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Inside the CFPB
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FHA Won’t be Part of Eminent Domain Scheme

May 31, 2013
A top official of the Department of Housing and Urban Development said the agency is as concerned as Congress and the industry about mortgages seized through the power of eminent domain and will not refinance any mortgage taken in this manner. Testifying at a recent hearing before the House Financial Services Subcommittee on Housing and Insurance, Charles Coulter, deputy assistant secretary for housing, said FHA leadership is very much concerned about the idea of seizing troubled mortgages held in private-label securitizations under the power of ...
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Around the Industry

May 31, 2013
Lender Violated FHA’s ‘Outside Employment’ Rule. The Department of Housing and Urban Development’s Office of the Inspector General recommended action against a Las Vegas FHA lender for violating the agency’s rules on outside employment and timely quality control reviews. An OIG audit of All Western Mortgage, a former loan correspondent and current nonsupervised FHA lender, found that two of the company’s loan officers were allowed to moonlight as real estate agents. To their credit, the two loan officers originated just ...
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Warehouse Sector Remained Strong in 1Q, But Concerns About Next Year Surfacing

May 30, 2013
Warehouse lenders that finance nonbank mortgage firms continue to report strong commitment volumes and usage rates, but there is an underlying fear that the good times won’t last forever. Nevertheless, that’s not stopping their telephones from ringing. “We’re seeing more requests for increases in lines than decreases,” said a senior manager who spoke under the condition his name not be used. “Most of our lines are holding steady.” Bob Garrett, executive vice president of mortgage warehouse lending at First Tennessee Bank, said...[Includes one data chart]
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White House Extends HAMP Program Through the End of 2015

May 30, 2013
Brandon Ivey
Through the first quarter of 2013, 1.1 million borrowers have received permanent HAMP modifications, well below the 3 million to 4 million the Obama administration projected when launching the program in 2009.
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CFPB Finalizes ATR Amendments for Small Creditors, Revises LO Comp Calculation

May 30, 2013
Thomas Ressler
The revised rule excludes from the calculation of points and fees paid by a consumer to a mortgage broker when that payment has already been counted toward the points-and-fees thresholds as part of the finance charge.
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CFPB Finalizes ATR Amendments for Small Creditors, Revises Loan Originator Compensation Calculation

May 30, 2013
The Consumer Financial Protection Bureau this week finalized amendments to its ability-to-repay rule to revise how loan origination compensation is calculated for certain purposes. The agency also provided exemptions and modifications for small creditors, community development lenders and housing stabilization programs. The Dodd-Frank Act generally provides that points and fees on a qualified mortgages may not exceed 3 percent of the loan balance, and that points and fees in excess of 5 percent will trigger the protections for high-cost mortgages under the Home Ownership and Equity Protection Act. Dodd-Frank also included a provision requiring that loan originator compensation be counted toward these thresholds, even if it is not paid upfront by the consumer directly to the loan originator. The revised rule excludes...
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Price of GSE Stock Keeps Rising, Consumer Advocate Nader Demands ‘Protection’ for Common Shareholders

May 30, 2013
Consumer advocate Ralph Nader doesn’t exactly have a seat at the mortgage reform table, but that isn’t stopping him from asking the Treasury Department to do something to protect what he calls “the already financially injured common shareholders” of Fannie Mae and Freddie Mac. In a recent letter to Treasury Secretary Jack Lew, Nader blames a host of senior government officials – including Federal Reserve Chairman Ben Bernanke – for misleading investors about the financial health of Fannie and Freddie just months before they were seized by the federal government in September 2008. Nader, a one-time shareholder in the government-sponsored enterprises, is pushing...
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Brokers Consider Ways to Bypass 3 Percent Points-and-Fees Cap, But Experts Warn Against Switching Hats Too Soon

May 30, 2013
Loan originators seeking to exclude their compensation from the 3 percent points-and-fees calculation under the Dodd-Frank Act could consider becoming a correspondent lender or a net branch operator to skirt the restriction. But industry experts caution that such a plan has its own pitfalls. The possibility of brokers switching hats surfaced as the mortgage broker industry, once again, struggles against what it deems unfair restrictions on broker compensation. The Consumer Financial Protection Bureau appears to have addressed some of these issues with changes to its ability-to-repay rule designed to eliminate double counting in the calculation of loan originator compensation. [See the story on page 5.] The inclusion of loan originator (LO) compensation in the calculation of points and fees under the CFPB rule raises...
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Mortgage Brokers Could Get Hammered by CFPB ATR Amendments

May 30, 2013
Paul Muolo
Mark Savitt, president of the National Association of Independent Housing Professionals, told Inside Mortgage Finance that including “lender paid” compensation to brokers in the 3 percent cap is “double counting.
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Short Takes: Robbins Out at Bexil American / Fannie Insider Selling Shares / TMS Gets Ginnie Mae Approval / IMA Offers MSRs for SPM

May 30, 2013
Brandon Ivey and Paul Muolo
John Robbins is out at Bexil American Mortgage. Meanwhile, EverBank readies its second jumbo MBS deal of the year.
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