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Inside the CFPB
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Ally Financial Facing Subpoenas From the SEC, Justice Department Over MBS, Subprime Auto ABS

November 7, 2014
Ally Financial recently received subpoenas and document requests from the Securities and Exchange Commission and the Department of Justice over a broad array of lending and securitization activities, the company revealed in a recent Form 10-Q disclosure filed with the SEC. “The subpoenas and document requests from the SEC include information covering a wide range of mortgage-related matters, and the subpoenas received from the DOJ include a broad request for documentation and other information in connection with its investigations of potential fraud and other potential legal violations related to MBS, as well as the origination and/or underwriting of mortgage loans,” the company said. In addition, Ally recently received...
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FDIC Clarifies Loan Officer Compensation Payments

November 7, 2014
Brandon Ivey
Jaron Van Maanen of the FDIC said the lender should determine if the factor determining the LO’s comp consistently varies with terms over a significant number of transactions...
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PHH Mortgage Dodges a Legal Bullet – for Now

November 7, 2014
Thomas Ressler
Initially, the jury awarded $514,000 in compensatory damages from PHH Mortgage and $15.7 million in punitive damages.
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Lessons Learned From Enforcement Trends Help Lenders Cope With New UDAAP Environment

November 6, 2014
As mortgage lenders continue to feel their way around the world of unfair, deceptive or abusive acts or practices (UDAAP) as defined by the Dodd-Frank Act and the Consumer Financial Protection Bureau, there is much they can learn from a close examination of recent enforcement actions. During a webinar this week sponsored by Inside Mortgage Finance, Mercedes Tunstall, a partner with Pillsbury Winthrop Shaw Pittman, said CFPB consent orders show that the bureau is watching telemarketing practices very closely. The CFPB is...
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GSEs Keep Cranking Out Profits in 3Q14

November 6, 2014
Fannie Mae and Freddie Mac reported a combined $6.0 billion in net income for the third quarter of 2014, up from $5.1 billion in the previous quarter. The two government-sponsored enterprises will send to the Treasury $6.8 billion as return on the government’s senior preferred stock. That will bring cumulative payments under the GSE conservatorships to $225.5 billion. Fannie and Freddie were given...
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PHH Mortgage Dodges a Bullet, For Now, as Judge Throws Out Punitive Damages in Loan Mod Dispute

November 6, 2014
PHH Mortgage may avoid taking a big hit in a legal dispute with a homeowner after the company mishandled his mortgage modification. Last week, in Linza v. PHH Mortgage Corp. et al., Yuba County (CA) Superior Court Judge Stephen Berrier threw out most of the jury’s original $16.2 million verdict against the company, including all punitive damages. Instead, the judge said that homeowner Phillip Linza is entitled to only $159,000 in damages. The case stems...
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Lenders Strongly Oppose Proposal from State Regulators to Increase Reporting Requirements

November 6, 2014
A proposal from the Conference of State Bank Supervisors to increase reporting requirements on state mortgage call reports has been met with strong resistance from a number of lender trade groups. In October, the CSBS proposed collecting additional quarterly information regarding qualified mortgages and servicing, among other data submitted as part of the Nationwide Mortgage Licensing System and Registry’s mortgage call report. The comment period closed late last week. “We join...
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Servicing Transfer Complaints ‘Escalating’ In HAMP; Little Response from Treasury

November 6, 2014
The Treasury Department isn’t doing enough to address issues with servicing transfers in the Home Affordable Modification Program, according to the Special Inspector General for the Troubled Asset Relief Program. The SIGTARP warned that complaints about servicing transfers are “escalating,” though that’s from a low base, with only 84 complaints from borrowers this year. “The serious problems raised by homeowners include lost and delayed HAMP applications, trial and permanent modifications not being honored, and the miscalculation or misapplication of monthly payments,” the SIGTARP said in a report released last week. The Treasury monitors...
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Walter Posts Large Loss, Stock Gets Crushed; Nationstar Smacked Around Too

November 6, 2014
Paul Muolo
Walter was already under the investigative microscope of the Consumer Financial Protection Bureau and the Federal Trade Commission because of its servicing practices.
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Note to Lenders: The CFPB is Listening to Your ‘Scripts’

November 6, 2014
Thomas Ressler
The CFPB is listening to recordings of inbound telemarketing calls, the attorney said...
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