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Inside the CFPB
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Bank of America Joins the Ranks of Top Lenders Accused of Bias in REO Management Practices

September 27, 2012
Bank of America and its home loan servicing unit were accused of maintaining and marketing foreclosed homes in white neighborhoods in a much better manner than in African-American and Latino neighborhoods, in a complaint filed this week by the National Fair Housing Alliance. The investigation of 373 foreclosed homes owned or managed by BofA found the company “has engaged in a systemic practice of maintaining and marketing its foreclosed, bank-owned properties in a state of disrepair in communities of color while maintaining and marketing REO properties in predominantly white communities in a far superior manner,” the NFHA said. The complaint was filed with the Department of Housing and Urban Development by the NFHA and five other groups. The housing advocacy groups reviewed...
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Analysts, Investors Expect Fed’s New MBS Purchase Policy to Strengthen Agency, Non-Agency Sectors

September 21, 2012
The Federal Reserve’s plan to purchase an additional $40 billion in agency MBS per month, above and beyond the $25 billion to $30 billion the Fed has been buying, will primarily benefit the agency MBS sector but could also spur revitalization of the non-agency market, analysts say. The open-ended plan, in effect until the U.S. economy and employment picture show significant improvement, adds some $480 billion in annual demand for agency MBS, a market that is on track to produce about $1.5 trillion in gross issuance. “The pressure on asset values to richen further will be substantial,” said analysts at Bank of America/Merrill Lynch. The additional MBS purchases and ongoing principal investments will...
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Fannie Mae Hires New General Counsel From Outside

September 21, 2012
Fannie Mae announced this week it has tapped Bradley Lerman to be the GSE’s new executive vice president, general counsel and corporate secretary. Lerman, 56, joins Fannie Mae from Pfizer where he was senior vice president, associate general counsel and chief litigation counsel.Lerman replaces Timothy Mayopoulos, who was promoted to CEO in June.
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Lenders Vetting More Third-Party Providers

September 21, 2012
Increasing regulatory pressures and ongoing buyback exposure and legal liability is prompting a number of warehouse banks and mortgage lenders to start using outside companies to vet some of their third-party service providers such as settlement agents. Sources say settlement agents are being charged fees to provide certain business information and undergo background checks and credential verifications to become approved; otherwise, they will not be able to close loans for these entities going forward ...
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Fannie, Freddie Stake Out Different Position From Industry on CFPB’s APR Calculation Proposal

September 20, 2012
Fannie Mae and Freddie Mac support the Consumer Financial Protection Bureau’s proposal to institute a higher “all in” annual percentage rate calculation that would incorporate additional fees and charges – one aspect of the larger proposed rule to combine and simplify the consumer mortgage disclosure under the Truth in Lending Act and the Real Estate Settlement Procedures Act. “Fannie Mae and Freddie Mac support the bureau’s proposal to expand the finance charge for several reasons,” the two government-sponsored enterprises said. “First, it will make comparison shopping easier for consumers by eliminating the lack of clarity that now leads creditors to treat identical fees differently.” Second, a more inclusive finance charge will eliminate...
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HMDA Data Reveal Stronger Conventional Purchase Mortgage Market in 2011, Slight Drop in Credit Denials

September 20, 2012
Mortgage originations reported under the Home Mortgage Disclosure Act declined by 11.2 percent from 2010 to 2011, according to an Inside Mortgage Finance analysis of HMDA data released this week by federal regulators. A total of $1.399 trillion of purchase and refinance mortgage originations were reported under HMDA for last year, as well as $26.0 billion of home-improvement loans. The dollar volume of loan applications was down slightly more, falling 11.4 percent from 2010, and the loan denial rate drifted slightly lower, to 17.7 percent. African-Americans and Hispanic loan applicants continued to have higher loan rejection rates, although both groups followed the overall trend toward lower denial rates. The most common reason cited for rejecting a loan application was...[Includes one data chart]
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Treasury Seeking More Improvements From Most Major HAMP Servicers

September 20, 2012
The Treasury Department acknowledged “considerable improvement” among Home Affordable Modification Program servicers last week while also prodding most companies to do better. Meanwhile, researchers suggest that operational issues at a few large servicers significantly reduced the total number of loan modifications that will be completed via HAMP. “While the servicers have improved their performance, they still have more progress to make,” Treasury said. Seven of the nine graded HAMP servicers needed “moderate” improvement as of the end of the second quarter of 2012. Among the major servicers, only OneWest Bank and Select Portfolio Servicing met all seven benchmarks set by Treasury. CitiMortgage was...
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CFPB Accountability Questioned by GOP

September 17, 2012
Consumer Financial Protection Bureau Director Richard Cordray again came under fire from Congressional Republicans who remain opposed to the bureau and its level of power and authority, and concerned about its impact on smaller mortgage lending entities. During a hearing last week of the Senate Banking, Housing and Urban Affairs Committee, Sen. Richard Shelby, R-AL, the ranking Republican, once again recited his refrain of concern about just how accountable the CFPB is, starting with how the bureau has exercised its authority, citing...
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BofA, Justice Dept Reach Settlement

September 17, 2012
The federal government thought that Bank of America went too far in documenting the income of a handful of borrowers with disabilities to make sure they could pay on their mortgages. That’s going to cost the lender an aggregate amount yet to be determined, as well as force the lender to change some of its underwriting practices, even though Bank of America insists it was following policy established by the Department of Housing and Urban Development. Bank of America reached an agreement with the Department of Justice last week that...
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Anxious Mortgage Industry Again Pitches Views to CFPB on QM Rule

September 17, 2012
In another sign of just how anxious the mortgage lending community is about the Consumer Financial Protection Bureau’s pending ability-to-repay rulemaking, especially the aspects that deal with qualified mortgages, the leading industry trade groups again wrote to CFPB Director Richard Cordray late last week to reiterate their views and concerns. In particular, they said they wanted to express their continued strong support for a QM that meets three critical requirements, the first of which is that the QM “must be broadly...
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