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Inside the CFPB
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Thanks to the GSE ‘Patch,’ GSE HLTVs Increased Noticeably

April 2, 2018
Fannie Mae and Freddie Mac in the second half of last year saw a rapid growth of loans with high debt-to-income ratios, thanks in part to the so-called GSE patch. The government-sponsored enterprises enjoy a special exemption under the qualified mortgage rule of the Consumer Financial Protection Bureau. To achieve QM status, a loan must have a DTI ratio of 43 percent or less, but if a mortgage is sold to Fannie or Freddie, DTI ratios can be higher. In the second half of 2017, loans with DTI ratios ...
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FTC Offers Suggestions on CIDs, Including High-Level Approvals

April 2, 2018
If the CFPB wants to make the civil investigative demand process less painful for companies, it might consider installing a high-level approval process before a CID even gets off the ground, according to another government agency – the Federal Trade Commission. The FTC late last week filed a comment letter on the CFPB’s request for information on CIDs, suggesting ways the agency can relieve the burden on investigative demand recipients. Mortgage lenders that have received one or more CIDs have ...
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CFPB Seeks Input on Inherited Regs and Guidance

April 2, 2018
The CFPB late this month issued two more requests for information – one on the its inherited regulations, and another on bureau guidance and implementation support. Under the Dodd-Frank Act, the agency has the rulemaking authority for federal consumer financial laws previously vested in certain other federal agencies. The bureau is considering whether it should amend the regulations or exercise the rulemaking authorities it inherited. This RFI solicits public input on all aspects of ...
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Concerns Arise as Mulvaney Drops Another Payday Case

April 2, 2018
Acting CFPB Director Mick Mulvaney has reportedly dropped another payday lending case, giving new ammunition to his critics. According to a Reuters report, five people with direct knowledge of the matter said the CFPB under the leadership of Mulvaney decided not to go after National Credit Adjusters and is pondering whether to end cases against three other payday lenders. The agency declined to comment on the Reuters report. Mulvaney said in February the bureau won’t spend a lot of energy ...
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Other News in Brief: Mortgage Servicing Guidance, Auto Lending, Florida Payday Rules

April 2, 2018
CFPB Upgrades Mortgage Servicing Small Entity Compliance Guide. The CFPB has released version 3.1 of its mortgage servicing Small Entity Compliance Guide. The SECG provides a summary of the agency’s 2016 final mortgage servicing rule, which goes into effect April 19. The revised guide incorporates an amendment to the rule released earlier this month, which replaces the previous single-billing-cycle exemption with a single-statement exemption for mortgage servicers ... [Includes three briefs]
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Fannie/Freddie Shareholders Continue to File Lawsuits Challenging Treasury Sweep

April 2, 2018
Carisa Chappell
The company said it made the investments because it believed in the future economic prospects of the companies…
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OIG Wants FHFA to Address Fraud-Reporting Disparities

March 30, 2018
The Federal Housing Finance Agency Office of Inspector General worries that the GSEs aren’t reporting potential fraud in a timely manner as their statute stipulates.In a recent audit, the IG reviewed the FHFA’s oversight of how Fannie Mae and Freddie Mac report fraud. They found a possible disparity between the fraud- reporting requirement in the statute and the FHFA’s regulation and guidance. The FHFA’s definition of fraud appears to have a higher reporting threshold, meaning it allows for more time before a report must be made. The GSE is expected to make a “timely report” to the...
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GSE Shareholders Continue to File Lawsuits Against Treasury Sweep

March 30, 2018
More Fannie Mae and Freddie Mac shareholders have initiated lawsuits against the government for the Treasury sweep of the mortgage giants’ profits. Each of the plaintiffs in the three new cases were owners of the GSEs’ junior preferred stock. The cases, Akanthos v. U.S., CSS v. U.S. and Appaloosa v. U.S., have been assigned to Judge Margaret Sweeney, who is also handling other similar complaints. They were filed in the U.S. Court of Federal Claims. According to court documents, Akanthos Opportunity Master Fund owned more than $137 million in junior preferred stock as of Aug. 16, 2016. Akanthos complained of suffering from “severe economic loss” to its holdings.
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GSE Roundup

March 30, 2018
Fannie Announces Community Impact NPL Winners. Fannie Mae announced this week that the winning bidder for its 11th and 12th Community Impact pools of non-performing loans was VRMTG ACQ, LLC (VWH Capital Management, LP), a minority- and woman-owned business. The transaction is expected to close on May 22, 2018, and includes approximately 182 loans totaling $34.25 million in unpaid principal balance, divided between two pools focused in the Orlando and Tampa areas of Florida. GSE Foreclosure Preventions Surpass 4M. The Federal Housing Finance Agency reported this week that the GSEs completed 67,569 foreclosure prevention actions in the fourth quarter of 2017, bringing the total number of homeowners helped to 4.04 million since 2008. But, thanks to the fall...
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Barclays Settles Pre-Crisis Non-Agency MBS Issues with DOJ for $2.0 Billion; Two Former Execs Also Settle

March 30, 2018
Brandon Ivey
Charges were also filed against Paul Menefee, the former head banker of Barclays’ subprime MBS unit...
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