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Inside the CFPB
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Court Rules HUD Failed to Protect HECM Spouses

October 18, 2013
Two surviving spouses of deceased reverse mortgage borrowers won their case against the Department of Housing and Urban Development after a U.S. court found HUD in violation of federal law for failing to protect the spouses from foreclosure. The court’s decision marks a turning point for surviving spouses, such as Robert Bennett of Annapolis, MD, and Leila Joseph of Brooklyn, NY, and ensures that they will be protected against eviction and foreclosure, despite the loss of their husband or wife, said Jean Constantine-Davis, a senior attorney with the AARP Foundation Litigation. In March 2011, the AARP and the law firm of Mehri & Skalet of Washington, DC, filed ...
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20 Percent of Mortgages Would Fail QM Safe Harbor

October 18, 2013
Thomas Ressler
More than one in five loans originated today won’t satisfy the criteria for safe harbor legal protections as qualified mortgages under the ability-to-repay rule from the Consumer Financial Protection Bureau, according to an analysis by ComplianceEase.
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‘QM Plus’ Threatens Access to Credit, Return of Private Capital

October 17, 2013
Thomas Ressler
The QM Plus option would be limited to loans secured by a principal dwelling. No subordinate liens would be permitted for purchase-money transactions.
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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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