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Inside the CFPB
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CFPB Struck on the CID Process, Hints Review of its Approach

September 17, 2018
A court panel recently declined to enforce a civil investigative demand issued by the CFPB because the language is too broad and generic. Attorneys said it was the second strike against the bureau for aggressive interpretation of its authority after the D.C. circuit ruled a CID invalid last year. A panel of the U.S. Court of Appeals for the Fifth Circuit held that a CID issued to Source for Public Data – a company that provides public records through an internet-based ...
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CFPB Files First Ever Lawsuit Under Mulvaney, With Some Issues

September 17, 2018
Almost 10 months into Acting Director Mick Mulvaney’s tenure at the CFPB, the bureau filed its first new lawsuit. The CFPB last week filed charges against Future Income Payments (FIP), Irvine, CA, in federal district court in the Central District of California. The bureau alleged that FIP’s pension-advance products were loans with interest rates “that are substantially higher than credit card interest rates,” according to the complaint, which also names the company's owner ...
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Other News in Brief: Model Disclosures; Bill on Guidance; Financial Well-being

September 17, 2018
CFPB Updates Model Disclosures Under Fair Credit Reporting Act . The CFPB last week issued an interim final rule updating two model disclosures to reflect changes made to the FCRA by the recent Dodd-Frank reform act.The Economic Growth, Regulatory Relief, and Consumer Protection Act, which became law in May, requires nationwide consumer reporting agencies to provide “national security freezes” free of charge to consumers. The [Includes three briefs] ...
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Parent of Church Street Mortgage Files to Go Public

September 17, 2018
Paul Muolo
If all goes well, the net proceeds will total $20.25 million.
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Short Takes: MBA’s Stevens Looks Back at the GSEs (Pre-Crisis) / A No-Bid Because of FM Watch Ties / What’s FM Watch? / Sharp Elbows? / TMS Buys Two MSR Packages, Is Hungry for More / PenFed Hires USAA Exec to Run Mortgages

September 17, 2018
Paul Muolo
It may be hard to fathom, but Fannie and Freddie once played with very sharp elbows…
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Lawyers for Banks and Marketplace Lenders Seek Federal Regulation to Help Maintain Business Model

September 14, 2018
Federal regulators should issue regulations that would help banks sell loans and maintain the marketplace lending business model, according to lawyers representing the financial institutions. It’s not every day that lenders seek federal regulation, but preemption of state regulations and unfavorable court rulings can prompt calls for help.
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CFPB Encourages Alternative Consumer Disclosures, Hints at More No-Action Letters

September 14, 2018
Yemeng Yang
But the program has been a dud...
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Lenders Seek Uniform Standard for Ad Disclosures

September 14, 2018
The Mortgage Bankers Association is working to reduce the speed talking and fine print that tend to accompany advertisements for mortgages. Currently, ad-disclosure requirements for mortgages vary by state. In August, Illinois became the first state to adopt a uniform ad-disclosure protocol supported by the MBA. Mortgage ads in the Prairie State must now include a reference to the Nationwide Multistate Licensing System and Registry’s consumer access website and cite ...
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September Issuance of Final FHA Condo Rule Unlikely

September 13, 2018
George Brooks
So far, the final rule has not been delivered for OMB review, a process that in the past has sometimes taken months to complete.
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September Issuance of Final FHA Condo Rule Unlikely, Spot Financing is a Stumbling Block

September 13, 2018
The release of the Department of Housing and Urban Development’s long-anticipated final rule on condominium lending reform, which aims to boost FHA activity in the sector, may take longer than expected, according to industry participants.
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