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Inside the CFPB
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Smaller Banks Face Largest Proportional Regulatory Burden

December 2, 2013
Banks with less than $1 billion in assets had the highest compliance-related costs as a percentage of operating expenses, according to a recent study the CFPB conducted measuring the financial impact of deposit regulations on seven banks, ranging in asset size from under $1 billion to over $100 billion. First, in its examination of costs by business function, the bureau found that compliance costs appear to be concentrated in operations, information technology, human resources (as it relates to employee training), compliance and...
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Industry Supports Bankruptcy Clarification to Servicer Rule

December 2, 2013
A handful of leading industry trade groups told the CFPB they generally support the agency’s recent interim final rule that clarifies the proper compliance with mortgage servicing requirements when a consumer is in bankruptcy or sends a cease communication request under the Fair Debt Collection Practices Act. The interim final rule, issued Oct. 23, 2013, amends some of the mortgage servicing-related provisions in Regulation X (the Real Estate Settlement Procedures Act) and Regulation Z (the Truth In Lending...
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ATR/QM Rule Will Further Limit Access to Mortgages, S&P Says

December 2, 2013
The scope of the ability-to-repay/qualified mortgage final rule released earlier this year by the CFPB will make it more difficult for borrowers to obtain loans and tighten already-strict underwriting standards, according to analysts at Standard & Poor’s Ratings Services. “We anticipate that the rule will prevent many of the types of loosely underwritten mortgages that caused systemic risk during the 2006 and 2007 origination period, but may do so at the expense of limiting credit access – sometimes to qualified borrowers,” they...
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CFPB Mortgage Disclosure Rule Not as ‘Transformational’ as ATR

December 2, 2013
The CFPB has gone ahead and issued the last big piece to the mortgage finance puzzle it was mandated to manufacture by the Dodd-Frank Act, the integrated mortgage-disclosure rule under the Real Estate Settlement Procedures Act and the Truth in Lending Act and related forms. The good news for the mortgage finance industry – apart from the 20-month implementation period – is that the new rule and forms, part of the bureau’s “know before you owe” initiative, are not nearly as “transformational” towards the fundamental nature of the...
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Short Takes: The Mortgage and the Damage Done – to Banks / Lower FICO Loans Increase / Who Says LPMI is Dead? / FGMC Caters to Brokerage Firms / CFPB’s New QM Webinar

December 2, 2013
Paul Muolo and Thomas Ressler
Standard & Poor’s recently published an updated estimate of likely losses stemming from mortgage-related litigation, finding that banks face future costs of $56.5 billion to $104 billion.
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BofA Will Pay Freddie $404 Million to Settle Legacy Repurchase Claims

December 2, 2013
Paul Muolo
The GSEs are beginning to take in a significant amount of money from R&W settlements, but both stand to reap an even larger windfall from a pending civil lawsuit filed by the FHFA against 17 issuers of private label MBS.
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FHFA Will Unveil Capital Ratio for MIs Soon; New ‘Master Policy’ Out Now

December 2, 2013
Paul Muolo
Meanwhile, the regulator Monday morning unveiled new “master policy” requirements for the MI industry, which will make it harder for insurance firms to get out paying claims on defaulted mortgages.
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No Effort in Congress to Extend FHA High-Cost Loan Limit

December 2, 2013
George Brooks
Over the past two years, the FHA endorsed 9,183 loans between $600,000 and $729,750
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G-Fee ‘Parity’ Between Large and Small Mortgage Firms Elusive

December 2, 2013
Paul Muolo
How much individual sellers pay for their g-fees is one of the best-kept secrets in the industry.
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VA Table Sets Maximum Allowable Attorney Fees

November 27, 2013
The Department of Veterans Affairs has provided VA lenders a table for determining the appropriate and maximum cost of legal services for each preferred method for foreclosing in judicial and non-judicial states. Specifically, the table concerns the maximum attorney fees the VA will allow in calculating the payment of loan guaranty claims upon termination of the VA loan. It reflects the amounts the VA has determined to be reasonable and customary for all states, following an annual review of amounts allowed by other government-related home loan programs. Every year, the VA ...
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