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Inside the CFPB
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Appeals Court Upholds Dismissal of Lawsuit over Freddie Losses

August 2, 2013
A federal district court in Illinois did not err in dismissing a lawsuit by investors against a hedge fund over nearly $7 million lost in Freddie Mac stock before the GSE was forced into conservatorship, according to a recent ruling by the Seventh Circuit Court of Appeals. The appeals court agreed with the lower court that the plaintiffs failed to present any valid cause of action.
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FHFA Seeks Changes to CFPB Rule

August 2, 2013
Certain provisions in the Consumer Financial Protection Bureau’s proposed changes to its mortgage servicing rule conflict with Fannie Mae’s and Freddie Mac’s own servicing guidelines and should be amended, according to the Federal Housing Finance Agency. In a comment letter, the Finance Agency cited the similar goals of the FHFA’s single, consistent set of servicing procedures established in 2011 to form the Servicing Alignment Initiative and the bureau’s 2013 Mortgage Servicing Final Rule. …
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Auditor Identifies Recurring Compliance Problems

August 2, 2013
Of all the compliance problems uncovered during quality-control audits and reviews of mortgage loans, three are recurring with consistency during the origination phase and originators should pay close attention, said a quality-control specialist. Tommy Duncan, chief executive officer of Quality Mortgage Services and a certified mortgage technologist, said errors continue to happen even though lender compliance has improved from previous years. Overall, regulatory compliance on the ...
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Technology Will be Essential to QM Compliance

August 2, 2013
The complexities of the three percent points-and-fees calculation for the Consumer Financial Protection Bureau “qualified mortgage” standard under its ability-to-repay rule pretty much means that technology is going to be critical in order to be compliant. According to Michael Chan, vice president of ComplianceEase and an expert on compliance technology, the bureau’s QM standard will usher in a whole new paradigm. “Come Jan. 10, 2014, our industry again will be re-defined,” Chan told participants of a webinar ...
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New Rules Pose Big Challenges for Servicers

August 2, 2013
The Consumer Financial Protection Bureau’s new criteria for error notices and information requests present considerable challenges to mortgage servicers, according to a new PricewaterhouseCooper analysis. Implementing the changes will require careful review and updates to systems, processes and responsibilities to ensure servicers’ compliance with the new standards, said PwC. The new procedures for error notices and information requests are based on existing rules for responding to qualified written requests ...
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No Signs of Tapering Yet at the Fed

August 1, 2013
Thomas Ressler
After roiling markets with unclear signals about when it will begin to taper asset purchases, the Federal Reserve returned to boilerplate guidance.
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Short Takes: HUD to Reform Reverse Mortgages / Home Prices Continue to Increase / Potential Bernanke Replacements / Latest Numbers on State-Licensed Lenders

August 1, 2013
Brandon Ivey and Thomas Ressler
Congress passed legislation allowing HUD to reform the Home-Equity Conversion Mortgage program.
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Senate Banking Panel Passes FHA Solvency Measure, Focus Now Turns to Larger Housing Finance Reform

August 1, 2013
The Senate Committee on Banking, Housing and Urban Affairs this week approved bipartisan legislation to strengthen FHA solvency and oversight authority over lenders, paving the way toward dealing with the larger issue of housing finance reform. Introduced by Committee Chairman Tim Johnson, D-SD, and Ranking Minority Member Mike Crapo, R-ID, the FHA Solvency Act (S. 1376) passed by a vote of 21-1. The approved bill included...
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Policy of Paying Bonuses for ‘Upselling’ Mortgages Lands Nonbank Firm in Hot Water with CFPB

August 1, 2013
The Consumer Financial Protection Bureau took its first legal action over alleged violation of the new loan originator compensation rule last week, bringing suit against Castle & Cooke Mortgage, a Utah-based nonbank, and two top executives. The CFPB claims that the defendants had an unwritten policy of paying quarterly bonuses to loan officers based on a formula that rewarded the origination of mortgages with high interest rates, “thus incentivizing loan officers to steer consumers into mortgages with less favorable terms, the very practice the compensation rule sought to prohibit,” said the CFPB’s complaint. Overall, the firm paid...
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Mortgage Origination JVs Prepare for Life After Wells Fargo; Megabank Blames Exit on Dodd-Frank

August 1, 2013
When Wells Fargo recently pulled the plug on its remaining loan-production joint ventures, it downplayed the significance of the move, explaining that in the scheme of things these unique partnerships – mostly with real estate companies – account for just 3 percent of its total production. But for some of the eight JVs that were shoved aside, it could be a big deal because it means they may now have to find either a new partner or raise additional capital. Still, not all of the JVs are fretting...
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