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Inside the CFPB
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RBS Agrees to Pay FHFA $99.5M To Settle Non-Agency MBS Lawsuit

June 27, 2014
The Federal Housing Finance Agency late last week announced it reached a nearly $100 million settlement with RBS Securities to settle allegations tied to non-agency MBS bought by Freddie Mac from 2005 to 2007, but the deal represents just a fraction of the firm’s remaining exposure. The $99.5 million settlement only resolves claims against RBS in FHFA v. Ally Financial Inc. in the Southern District of New York. Ally Financial is the successor company to GMAC-RFC, a now defunct non-agency MBS issuer.
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Enterprise Endnotes

June 27, 2014
DC Circuit Latest Court to Reject GSE Tax Collection Effort by Municipalities. A three-judge panel of the DC Circuit Court recently upheld a lower court ruling against Kay County in Oklahoma, which has been trying to collect real estate transfer taxes from Fannie Mae and Freddie Mac. In rejecting Kay County’s bid to get the GSEs to pay a 1 percent “documentary stamp tax,” the DC court’s finding became the latest in a growing number of…
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Mortgage Loan Officers and Overtime: Supreme Court Will Consolidate and Review Cases

June 26, 2014
George Brooks
Two cases, Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association, are the heart of the dispute.
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FHA Change Prompts Spike in Bank HAMP Activity in First Quarter

June 26, 2014
Brandon Ivey
The OCC believes that HAMP loans perform better than proprietary mods because the program places an emphasis on reduced monthly payments, debt-to-income ratios and income verification. Servicers also receive incentive payments.
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Mortgage Servicing Market Shrank Again in Early 2014; Nonbanks Continue Building Market Share

June 26, 2014
The supply of mortgage debt outstanding declined again during the first quarter of 2014, slipping to its lowest level in eight years, according to new Federal Reserve data. There was a total of $9.851 trillion of home mortgages outstanding as of the end of March, down 0.4 percent from the previous quarter. The mortgage servicing market has been in almost constant decline since midway through 2008, with a modest bump higher in the third quarter of last year after a relatively strong rally in housing activity. Even the agency mortgage servicing market lost...[Includes two data charts]
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IG Audit: Fannie, Freddie Overcharged at Least $158M For ‘Force Placed’ Insurance, FHFA Should Sue to Recover

June 26, 2014
The Federal Housing Finance Agency will “assess the merits of litigation” against Fannie Mae’s and Freddie Mac’s servicers and lender-placed insurance providers to recover premium overpayments by the government-sponsored enterprises following a pointed suggestion to do so by the agency’s official watchdog. A new audit released by the FHFA’s Inspector General found that Fannie and Freddie could have overpaid about $158 million in 2012 alone for lender-placed or “force-placed” insurance policies. The IG said it calculated its $158 million figure as the difference between the amount the GSEs actually paid in premiums – $360 million – and a “reasonable” price for such coverage – $202 million. “Our retrospective analysis suggests...
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Purchase-Mortgage Closing Process Improves With Shorter Timelines, More Accurate Disclosures

June 26, 2014
As the spring homebuying season has progressed, lenders have improved closing times for purchase mortgages, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. Industry participants also report improvements to good faith estimates with fewer closing cost surprises for borrowers. Closing times declined on a number of different mortgage types, based on three-month moving averages. Fannie Mae and Freddie Mac mortgages with a downpayment of at least 20 percent took...
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Servicing Expected to Continue to Be A Focus for CFPB, State Regulators

June 26, 2014
Regulatory scrutiny of the servicing sector appears unlikely to decrease anytime soon as officials with the Consumer Financial Protection Bureau along with state regulators note that regulation of servicing is a top priority. During a webinar this week hosted by Inside Mortgage Finance, Ann Thompson, a senior analyst in the CFPB’s Office of Supervision Policy, said the federal regulator conducts a risk-based analysis of issues affecting consumers. “Mortgage-related issues are presenting...
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Will Your Bank be Ready for the CFPB’s New TILA/RESPA Integrated Mortgage Disclosures?

June 26, 2014
There’s still more than a year left before the Consumer Financial Protection Bureau’s integrated mortgage disclosure final rule takes effect. But top industry representatives are urging lenders to begin preparations now, if they haven’t already done so, because of the depth and breadth of the new regulation – and the central role it will play in the origination process. During a general session of the American Bankers Association’s annual regulatory compliance conference, held in New Orleans earlier this month, Rod Alba, senior regulatory counsel for the trade group, said that the CFPB’s TILA/RESPA integrated disclosure – known as TRID – is a massive project. “We cannot take it lightly,” Alba said. He also emphasized...
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Short Takes: FHFA Moving Closer on a Risk-to-Capital Ratio for MI Firms? / Does Sterling Still Love Prospect Mortgage? / Delinquencies Hit a Multi-Year Low / Is the MSR ‘Trade’ Getting Old? / Pete Carroll’s New Director Job

June 26, 2014
Paul Muolo
What does the future hold for the hedge fund-owned Prospect Mortgage?
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