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Inside the CFPB
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FHA, Ginnie Look to Ride CFPB Wave on e-Closings

April 25, 2014
Thomas Ressler
Officials at FHA and Ginnie Mae are eager to jump on board and reinvigorate their efforts concerning e-mortgages.
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Ginnie Mae Holds Up BofA MSR Sale to Nonbank; Agency Cautious About New Players’ Capacity

April 25, 2014
Ginnie Mae has asked Bank of America to provide missing documents on government insured loan pools after being informed by the MBS custodian that key paperwork is missing from the files. According to industry advisors familiar with the matter, the missing documents are tied to an $8 billion mortgage-servicing sale from BofA to PennyMac. So far, both parties have declined to discuss the matter publicly. One observer noted...
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Odds of More Oversight of Student Loan Servicing Rises After CFPB Criticizes Auto Default Practice

April 25, 2014
In a development with potentially negative implications for lenders, servicers and investors in student loan ABS, the Consumer Financial Protection Bureau released a report this week critical of the “auto-default” practice seen in private student lending. According to the CFPB’s Mid-Year Update on Student Loan Complaints, borrowers say that some lenders demand immediate full repayment upon the death or bankruptcy of their loan co-signer, even in cases when the loan is current. Borrowers also said they confronted bureaucratic barriers to releasing co-signers from their loans, something that could help avoid auto-defaults. “Students often rely...
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What We’re Hearing: Who Will be Left Standing After the Great Mortgage M&A Tsunami? / Paul Reddam to Spend More Time With His Horses / Warehouse Ugly Too / $150 Billion in Ginnie MSRs Changed Hands / A Head Fake for Johnson-Crapo? / Glen Corso, Trade Grou

April 25, 2014
Paul Muolo
At one shop based in the Midwest there’s unconfirmed talk of loan officers who haven’t been paid for months, unpaid leases and top executives who were on vacation as volumes collapsed.
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UBS/Union Central, Allstate and Merrill Lynch Announce Settlements to Residential MBS Lawsuits

April 25, 2014
UBS AG and Union Central Life Insurance Co. this week announced they have settled their legal dispute regarding the sale of residential MBS that UBS sold to the insurer in the years leading up to the financial crisis. The settlement reached in early March but jointly announced just this week, ends the legal action begun in a New York federal court in 2011. Union Central and affiliates Ameritas Life Insurance Corp. and Acacia Life Insurance Co. sued UBS and other financial service companies and executives in 2011, alleging that the defendants misrepresented the quality of the loans underlying the residential MBS that they sold to the insurers. In a 2012 amended complaint, Union Central alleged...
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FHA Allows Suspension of HECM Foreclosures

April 25, 2014
The FHA will allow lenders to suspend foreclosures on properties backed by Home Equity Conversion Mortgage loans for up to 60 days to help non-borrowing spouses of deceased HECM borrowers temporarily avoid eviction and, possibly, foreclosure. The announcement of the policy came as a federal district court judge for the District of Columbia considered whether to certify a class-action case filed by four surviving spouses of HECM borrowers last month. The lawsuit alleges that HUD had failed to protect them from being displaced from their homes – the same protection HECM regulations extend to reverse mortgage borrowers. The suit accuses the department of violating the federal Administrative Procedures Act by promulgating contradictory regulations without public comment. Last September, a DC judge found HUD in violation of federal law in a similar case and ordered that the case ...
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Wells Fargo Extends FHA E-Sign Acceptance

April 25, 2014
Wells Fargo has expanded its acceptance of electronic signatures on FHA mortgage-related documents to correspondent lenders – a move that could spur other lenders to consider a similar shift as purchase originations rise. Details of the expansion are available in Wells Fargo current Seller Guide. However, access is restricted to correspondent lenders because the guide contains proprietary information, according to a company spokesman. DocuSign, whose Digitized Transaction Management (DTM) platform is being used by Wells Fargo and other financial services clients, said the expansion follows FHA’s announcement earlier this year of acceptance of e-signatures on all single-family origination and servicing/loss mitigation documents, FHA claims and real estate-owned sales contracts, with the exception of notes. The FHA announcement builds on an ...
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CFPB e-Closing Efforts Find Allies in FHA, GNMA

April 25, 2014
The Consumer Financial Protection Bureau will launch a new, voluntary pilot project later this year to promote e-closings as a way to reduce or eliminate many of the “pain points” associated with the mortgage closing process. But officials at FHA and Ginnie Mae were eager to jump on board and reinvigorate similar efforts of their own in this regard, as many government and industry representatives tried to capitalize on a renewed sense that e-mortgages and a greater use of technology can transform the entire origination process – for all stakeholders, not just consumers. “We’re very excited to see the continued advancement of not only the use of technology, but hopefully more effective means of working together as an industry to improve the overall mortgage process,” said FHA’s Patricia McClung, acting director of single family program development, at a public forum ...
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Donovan: Senate Reform Bill Helps ‘Outsized’ FHA

April 25, 2014
HUD Secretary Shaun Donovan said this week that housing finance reform can no longer be put off, but no more so than for the FHA which continues to play an “outsized role” in the mortgage market as private capital remains on the sidelines. Speaking in New York at an event co-hosted by the Bipartisan Policy Center, Donovan said the Obama administration is squarely behind the legislative proposal by Senate Banking, Housing, and Urban Affairs Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID. “Despite its imperfections, does this bill represent progress? Absolutely,” said Donovan, seeking to win over housing advocacy groups disenchanted with the bill. “When looking for ways to improve [the bill], let’s not lose sight of its potential. Let’s not forget its importance to the housing market and its future.” The Johnson-Crapo legislative proposal calls for a wind-down of Fannie Mae and Freddie Mac and creation of a ...
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Around the Industry

April 25, 2014
Fannie Mae Announces Changes in Desktop Underwriter for VA Loans. On April 15, Fannie Mae issued a release note announcing several changes to Desktop Underwriter for VA loans that will take effect during the weekend of May 17, 2014. The DU determination of when a bankruptcy occurred on VA loan case files will be updated. With the May change, bankruptcy information found in publicly accessible segments of the credit report will be used in determining when the bankruptcy occurred. A waiting period requirement will then be applied. The bankruptcy information in the tradeline segment will only be used to determine when the bankruptcy happened if the public records show no such info. However, if the records do reflect a bankruptcy but the date is either blank or invalid, DU will issue a “refer” recommendation. The lender must review the credit report and bankruptcy documentation to ...
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