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Home » Topics » News » Inside the CFPB

Inside the CFPB
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How Can the CFPB Even Enforce Its ‘Mini-Corr’ Guidance?

July 22, 2014
Thomas Ressler
“The entire subject of ‘mini-corr’ and the CFPB’s interpretation is the result of a witch hunt perpetrated by one of the lawyers that moved from the Federal Reserve Board,” said one disgruntled broker.
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Short Takes: Will CIT be a Player in Mortgages? / Another New CEO for Union Mortgage / Credit Suisse Buying NPLs from Astoria / JPM Gets Some Credit / IMA in Market with $1B of MSRs

July 22, 2014
Paul Muolo and Brandon Ivey
Union Mortgage has been losing some of its top executives over the past year. A few months back, its president and CEO Robert Eastep departed for Stonegate Mortgage…
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Short Takes: A $300,000 Signing Bonus for an LO? / PennyMac Files to ‘Resell Shares’ / DBRS Updates Non-Agency Criteria / ‘House of Cards’ Star to Speak at MBA / So Long Eric Billings

July 21, 2014
Paul Muolo, Brandon Ivey, Charles Wisniowski, and Sherry Muolo
Did someone really pay a $300,000 signing bonuses to a new LO?
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At Three-Year Mark, Supporters See CFPB as a Brave, Noble Defender…

July 21, 2014
Few federal regulatory agencies are the objects of such scorn – and simultaneously such devotion – as the CFPB, reflecting the bitter partisan environment in which the bureau was created in the wake of the financial crisis. To its opponents, July 21, 2011, may as well be another “date which will live in infamy,” whereas to its supporters, the modern financial era might as well be divided into pre-CFPB time and post-CFPB time. Sen. Elizabeth Warren, D-MA, the author of the concept that evolved into what is now the CFPB and the person tasked with getting the agency up and running, urged supporters of the bureau to keep up the fight. “It feels like yesterday that we were fighting for a strong ...
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…But Critics See an Uncontrolled Imperialistic Bureaucratic Regime

July 21, 2014
When it comes to the CFPB, beauty is in the eye of the beholder. While supporters remain ardently behind the mission of the primary agency dedicated to consumer protection, as far as critics are concerned, it’s the bureau itself that poses too much risk and is in need of reform. “The CFPB is exactly what everybody knew it would be: a very expansive, heavy-handed, imperially-minded bureaucracy, building their own luxurious palace,” said Alex Pollock, a resident fellow at the American Enterprise Institute and former president and CEO of the Federal Home Loan Bank of Chicago, during a Dodd-Frank Act-related conference call with the news media last week. “One of the important effects of the CFPB has been to ensure the ...
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CFPB ‘Mini-Corr’ Guidance Leaves Some Big Questions Unanswered

July 21, 2014
The CFPB recently issued new guidance that warns mortgage brokers to avoid acting as mini-correspondents in an attempt to side-step consumer protection laws and disclose how much money they make on a transaction. The bureau is concerned that some mortgage brokers may be setting up arrangements with investors in which the broker claims to be a “mini-correspondent lender,” when in fact the broker is still essentially just facilitating a transaction between a borrower and a lender. In its new guidance, the agency sets out some of the questions the CFPB may consider in evaluating mortgage transactions involving mini-correspondent lenders in order to understand their true nature. This evaluation involves examining how the mini-correspondent lender is structured and operating. Among the ...
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Bureau Files Lawsuit Against Debt-Collection Firm, Principals

July 21, 2014
The CFPB filed a lawsuit in a federal district court last week against Frederick J. Hanna & Associates, based in Marietta, GA, and its three principal partners – Frederick J. Hanna, Joseph Cooling, and Robert Winter – accusing them of operating a debt-collection lawsuit mill that used illegal tactics to intimidate consumers into paying debts they may not owe. “The CFPB alleges that the firm operates like a factory, producing hundreds of thousands of debt- collection lawsuits against consumers on behalf of its clients, which mainly include banks, debt buyers and major credit card issuers,” the bureau said. Between 2009 and 2013, the firm filed more than 350,000 debt-collection lawsuits in Georgia alone, according to the CFPB. The bureau further alleged the ...
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Bureau Fines Big Payday Lender $10 Million for ‘Abusive’ Practices

July 21, 2014
The CFPB recently ordered ACE Cash Express of Irving, TX, one of the largest payday lenders in the United States, to pay a $10 million fine for allegedly using illegal debt-collection tactics – including harassment and false threats of lawsuits or criminal prosecution – to pressure consumers into debt traps they couldn’t afford and couldn’t get out of. The bureau said it found that ACE used these illegal debt-collection tactics to create a false sense of urgency to lure overdue borrowers into payday debt traps. “ACE would encourage overdue borrowers to temporarily pay off their loans and then quickly re- borrow from ACE,” the CFPB said. Even after consumers explained to ACE that they could not afford to repay the loan, the ...
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Mortgage Complaints to CFPB Plunge Across the Board

July 21, 2014
A new analysis by Inside the CFPB found that consumer complaints to the bureau about their mortgages fell sharply in the second quarter, which likely reflects a continued stabilization in the housing and mortgage markets. In 15 out of 16 metrics tracked, customer gripes declined by double digits, with the remaining metric showing only a modest rise year-over-year. And in terms of the sole metric that showed a slight rise – a 3.6 percent increase in criticisms about mortgage servicing year over year – even there the data show a double-digit improvement (20.6 percent) from the first quarter of 2014 to the second.However, upon closer examination, the data also reveal that the double-digit rates of decline in consumer complaints slowed during ...
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Bureau Still Eyeballing Expansion Of Consumer Complaint Database

July 21, 2014
The CFPB is now collecting consumer complaints about seven different segments of the financial services sector, and its latest cumulative report on the subject indicates the Dodd-Frank Act’s cop on the beat is only going to continue to expand its dragnet. So far, the CFPB is accepting complaints about credit cards (as of July 21, 2011), mortgages (Dec. 1, 2011), bank accounts and services (March 1, 2012), credit reporting (Oct. 22, 2012), money transfers (April 4, 2013), debt collection (July 10, 2013), and payday loans (Nov. 6, 2013). “The CFPB continues to work toward expanding its complaint handling to include other products and services under its authority, such as prepaid cards. Consumers may also contact the CFPB about other products ...
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