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Inside the CFPB
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Seventh Circuit Court Rules Treasury Sweep Not Illegal

May 11, 2018
Investors arguing that the net worth sweep was unjust hit a roadblock late last week when the Seventh Circuit Court ruled that they can’t claim GSE profits post-conservatorship.This latest ruling also led the Federal Housing Finance Agency to try to influence the outcome in similar cases against the agency. The shareholders sought to overturn a 2017 ruling in which a federal judge went against them and granted the government’s motion to dismiss the complaint.In this case, Christopher Roberts, et al., vs. the Federal Housing Finance Agency et al., similar to other shareholder complaints, investors argued that the...
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Wall Street Group Meets With CFPB on Litigation Against ABS Trusts Based on Servicer Activity

May 11, 2018
The Consumer Financial Protection Bureau should not take enforcement action against securitization trusts for the acts of servicers, the Structured Finance Industry Group said.
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MBS Traders Prevail in Two Cases Brought by Federal Government; RBS Settles with DOJ, GE Could be Next

May 11, 2018
Non-agency MBS traders defeated charges brought by the federal government in two separate cases late last week. In one case, a judge ruled that a lower court erred by admitting evidence against the trader; in the other, a jury determined that bluffing by a trader didn’t warrant a conviction.
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Recent Ruling Shows FHFA Acted Within Its Powers In Treasury Sweep, Another Win for the Government

May 11, 2018
The Seventh Circuit Court shot down the chances of Fannie Mae and Freddie Mac shareholders reviving their Treasury sweep claims last week. Investors Christopher Roberts and Thomas Fischer argued that the preferred stock purchase agreement was illegal and robbed shareholders of their profits.
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REITs Pull Back from MBS Investments Ever So Slightly

May 11, 2018
John Bancroft
It’s not clear if the REIT sector will amp up its participation in credit-risk transfer deals offered by Fannie Mae and Freddie Mac…
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Collateral Backing Freddie LOC $5 Billion to $7 Billion in Size?

May 11, 2018
Paul Muolo
A former Fannie executive (pre-federal takeover) said that when he worked at the GSE, “We looked at doing this, but were told it wasn’t in the charter and so we didn’t proceed.”
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What We’re Hearing: Anxiety Rising Regarding GSE Reform / Higher G-Fees? No More Cash-out Refis? / What Mick Mulvaney Might Do if He Headed the FHFA / Mulvaney’s PADs / Layoffs at Impac

May 11, 2018
Paul Muolo
Surely, conservatives are applauding the way Mulvaney is trying to remake the Consumer Financial Protection Bureau...
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Secondary Market Activity Strong in 2017

May 11, 2018
About 70.4 percent of the home loans originated in 2017 were sold to secondary market investors, according to a new Inside Mortgage Trends analysis of Home Mortgage Disclosure Act data released this week. According to the preliminary HMDA data made available by federal regulators, lenders reported $1.738 trillion in first-lien single-family mortgage originations in 2017. HMDA data cover about 96 percent of the market. The biggest buyers were Fannie Mae ... [Includes one data chart]
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Lenders Quantify Cost, Impact of ATR Rule

May 11, 2018
The Consumer Financial Protection Bureau’s ability-to-repay requirements yielded higher costs for lenders and revealed flaws with vendors’ loan originations systems, according to a recent survey of lenders. The ATR rule and standards for qualified mortgages took effect in early 2014. Strategic Mortgage Finance Group surveyed 122 lenders about the regulation earlier this year. Lenders estimated that ATR/QM added $139 per loan to their ongoing origination costs. Only $44 of ...
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CFPB Chooses Not to Appeal PHH RESPA Ruling. A Shift from ‘Regulation by Enforcement’

May 10, 2018
Yemeng Yang
Former CFPB Director Richard Cordray challenged PHH’s captive reinsurance program, ruling that any referral of settlement business that involves payments is prohibited under RESPA…
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