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Inside the CFPB
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Reg Relief to Cause a Cascade of Looser Standards?

July 13, 2018
A provision involving community banks and qualified mortgages in recently enacted regulatory relief legislation could prompt community banks and nonbanks to loosen underwriting standards for non-agency mortgages, according to Moody’s Investors Service. Banks with less than $10.0 billion in assets can receive QM treatment for certain loans that would otherwise be non-QMs if the banks hold the mortgages in portfolio acording to the Economic Growth, Regulatory Relief and ...
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News Briefs

July 13, 2018
Borrower complaints about nontraditional mortgage products from nonbanks in California decreased in 2017, according to the state’s Department of Business Oversight. The California DBO said nonbank lenders and servicers received 12,963 complaints about nontraditional mortgages, down 11.1 percent from 2016. However, officials at the DBO cautioned against making comparisons between data for 2016 and 2017 because the number of ... [Includes two briefs]
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Supreme Court Takes Case on Non-Judicial Foreclosures

July 12, 2018
Brandon Ivey
Some courts have determined that because non-judicial foreclosures don’t technically obligate borrowers “to pay money,” protections from the FDCPA aren’t available.
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Financial Services Industry Wants ‘Binding’ Guidance from the CFPB

July 12, 2018
Yemeng Yang
The American Bankers Association argues the CFPB should acknowledge the bureau is bound by the guidance it issues…
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Short Takes: FHA in a Hiring Mode / CAIVRS, Old as Dirt? / Likening the GSEs to ‘The Blob’ And His Son / Level One Ponies up to the Mortgage Bar / MSR Auction from The Prestwick Group

July 12, 2018
Paul Muolo
One slide in the GSE presentation is entitled, “The Blob and the Return of the Blob,” a reference to the horror movie classics of the late 1950s…
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Fair Lending, Housing Advocates Slam DOJ Repeal of Guidance on Mortgage Shopping, Predatory Lending

July 12, 2018
The Department of Justice abolished the concept of regulation-by-guidance with last week’s repeal of 24 guidance documents issued by a variety of government agencies, including those that provide information regarding predatory lending, consumer mortgage shopping and discrimination.
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Fairness in Mortgage Servicing Might Become a Hot Spot of Litigation, Compliance Experts Warn

July 12, 2018
Fair lending in the mortgage servicing context has become an area of regulatory interest especially when dealing with disabled borrowers and those with limited English proficiency, compliance professionals said at the recent American Bankers Association’s regulatory compliance conference in Nashville.
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Supreme Court Takes Case on Fair Debt Collection Practices Act and Non-Judicial Mortgage Foreclosures

July 12, 2018
The U.S. Supreme Court is scheduled to hear a case that will determine whether non-judicial foreclosures are subject to protections provided by the Fair Debt Collection Practices Act. Lower courts have split on the issue, causing problems for servicers and borrowers.
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The Fed of New York Likes What it Sees on ‘Fintech’

July 11, 2018
Brandon Ivey
The Fed report focused on the origination of FHA mortgages, which are generally more risky than loans eligible for sale to GSEs…
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New FHA Commissioner Montgomery: Risk-Sharing with PMIs not a Priority

July 11, 2018
Paul Muolo
FHA Commissioner Brian Montgomery on risk-sharing with private MI firms: Not an immediate concern…
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