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Home » Topics » News » Inside the CFPB

Inside the CFPB
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HUD to Auction $4.8 Billion in Nonperforming Loans

May 23, 2014
The Department of Housing and Urban Development is planning to auction $4.8 billion of nonperforming single-family mortgage loans in two offerings under the FHA Single Family Loan Sale (SFLS) initiative. The auction – HUD SFLS 2014-2 – will be next month. A national offering of roughly 23,200 loans totaling $4 billion in unpaid principal balance is scheduled for a bid on June 11. The second part of the auction is an offering of 4,800 loans totaling $800 million in UPB in designated geographic areas that are aimed at a neighborhood stabilization outcome or “NSO-targeted” loan pools. Bidding will be on June 25. The eight NSO regions for the June offering are Atlanta, Chicago, Detroit, Miami, Philadelphia, San Antonio, San Bernardino County, CA, and Cumberland County., NJ. SEBA Professional Services, a woman-owned contracting firm, has ...
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NAFCU Urges More Transparency In National Mortgage Database

May 23, 2014
The National Association of Federal Credit Unions is calling upon the CFPB and the Federal Housing Finance Agency to be more transparent about how they plan to use the information they want to collect for their joint National Mortgage Database. “First and foremost, NAFCU believes greater transparency should be provided by the FHFA and CFPB on what this information is being used for and which divisions within each agency have access to it,” NAFCU Regulatory Affairs Counsel Angela Meyster said in a letter to the FHFA. In addition, NAFCU urged the FHFA and CFPB to select only robust and representative subsets of the data when they seek to use it to support particular policies or rulemakings. “Further, the agencies should ...
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Only Approved Lenders May Subservice 203(k) Loans

May 23, 2014
Only an approved lender-servicer may subservice FHA 203(k) rehabilitation mortgages and their escrow accounts, according to a reminder issued this week by the FHA. The FHA said one of the functions of a servicer of FHA-insured property rehabilitation loan is to service the loan’s escrow account. The same rule applies when servicing is delegated to another party, the agency said. The FHA allows an approved FHA servicer to farm out the work as long as the delegated third party is also agency-approved. HUD regulations state that the lender remain fully responsible for proper servicing and that the subservicer’s actions is also considered to be the actions of the lender. The FHA further reminded lenders of the importance of updating FHA systems with any mortgage record changes as outlined in previous guidance. HUD requires that FHA systems ...
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CFPB, State AGs Still Teaming Up, Despite Absence of Formal MOU

May 23, 2014
The CFPB and the state attorneys general are well-positioned to work together and are continuing to do so, even though they have not completed efforts to strike a formal memorandum of understanding explicitly spelling out the terms of their cooperative relationship, one legal expert said recently. One of the areas in which such cooperation is continuing is in issues that affect U.S. military service members, according to attorney Clarine Nardi Riddle, who chairs the government affairs practice of the Kasowitz, Benson, Torres & Friedman law firm in Washington, DC. Riddle served from 1989 to 1991 as the first female state attorney general of Connecticut after a stint as the deputy AG in the preceding three years. “There’s a natural sweet ...
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Donovan Named to OMB Post, TX Mayor to HUD

May 23, 2014
President Obama is expected to announce his intent to nominate Housing and Urban Development Secretary Shaun Donovan as director of the Office of Management and Budget and San Antonio Mayor Julian Castro to replace him. If confirmed by the Senate, Castro would be the second Hispanic after Henry Cisneros to assume the top post at the Department of Housing and Urban Development. Also a former mayor of San Antonio, Cisneros served as HUD secretary during the Clinton administration from 1993 to 1997. Currently in his third term as mayor, Castro is a strong advocate of affordable housing, neighborhood revitalization, inner-city investment and child education and works closely with the San Antonio Housing Authority. San Antonio mortgage bankers said they have had little interaction with Castro, who, they say is “big on housing issues.” “We’re hoping to hear a little bit more about his ...
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Worth Noting

May 23, 2014
House Financial Services Committee Formally Passes More CFPB Legislation. The House Financial Services Committee took final votes on some potentially significant CFPB-related measures. H.R. 1779, the Preserving Access to Manufactured Housing Act of 2013, introduced by Rep. Stephen Fincher, R-TN, was approved by voice vote. H.R. 4521, the Community Institution Mortgage Relief Act of 2014, introduced by Rep. Blaine Luetkemeyer, R-MO, was approved 43-16. H.R. 4466, the Financial Regulatory Clarity Act of 2014, introduced by Rep. Shelley Moore Capito, R-WV, was approved 34-25. H.R. 2673, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY, was approved 36-23. H.R. 3211, the Mortgage Choice Act of 2013, introduced by Rep. Bill Huizenga, R-MI, was passed by voice vote ...
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In the End, GSE Buyback Relief Doesn't Amount to Much, Industry Says

May 23, 2014
John Bancroft
About 2 percent of mortgages actually go through a Fannie Mae or Freddie Mac quality control check.
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An Obstacle to Home Sales: The Qualified Mortgage Rule

May 23, 2014
Thomas Ressler
“Due to the new Dodd-Frank guidelines, fewer buyers will be qualified to purchase homes, which will ultimately affect my livelihood as well,” one Realtor said.
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Structure of New Ford Credit ABS Deal May Prompt Similar Transactions in the Future

May 23, 2014
Ford Credit priced a $1.08 billion deal earlier this month backed by prime auto-loan receivables that included a noteworthy twist, according to John McElravey, director of consumer ABS research at Wells Fargo Securities. The deal will revolve for five years before paying principal with a soft-bullet maturity. “In our opinion, this deal adds an interesting new dimension to prime auto-loan ABS,” McElravey said in a recent report. “We would not be surprised if other prime lenders eventually adopted similar structures based on market pricing and the pace of investor acceptance. Upon reflection, it is somewhat surprising that more prime auto-loan ABS have not been structured in this way.” Moody’s Investors Service explained...
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ResCap’s Liquidating Trust Goes After Correspondent Lenders for ‘Defective’ Loans in Non-Agency MBS

May 23, 2014
ResCap Liquidating Trust filed lawsuits last week against a number of Residential Funding’s correspondent lenders regarding alleged breaches of representations and warranties on mortgages included in non-agency MBS. The lawsuits relate to business completed before RFC’s parent company Residential Capital entered bankruptcy. RLT, which was established to liquidate and distribute the assets of the debtors in the ResCap bankruptcy case, filed 12 similar lawsuits last week seeking buybacks from Bank of America and First Republic Bank (as successors of Old First Republic), PHH Mortgage, RBC Mortgage and a number of smaller lenders. The correspondent lenders sold more than $1.52 billion in mortgages to RFC, according to the lawsuits. RLT claims...
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