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Inside the CFPB
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FHA Reform Legislation an Uphill Climb

February 22, 2013
House Republicans may be able to pass tough FHA reform and solvency legislation out of committee but they may not have enough votes on the House floor or in the Senate to sustain such a bill, according to industry sources. Even after two successive hearings in the House Financial Services Committee this month, there has been no clear indication from Chairman Jeb Hensarling, R-TX, as to which proposals might go into a legislative package of FHA reforms. Hensarling is said to be operating “with a very strong hand,” and if it were up to him entirely, he would draft legislation that would contain some ...
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New Claims Precluded from ‘Release,’ Court Rules

February 22, 2013
Wells Fargo suffered a big legal setback after a federal judge denied its request to enforce a consent judgment under last year’s landmark $25 billion servicing settlement to prevent a New York lawsuit from proceeding. Judge Rosemary Collyer of the U.S. District Court for the District of Columbia rejected Wells Fargo’s argument that the new government suit filed in Manhattan district court was improper because it violated the consent judgment against Wells Fargo and flies in the face of the judgment’s “liability release” provision. Wells Fargo argued that the allegations in a civil mortgage fraud suit filed by ...
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VA Officials See 2013 as Record Year for Volume

February 22, 2013
The VA is on pace in 2013 to shatter an old mortgage production record set in 1994, according to agency officials. Mike Frueh, director of the Department of Veterans Affairs’ Home Loan Guaranty Services, said the VA is “trending” to do just about 600,000 home loans even though the home buying-and-selling season, which typically kicks off in the spring, has not yet started. The last time the VA originated that many home loans was in 1994, a banner year for VA mortgage lending to veterans and active members of the military. FY 2012 became the second best year for VA loan originations with ...
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Further Drops Expected as FHA Jumbos Slip in 4Q

February 22, 2013
A modest decline in FHA endorsements of jumbo loans in the fourth quarter of 2012 could presage further declines this year, following the Department of Housing and Urban Development’s recent proposal to raise the downpayment requirement to 5 percent, from 3.5 percent, for loans above $625,500. The FHA already has raised its jumbo mortgage insurance premiums to 1.55 percent annually and increased the monthly premiums on new, non-jumbo FHA mortgages by 10 basis points. The agency retained the 3.5 percent downpayment for new forward mortgages below $625,500. The increased premiums are ... [2 charts]
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OIG Raises Axe on DE Lender for Rule Violation

February 22, 2013
The Department of Housing and Urban Development’s Office of the Inspector General has alerted the FHA of significant potential losses because a California-based direct endorsement lender allowed certain FHA-insured loans with prohibited restrictive covenants to be recorded. An OIG audit of 84 FHA-insured loans underwritten by Standard Pacific Mortgage of Irvine, CA, found 28 loans with unallowable restrictive covenants that were recorded in certain Florida and Arizona county registers. The loans were closed between Jan. 1, 2008, and Dec. 31, 2011, the OIG said. Of the 28 loans, 15 resulted in ...
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Around the Industry

February 22, 2013
NCOA Booklet Required Reading for HECM Borrowers. The National Council on Aging has announced the availability of the 2013 version of “Use Your Home to Stay at Home,”, the official reverse mortgage booklet approved by the Department of Housing and Urban Development. The booklet is designed to help older homeowners understands the pros and cons of a reverse mortgage. Federal law requires that all individuals who are considering a reverse mortgage go through pre-counseling by a HUD-approved counseling agency and receive a copy of the NCOA guide. The NCOA also offers other ...
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CFPB Projects 26 Percent Staffing Increase This Year

February 21, 2013
Thomas Ressler
The CFPB continues to increase its staff levels by significant numbers with hiring jumping by 26 percent this year.
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Servicers Progressing on ‘Robo’ Relief, But Complaints Continue

February 21, 2013
Brandon Ivey
The five servicers participating in the $25.0 billion national “robo-signing” settlement are well on their way toward meeting their obligations.
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As Washington Grapples with Spending, CFPB May Face Challenges Transitioning into More Mature Role

February 21, 2013
The Consumer Financial Protection Bureau may run into budget pressures as it transitions from its start-up and rulemaking period to supervision and enforcement, all while policymakers struggle with spending restraints and Congressional Republicans continue to sharpen their CFPB axes in light of the Noel Canning v. National Labor Relations Board ruling, according to an industry consultant. If the bureau does need more funding, it might find its influence unexpectedly limited. The D.C. Circuit Court of Appeals’ Jan. 25 decision in Canning raises...
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Dodd-Frank Act Implementation, CFPB Oversight and FHA Primary Focus of Senate and House Committees

February 21, 2013
Look for the Senate Banking, Housing and Urban Affairs Committee under a Democrat majority to focus over the next two years on assuring a smooth implementation of the Dodd-Frank Act, stabilizing the housing market and building a “bipartisan consensus” on housing finance reform, according to the committee’s chairman. “From protecting consumers and taxpayers from Wall Street abuses, to providing the Federal Housing Administration with additional tools to manage its finances while continuing to serve American families, I believe we can find common ground,” said Sen. Tim Johnson, D-SD, chairman. The committee will continue...
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