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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Worth Noting

February 25, 2013
CFPB Remains on Radar of Hostile House GOP. The activities and influence of the CFPB will be a subject of keen interest to hostile Republicans on the House Financial Services Committee, according to the committee’s recently published agenda for the 113th Congress. The committee said it will scrutinize the CFPB’s regulatory, supervisory and enforcement initiatives to make sure they protect consumers against unfair and deceptive practices without stifling economic growth, job creation or reasonable access to credit. “In...
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The Week Ahead

February 25, 2013
Monday, February 25: Comments are due on the CFPB’s proposed amendments to Regulation Z (ability-to-repay rule). Tuesday, February 26: Federal Reserve Board Chairman Ben Bernanke is scheduled to appear before the Senate Banking, Housing and Urban Affairs Committee to deliver the central bank’s Semiannual Monetary Policy Report to the Congress. The Senate Finance Committee is scheduled to vote on President Obama’s nominee for Treasury Secretary, Jack Lew, the president’s former chief of staff and a former official at...
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Mortgage Lawsuits Expected for Wall Street Banks Seen By Some in Congress as ‘Too Big to Jail’

February 22, 2013
The Department of Justice and the Securities and Exchange Commission are likely to pursue more mortgage-related lawsuits due to pressure from Congress, according to former federal attorneys. “The fact that the attorney general now speaks of financial fraud enforcement as one of the top three priorities of the Department of Justice, just after terrorism and keeping people safe in their communities, trickles down to the lowest levels of the department and elsewhere in terms of the dedication of resources, the coordination, the training, the case referrals,” said Andrew Schilling, a partner at the law firm of BuckleySandler and a former chief of the civil division of the U.S. Attorney’s Office for the Southern District of New York. The latest pressure came...
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REITs Slow Down Pace of MBS Acquisitions, But End the Year With Significant Gains Over 2011

February 22, 2013
Despite softening involvement during the last quarter of 2012, most of the top real estate investment trust MBS investors had healthy increases in their portfolios over the last year, including six that showed triple-digit increases, mostly on the strength of an active first half of the year. According to a new analysis by Inside MBS & ABS, REIT MBS investors as a group increased their MBS holdings by 47.4 percent in 2012, to a total $357.45 billion, despite a collective shrinkage of 4.1 percent during the fourth quarter of the year. All but $7.49 billion were in agency MBS. The biggest year-over-year portfolio gains were seen...[Includes one data chart]
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S&P’s Parent Company Downgraded by Moody’s and Fitch Due to DOJ Lawsuit

February 22, 2013
Moody’s Investors Service and Fitch Ratings have downgraded the senior unsecured and issuer default ratings of The McGraw-Hill Companies, parent of Standard & Poor’s, to below A-level ratings with a negative outlook. The downgrades are largely due to the Department of Justice’s recent lawsuit regarding ratings of collateralized-debt obligations and rating models for non-agency MBS. “The Baa2 rating balances the company’s history of prevailing in its legal defenses against the potentially substantial negative credit effects that could result from adverse litigation or settlement outcomes,” Moody’s said after downgrading McGraw-Hill’s senior unsecured rating from A3 late last week. “In addition, the management focus and direct costs involved in defending litigation may be a persistent drag on the company’s operations over the intermediate term.” Moody’s said...
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Prices for Jumbo Whole Loans Are Starting to Look Pricey, But It Likely Won’t Affect MBS Plans Much

February 22, 2013
Sellers of jumbo whole loans into the secondary market are getting prices of up to 103 – and in some cases more – which on paper might throw a monkey wrench into the economics of trying to create a new MBS, but it’s not turning out that way. According to loan traders and industry consultants, MBS spreads to Treasuries have tightened over the past several weeks, making the economics of issuing a security better, even though the price for the underlying product might look a bit rich for potential issuers. “The cost of funds are going down,” said one trader. According to Craig Cole, a principal in Emerald Consulting LLC, the price paid...
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Appetite for MBS Doesn’t Appear to Be Waning, Cerberus Targets Agency and Non-Agency MBS

February 22, 2013
Two months back Macquaire Equities Research issued a report declaring that investing in agency MBS “is like playing a game of chicken.” The analytics firm was speaking mainly about REITs, advising its clients to “take the dividends and run.” Its chief concern was that MBS investing REITs aren’t diversified. “We spoke with agency REIT management teams and found that while the current environment is challenging, for the most part they remain committed to the agency MBS asset class,” wrote Macquarie analyst Jasper Burch. Earlier this month, hedge fund giant Cerberus Capital filed...
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Fitch Predicts Increase in Bulk Loan Sales as Banks Look to Relieve Pressure on Portfolios

February 22, 2013
Banks are likely to pursue more bulk sales this year and the next to rid their books of nonperforming real estate assets, which could attract investors looking for better yield, according to Fitch Investors Service. Successful bulk sales will allow more banks to concentrate on their core banking services, while reducing their costs of holding nonperforming real estate loans on their balance sheets, said Fitch analysts. Sales at banks with high volumes of nonperforming commercial-related loans also are expected to pick up over the next 12 to 18 months, particularly as many commercial real estate (CRE) loans originated before the financial crisis near maturity, they added. Investors such as hedge funds, high-yield asset managers and other lightly regulated entities seeking higher returns in a low interest-rate environment have caused...
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Wells Is Not Done Tinkering with its Mortgage JVs / Redwood May Target MSRs in a Major Way / Residential Originations Slowing? / Banks No Longer Love MBS? / Ocwen Adjusts to ‘A’ Paper Servicing

February 22, 2013
Paul Muolo
Wells Fargo, the nation's largest home funder, is continuing to review its mortgage joint ventures.
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Lack of QM Protection for IOs Not a Concern

February 22, 2013
The ability-to-repay rule from the Consumer Financial Protection Bureau will not have a negative impact on First Republic Bank’s originations of interest-only mortgages, according to James Herbert, chairman and CEO of the bank. Officials at Redwood Trust also said the rule is unlikely to impact its acquisition and securitization of IOs. If anything, First Republic’s Herbert said the new rule from the CFPB, which included harsher treatment for IO originations beginning in 2014, could help increase ...
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