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Inside the CFPB
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Senate Banking Committee Sends FHA Nominee Back to Senate Floor

January 26, 2018
The Senate Committee on Banking, Housing and Urban Affairs has reapproved the nomination of Brian Montgomery to lead the FHA even as Democrats reiterated their concerns about the candidate. The committee favorably reported Montgomery’s nomination previously in November by an 18-5 vote. The Senate, however, was unable to confirm the nominee for the post before the end of the legislative year. In order to be considered again for the post, Senate procedures required Montgomery to resubmit his financials and again wait for a full Senate vote. Five Democrat senators on the committee – Ranking Member Sherrod Brown (OH), Elizabeth Warren (MA), Jack Reed (RI), Catherine Cortez Masto (NV), and Brian Schatz (HI) – objected to the Montgomery nomination because they perceived him as “too close” to the mortgage industry. Brown expressed concern about Montgomery’s intention to ...
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Congress Passes New Stop-Gap Funding Bill, Ends 3-Day Shutdown

January 26, 2018
President Trump this week signed a short-term spending bill that would keep the government operating until Feb. 8, 2018. The bill ended a three-day shutdown after the previous spending authority for most of the government expired at midnight on Jan. 19. However, the threat of another shutdown looms. FHA and Ginnie Mae both had contingency plans in place in case the short-lived shutdown dragged on, as it had in 2013. That event lasted for 16 days, at a loss of $1.6 billion a day to the federal government. Under FHA’s emergency plan, the agency would continue to endorse new single-family forward mortgages, but not Home Equity Conversion Mortgages and Title I loans. Ginnie would reduce staffing to essential personnel but continue its secondary market operations. It would continue to remit timely payment of principal and interest to investors, grant commitment authority and support issuance of ...
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Around the Industry

January 26, 2018
Recoveries from FCA Settlements Involving FHA Loans Down Dramatically in 2017. The Department of Justice reported collecting more than $543 million in False Claims Act settlements and judgments to resolve housing and mortgage fraud complaints in FY 2017, down from $1.6 billion in FY 2016. The largest settlement of a False Claims Act case was $296 million, which involved an FHA lender and the DOJ. In September 2017, a unanimous jury in Houston, TX, found that Allied Home Mortgage Capital Corp. and Allied Home Mortgage Corp. violated the FCA and the Financial Institutions Reform, Recovery and Enforcement Act of 1989 by falsely certifying that thousands of high-risk, poor-quality loans were eligible for FHA insurance. The companies were also accused of originating FHA loans from more than 100 “shadow” branch offices without authorization from the ...
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Lawyers Say More Statistical Sampling Used in MBS Suits Found Not Valid, ResCap Decision Warrants Watching

January 26, 2018
Statistical sampling, which gained widespread acceptance in MBS repurchase cases after the housing crisis, is being rejected in many courts today, legal experts say.
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Department of Justice Issues Subpoena to Lennar’s Mortgage Affiliate

January 26, 2018
Paul Muolo
Lennar said the mortgages funded by its affiliate were “originated and sold in prior years.”
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Are Mortgage Bankers Eligible for New Tax Deduction?

January 26, 2018
Brandon Ivey
The provisions would seem to eliminate income from mortgage banking from receiving the full benefits of the deduction.
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What We’re Hearing: When the GSE Status Quo Ends / Burn This / Peter Wallison for FHFA Director? / Painful Memories at MGIC (The First Cut is the Deepest) / A Spot Check on Mortgage Applications / A Promotion at WFG National Title

January 26, 2018
Paul Muolo
As for the FHFA position, several trade group chiefs fear that once Watt departs, the FHFA will be put in the hands of a Mick Mulvaney-type...
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Widespread Support for Portfolio QM Bill

January 26, 2018
Legislation that would define loans held in portfolio by smaller banks as qualified mortgages garnered unanimous support at a markup in the House Financial Services Committee last week. H.R. 2226, the Portfolio Lending and Mortgage Access Act, was approved on a 55-0 vote. The bill has been kicking around in Congress for years and was modified at the markup to help win support in the Senate. Rep. Andy Barr, R-KY, introduced the legislation. He said it will “expand access to ...
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MBA’s Prediction on GSE Reform: the Legislation will do ‘No Harm’ to Fannie and Freddie

January 25, 2018
Paul Muolo
In a statement issued to Inside Mortgage Finance, Sen. Mark Warner, D-VA – a key player in the process – said he is still interested in the topic, noting the panel wants a...
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CFPB Issues RFI on Civil Investigative Demands, Says CIDs Can be a ‘Burden’

January 25, 2018
Thomas Ressler
The agency wants feedback on its “processes for initiating” investigations…
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