The bureau recently put out a safe]harbor list of countries that qualify for an exception to one of the requirements of the bureaufs remittance rule, which was published in February. The remittance rule generally requires remittance transfer providers to give specified disclosures to consumers sending remittance transfers. Among other requirements, a provider generally must disclose to a sender the total amount the recipient will receive, as well as the applicable exchange rate, fees and taxes. In certain circumstances, the rule permits providers to estimate these amounts...
The CFPB has made another call for public input on its Request for Information on Effective Financial Education initiative, which was first published in the Aug. 2, 2012, issue of the Federal Register.Specifically, the bureau’s Office of Financial Education “seeks public comment on effective financial education approaches that create opportunities for consumers to improve their financial decision-making capabilities,” the notice stated. The request “reflects the CFPB’s acceptance of a behavioral economics approach,” according to Barbara Mishkin, of counsel...
GOP Candidate Opines on the Qualified Mortgage. Republican presidential candidate Mitt Romney briefly delved into one of the mortgage industry’s hottest issues during the first debate he had with President Obama, citing the CFPB’s pending ability-to-repay rule, asserting that banks have become reluctant to originate new mortgage loans because of delays and uncertainty surrounding the qualified mortgage definition. “You say we were giving mortgages to people who weren’t qualified. That’s exactly right. That’s one of the big reason for the great financial calamity we had,”...
Unanticipated complications with the Dodd-Frank Act appear to have caused Fannie Mae and Freddie Mac to miss a Sept. 30 deadline set by the Federal Housing Finance Agency to initiate risk-sharing transactions with non-agency investors. However, FHFA officials said they continue to work with the government-sponsored enterprises on the issue. “Risk sharing is a complex process that requires time to assess market opportunities, structural considerations, make operational changes, and develop proper risk metrics and controls,” an FHFA spokesman said. “We are moving forward steadily and expect to continue making progress in the coming months.” FHFA officials would not comment...
A federal district court in Minnesota rejected a mortgage securitization trustee’s plea to compel a lender to repurchase defective home loans after finding that the loans no longer existed following the foreclosure and sale of the mortgaged properties. Ruling in MASTR Asset-Backed Securities Trust 2006-HE3 v. WMC Mortgage Corp., U.S. District Court Judge John Tunheim granted the lender’s motion for partial summary judgment after determining that the loans had been extinguished when the trustee foreclosed on the properties and charged off the remaining principal balances. The dispute boiled down...
Federal banking regulators, striving to keep their bank oversight current with international regulators through the adoption of the Basel III capitalization standards, are facing growing domestic resistance, including that of some of their state-based counterparts, who are concerned about the impact on mortgage assets. Greg Gonzales, chairman of the Conference of State Bank Supervisors, said last week that the organization strongly supports federal banking agencies’ efforts to improve capital standards internationally and for systemic institutions, but is opposed to their proposed approach to implement the Basel III capital accord and to incorporate a standardized approach for risk-weighted assets. “As bank supervisors, we believe...
In collaboration with the Residential Mortgage-Backed Securities Working Group, New York Attorney General Eric Schneiderman filed a lawsuit last week against JPMorgan Chase and two related entities. The lawsuit targets underwriting on nonprime MBS deals, and Schneiderman said it could serve as a model for future planned actions by the Obama administration’s RMBS Working Group. “There are more cases to come,” he said. “We believe that this is a workable template for future actions against issuers of ...
Numerous small servicers submitted comments to the Consumer Financial Protection Bureau warning that proposed servicing rules will result in consolidation – to the benefit of large special servicers. The comment period on the proposed rules closed this week, with small servicers seeking exemptions from potential new servicing standards. The CFPB issued proposed servicing rules in August, some of which were required by the Dodd-Frank Act. Industry analysts suggest that large servicers will have fewer problems complying ...
Fitch Ratings completed a review of ratings of jumbo mortgage-backed securities last week, resulting in downgrades of 6 percent of outstanding jumbo MBS. The downgrades were concentrated on pre-2005 MBS. “Adverse selection and structural features vulnerable to tail-risk have increased negative rating pressure for seasoned jumbo MBS,” Fitch said. The rating service noted that 14 percent of jumbo MBS remains on watch for downgrade and a determination on the ratings is expected by the end ... [Includes two briefs]
While President Barack Obama and his Republican challenger, Gov. Mitt Romney, differ widely on key issues, both candidates appear to agree on the need to reduce the government’s role in housing and bring private capital back to the mortgage market, industry observers say. Nothing much has been said in public forums or in the first presidential debate (except for a brief mention of the “qualified mortgage” proposal) about the housing issue, but observers say their positions on FHA may not be far apart. Obama’s approach to the housing crisis is ...
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