance.” The occasion precipitating the letter apparently was the three-year anniversary of the program. “Through the amicus program, the bureau has sought to ...
The Community Home Lenders Association, a national trade group representing small and mid-sized community-based nonbank mortgage lenders, is calling on the CFPB to set high uniform standards for all mortgage originators, such as testing, background checks, continuing education and licensing. “These basic requirements ... apply to virtually all professionals involved in real estate transactions and mortgages, as well as to all individuals at banks that sell securities or insurance,” the CHLA said in a recent letter…
The CFPB is likely to throw its weight around just as much this year as it did last year, only its focus and intensity will be more diverse in terms of the industries that will be affected. Back in 2014, much of the regulatory concern among lenders had to do with the bureau’s ability-to-repay rule with its qualified mortgage standard, and to lesser extents its rules on mortgage servicing and loan originator compensation. Make no mistake. The mortgage industry is still in the CFPB’s crosshairs. The biggest payload to be delivered in this regard in 2015 is the long-awaited and much discussed integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. That rule ...
CWCOT, EVARS Webinars Scheduled. The Department of Housing and Urban Development has scheduled free webinars to provide FHA lenders an overview of Mortgagee Letter 2014-24, which deals with the increasing use of FHA’s Claims Without Conveyance of Title procedures. Discussion will include how foreclosing on FHA properties may differ from previous guidelines; requirements for appraisals; bidding instructions; and claim requirements. Personnel who deal with foreclosure valuation, claims and default reporting, real estate auction attorneys and foreclosure attorneys are encouraged to attend. Webinars will be held on Jan. 12 and Jan. 20, 2015, 2 p.m.-4 p.m. EST. For more information, email: stacey.a.brown@hud.gov. Free training webinars on “HUD Extension of Time and Variance Request System,” will be held on ...
FHA reverse mortgage production fell during the first nine months of 2014 compared to same period in the prior year due to changes made by the agency to the Home Equity Conversion Mortgage program. The nine-month HECM volume stood at $10.1 billion as of Sept. 30, down 14.8 percent from the previous nine-month period in 2013, according to an Inside FHA Lending analysis of agency data. Volume also fell 9.8 percent on a quarter-to-quarter basis. HECM purchase loans accounted for 93.5 percent of the market while a large majority, 77.0 percent, appeared to favor adjustable-rate reverse mortgages over fixed-rate reverse mortgages. Limited maximum draws in the first year and reduction of principal limit factors – actions taken by HUD to improve the HECM program – significantly decreased the demand for HECM products compared with ... [ 1 chart ]
FHA borrowers who refinance through the agency’s Home Affordable Modification Program will also be eligible to earn $5,000 in the sixth year of their performing, modified loan, subject to the Department of the Treasury’s guidelines, the FHA has announced. The incentive to FHA-HAMP borrowers is one of several enhancements to the Making Home Affordable program that the Department of Housing and Urban Development and the Treasury Department unveiled in December last year. The enhancements were designed to motivate homeowners in MHA to continue making timely mortgage payments, strengthen the safety net for those still facing financial hardships, and help them build equity in their homes. Under the revised HAMP guidelines, all homeowners in the program become eligible to earn $5,000 in the sixth year of their loan modification. This means a borrower’s outstanding principal balance could ...
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