A number of leading industry groups are united in their opposition to the CFPB's proposal to augment its complaint database with consumer narratives, citing concerns such as statutory overreach and a risk to consumer privacy, among a host of concerns. Frank Keating, president and CEO of the American Bankers Association, said in a comment letter that the CFPB’s plan to include customers’ “unauthenticated stories” in its complaint database “exceeds its statutory mandate and imposes excessive risks on banks and customers.” He contrasted the CFPB’s approach to the longstanding approach of the prudential regulators, in which complaints are kept confidential and shared with banks to correct problems and address supervisory concerns. The bureau’s approach, however, “erodes customer privacy, impairs the confidential ...
Most lenders showed improvement in the complaints consumers registered with the CFPB about their bank accounts, according to a new ranking and analysis by Inside the CFPB. Thirty-two out of the top 50 ranked institutions saw such gripes decline from the first quarter of 2014 to the second, with 15 seeing increases, our analysis found. Further, 14 out of the top 15 showed an improvement, many by double digits. Overall, consumer complaints about banking services fell 11.3 percent, as the chart on page 9 illustrates. However, the most dramatic movement was seen among the lenders with increases in consumer criticisms. The worst performances were turned in by Associated Bank (up 200 percent), followed by BMO Harris (114.3 percent), Union Bank ...
Representatives of some of the leading lenders of non-qualified mortgages are optimistic about the prospects for the future of the space, seeing opportunity where many see only risk. Brian Simon, chief operating officer for New Penn Financial, answered the question: Why open a non-QM market? “I think, as everyone is aware, the current credit environment has shut out many potential homeowners,” he said during a webinar last week sponsored by Inside Mortgage Finance, an affiliated newsletter. “There’s a narrow credit box in the current mortgage market, which means that the people who were hardest hit in the housing crisis have little access to credit.” New Penn Financial has decided to market products that allow access to affordable credit. “That just ...
Credit history and debt-to-income outpaced collateral as the primary contributors to mortgage application denials in the purchase-loan segment in 2013, according to an analysis by Inside the CFPB of the latest Home Mortgage Disclosure Act data released last week by the CFPB and the Federal Financial Institutions Examination Council. It was a much closer horse race in the refinance space, but then again, collateral is always more of an issue for refis. Credit history was identified as the cause of denial for 26.3 percent of applications last year in FHA/VA purchase mortgages, followed by DTI at 23.3 percent, with collateral registering only at 12.4 percent. Things were a little more competitive in the conventional home purchase loan space. There, credit ...
Did Apple Place Itself Within CFPB’s Purview? Some legal experts think the recent rollout of mobile payment technology by Apple Inc. might have put the consumer technology heavyweight in the CFPB’s regulatory crosshairs. Georgetown Law Professor Adam Levitin said in a recent blog that Apple may have unwittingly become a regulated financial institution through the release of its Apple Pay service. “Basically, I think Apple is now a ‘service provider’ for purposes of the Consumer Financial Protection Act, which means Apple is subject to CFPB examination and UDAAP [unfair, deceptive or abusive acts or practices],” he said. Levitin then proceeded to walk readers through a number of legal definitions to bolster his argument. Vivian Kim, an associate at the Dykema ...
At least a dozen or so national lenders – almost all of them nonbanks – have rolled out lending programs for loans that don’t meet the qualified mortgage standard, and none of them expect to issue a mortgage-backed security this year. Moreover, most aren’t so certain they will be able to issue a security next year either, but that doesn’t mean they aren’t thinking about it. New Penn Financial has created...
The Treasury Department is considering working with an issuer to sell a non-agency MBS that would serve as a benchmark transaction, according to agency officials. The goal of the issuance is to attract investors to the sector and create a standard term sheet for issuers. “The Treasury is thinking about facilitating one or more benchmark transactions,” Michael Stegman, counselor to the Treasury Department for housing finance policy, said this week at the ABS East conference produced by Information Management Network in Miami Beach. He said...
Investors are comfortable with broad swaths of the structured finance market and issuers are cautiously optimistic that regulators won’t hinder activity too much going forward, according to attendees at the ABS East conference produced by Information Management Network this week in Miami Beach. “We’re in a pretty good spot right now in the market from a supply-demand perspective,” said Bob Behal, a principal and co-head of ABS investments and commercial MBS investments at Vanguard Group. Almost 3,700 people had registered by the start of the conference, up slightly from around 3,500 people in 2013. Will Zak, a director at Barclays, said...
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