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Inside the CFPB
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Booker’s Senate Election Doesn’t Improve Watt’s FHFA Confirmation Prospects

October 17, 2013
Charles Wisniowski
Still, one industry lobbyist warns that with Cory Booker’s election to the Senate, the White House may be willing to exert more influence to advance Mel Watt’s nomination to head the FHFA.
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CFPB Responds to Continued Industry Inquiries, Issues Guidance on Mortgage Servicing Rules

October 17, 2013
The Consumer Financial Protection Bureau this week updated certain provisions in its complex new mortgage servicing rules, most notably the interplay between the servicing rules and the U.S. bankruptcy code, and the Fair Debt Collection Practices Act. “As servicing implementation enters its final phases, we heard from many sources that it was important to address these remaining issues to ensure a smooth transition and provide certainty to the market,” said CFPB Director Richard Cordray. “When mortgage servicers better understand the rules they have to follow, that is better for consumers.” One of the latest hot buttons to emerge regarding the servicing rules has been...
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Short Takes: Mortgage Veterans Continue to Seek Capital for New Ventures / Nonbanks Fastest Growers in GSE Business / Malvern Unloads NPLs / Federal Reserve Sees Little Evidence of Looser Underwriting / CFPB Participates in MBA Webinar on Servicing Rules

October 17, 2013
Paul Muolo and Thomas Ressler
Golf is for slackers. Inside Mortgage Finance knows of at least four veteran mortgage banking executives who, after “retiring,” are looking to reenter the business.
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Uncertainty Regarding CFPB’s QM Rule Shifts from What’s Included to How Courts Will Interpret It

October 17, 2013
After years of claiming that regulatory uncertainty was holding back mortgage originations, lenders appeared to be on their way toward certainty as the Consumer Financial Protection Bureau established a definition for qualified mortgages at the beginning of this year. However, industry participants suggest that few originations of non-QMs are likely in the next few years due to uncertainty regarding litigation. “We don’t know how the courts are going to interpret the rule,” Jon Wishnia, a partner at the law firm of Lowenstein Sandler, said last week at the ABS East conference sponsored by Information Management Network in Miami. “That will really drive where the market goes.” CFPB officials have said...
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‘QM Plus’ Threatens Access to Credit, Fair Lending, Return of Private Capital to the Mortgage Market

October 17, 2013
The so-called QM Plus alternative for defining qualified residential mortgages under the emerging risk-retention rule for asset securitizations threatens the intent of the Dodd-Frank Act to balance consumer protection and fair access to credit, a top industry official said last week. “We really think that the QM Plus provision goes way too far in tipping the balance” between consumer protection and access to credit, David Stevens, president and CEO of the Mortgage Bankers Association, said during a webinar last week sponsored by Inside Mortgage Finance. The revised risk-retention/QRM rule jointly released by a handful of federal agencies in August would align...
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Agencies Propose Acceptance of Private Flood Insurance To Meet Mandatory Purchase Requirements, Set Escrows

October 17, 2013
Five federal regulatory agencies have issued a joint proposed rule to implement certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 regarding private flood insurance, escrow of flood insurance payments and forced-placement of flood insurance. The proposal would affect loans secured by property in a special flood hazard area (SFHA), which is defined as an area within a floodplain having a one percent or greater chance of flooding in any given year. The rash of catastrophic flooding seen in recent years across the country has underscored the need for stronger flood insurance regulations. The Office of the Comptroller of the Currency, Federal Reserve Board, Federal Deposit Insurance Corp., Farm Credit Administration and the National Credit Union Administration are revising...
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ICBA Latest Trade Group to Ask FHFA to Hold Back on GSE Loan Limit Reduction

October 16, 2013
Charles Wisniowski
Since the summer, the regulator has been pondering reducing the current $417,000 maximum loan limit and the “high cost” limit of $625,500. At the earliest, a change could come by January.
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CFPB Issues Guidance on Mortgage Servicing Rules

October 16, 2013
Thomas Ressler
The CFPB also said it is exempting servicers from being required to provide periodic account statements and certain early intervention contacts with borrowers who are in bankruptcy.
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Short Takes: How to Best Count Servicing “Relief”? / Fannie Finally Prices Risk-Share Deal / Nonbank Enters Warehouse Arena / Volume Drop for Jumbo Lender / Surprise: Mortgage Applications Increase

October 16, 2013
Brandon Ivey and Paul Muolo
How do you spell servicing relief? It all depends on who you ask. Meanwhile, First Guaranty Mortgage is entering the warehouse arena.
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ABA: FHLBs Suffer From (Lack of) Image Problem

October 15, 2013
Charles Wisniowski
The low profile of the FHLBs, which has served the system so well in the past, has become a “sizable policy risk” as the relatively few people who will be directing housing finance reform know what the system does.
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