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Inside the CFPB
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Groups Oppose Applying FDCPA to First Party Creditors Under UDAAP

March 17, 2014
Three lender-related trade groups told the CFPB they are opposed to the wholesale extension of the Fair Debt Collection Practices Act to first-party creditors using the bureau’s rulemaking authority to prohibit unfair, deceptive or abusive acts and practices. Commenting on the bureau’s advance notice of proposed rulemaking on debt collection practices, the American Bankers Association, the Consumer Bankers Association, and the Financial Services Roundtable said they support the CFPB’s decision to initiate a rulemaking in the space, given the massive consumer debt market now stands at $11.8 trillion and the importance debt collection has for credit availability.
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New CFPB Budget Emphasizes Consumer Response, Enforcement

March 17, 2014
The latest budget issued by the CFPB projects an 8.3 percent increase from $538.7 million in fiscal year 2013 to $583.4 million in fiscal year 2015. The programs with the most significant increases in funding are consumer response operations, up 84.8 percent over that time, and supervision, enforcement and fair lending, which will rise 65.6 percent. The emphasis on consumer response and enforcement is also reflected in the number of full-time employees (FTE) by program.
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Assessments to Fund CFPB Rise 46 Percent, Employee Bennies Jump

March 17, 2014
Assessments levied on the Federal Reserve Banks for the CFPB came to $563.2 million for calendar-year 2013, up from $385.2 million for 2012, an increase of 46.2 percent, according to a new report from the Fed Office of Inspector General. The assessments are based on each Reserve Bank’s capital and surplus balances. Also, the bureau transferred to the Fed funding for the operations of the OIG in the amounts of $10 million and $3 million in 2013 and 2012, respectively. “Beginning in 2014, the bureau’s funding share of OIG operations will be adjusted based on actual OIG expenses and work allocation from the previous year,” the report said.
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Movers & Shakers/CFPB, IRS Team Up/Compliance Update/Looking Ahead

March 17, 2014
Movers & Shakers: Assistant Director Carroll to Depart CFPB for Wells Fargo. It looks like the name of Pete Carroll can be crossed off the list of candidates to head the common securitization platform joint venture of Fannie Mae and Freddie Mac. Carroll, who currently serves as assistant director for mortgage markets at the CFPB, has accepted a job offer from Wells Fargo, the nation’s largest residential lender and servicer, sources told IMFnews, an affiliated publication. At Wells, Carroll is expected to become a senior vice president within the capital markets group, coordinating strategy with industry trade groups and consulting with policy makers on housing finance issues. That post at Wells was recently held by Bob Ryan, who left the megabank to take a senior advisor position at the Federal Housing Finance Agency.
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Non-Agency Lenders Adjust to QM, ATR

March 14, 2014
Two months after the Consumer Financial Protection Bureau’s ability-to-repay requirements took effect, non-agency lenders seem to have adjusted to the rule. The debt-to-income ratio requirements for qualified mortgages do not appear to have prevented many borrowers from obtaining a mortgage and lenders have adjusted their documentation requirements. “To my knowledge we haven’t lost any sales because people didn’t qualify under the QM banner,” said ...
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UGI Could Join New MI Trade Group Eventually, But It Would Want Certain Changes

March 14, 2014
George Brooks
According to industry sources, UGI wanted the new trade association to operate on the principle of unanimous consent both for budgetary and policy matters, which was opposed by other MIs.
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DOJ IG Accuses Agency of Overstating Mortgage Fraud Accomplishments; Is Residential Fraud a Low Priority?

March 14, 2014
Paul Muolo
"The facts regarding the department's work on mortgage fraud tell a much different story than this report," said a spokeswoman for the Department of Justice.
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Nationstar Affiliate to Issue Servicer Advance ABS, Deals Are Attractive Despite Regulatory Scrutiny

March 14, 2014
An affiliate of Nationstar Mortgage is preparing to issue an ABS backed by servicer advances and deferred servicing fee receivables, continuing a trend of nonbank servicers fueling their growth via securitization. Industry analysts suggest that the deals offer good returns to investors, even with regulators increasing their scrutiny of nonbanks. The $1.96 billion servicer advance ABS from New Residential Investment is expected to close on March 18, according to a presale report by Standard & Poor’s. The deal is set to receive a AAA rating from the rating service. “Based on the nature of the assets which historically display high recovery typically at the top of the waterfall, we would view...
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REIT MBS Holdings Fell Sharply in Declining New Issuance Market Dominated by the Federal Reserve

March 14, 2014
Publicly traded real estate investment trusts reported a 13.5 percent decline in their holdings of residential MBS during the fourth quarter, according to a new Inside MBS & ABS analysis. The industry reported $264.8 billion of residential MBS at the end of 2013, a 26.4 percent drop from the fourth quarter of 2012. The five largest REIT MBS investors all reported double-digit drops during the final three months of 2013, while the mid-range companies generally had smaller declines and three smaller firms actually grew their portfolios. At the top of the table, Annaly Capital Management reported...[Includes one data chart]
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SCOTUS Agrees to Review MBS-Related Tolling, Decision Could Give Investors More Flexibility

March 14, 2014
The U.S. Supreme Court has added two more lawsuits to its growing list of securities cases by agreeing to take up an IndyMac MBS suit. In Public Employees’ Retirement System of Mississippi v. IndyMac MBS Inc. et al, SCOTUS has agreed to consider whether the filing of a class-action lawsuit tolls the three-year statute of repose under the Securities Act of 1933 or whether the statute is an absolute bar that cannot be suspended. Like a statute of limitations, a statute of repose cuts off...
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