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Inside the CFPB
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One Week After Cordray Announced He’s Leaving, Trump Still Has Not Named a Replacement For Him

November 22, 2017
It’s been almost a week since the biggest staffing news to hit the mortgage industry this year – the early departure of Richard Cordray from the Consumer Financial Protection Bureau – and the Trump administration has yet to name either a permanent replacement or even an acting director. Legal uncertainty may be the reason why.
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Prospect of FHA MIP Reduction Fades as MMIF Cap Ratio Drops

November 22, 2017
Any chance of a mortgage-insurance premium reduction in the near future has dimmed in the wake of an actuarial report placing the FHA insurance fund on shakier ground at the end of FY 2017. One clear thing from the report released on Nov. 15 was that FHA’s flagship single-family home mortgage program continued to grow stronger with an economic net worth of $38.4 billion in fiscal 2017. In contrast, problems persisted in the Home Equity Conversion Mortgage portfolio, driving the program’s economic value down by another $6 billion to negative $14.5 billion. The drag HECM losses inflicted on the MMIF has renewed calls to separate the ailing portfolio from the fund, which can only be accomplished by legislation. Right now, the reverse mortgage issue is not even on Congress’ legislative agenda. HECM losses also caused the fund’s economic net worth and capital reserve ratio to decline in fiscal year ...
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Alert Out on Unwanted Refi Offers; CFPB, VA Warn of Misleading Ads

November 22, 2017
The Department of Veterans Affairs and the Consumer Financial Protection Bureau have issued a joint warning to servicemembers and veterans about VA refinancing offers that sound too good to be true. There is a good chance that borrowers with a VA loan have already received unsolicited offers to refinance their mortgages even just months after closing, the agencies said in their first “warning order” (WARNO). Many of these refi solicitations promise extremely low rates, thousands of dollars in cash back, skipped mortgage payments, no out-of-pocket costs and no waiting period, the agencies noted. The VA and the CFPB said lenders offering VA refinances may use aggressive and potentially misleading advertising and sales tactics. “Lenders may advertise a rate just to get you to respond or you may receive a VA mortgage refi offer that provides limited benefit to you while adding thousands of dollars to your loan balance,” the agencies warned. Even though the VA prohibits a lender from advertising skip payments on ...
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Ex-FHA Chief Suggests Raising FHA Capital Ratio, Other Reforms

November 22, 2017
A former FHA commissioner has recommended raising the agency’s capital reserve ratio to 3 percent, to make FHA stronger and more resilient. Carol Galante, who served two years as FHA commissioner and assistant secretary for housing in the second term of the Obama administration, laid out her proposal along with other recommendations in a paper that she co-authored. Housing-finance reform without a retooled FHA could threaten families’ access to homeownership and increase risk to taxpayers, contrary to the goals of reform, said Galante, currently the faculty director of the Terner Center for Housing Innovation at University of California Berkeley. In her paper, Mission Critical: Retooling FHA to Meet America’s Housing Needs, Galante spelled out the changes necessary to help FHA perform its complementary and countercyclical role in the nation’s housing markets. Galante called for ...
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Non-QMs Gain Traction in Non-Agency MBS As Chase Joins Nonbanks in Offering Such Deals

November 22, 2017
More than three years after standards for qualified mortgages took effect, investors in the non-agency MBS market appear to be getting more comfortable with products that fall outside its bounda-ries. JPMorgan Chase is preparing to issue a large MBS backed by non-QMs that’s similar to deals from several nonbank issuers.
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Ginnie Spots Inconsistent Reports Regarding First Payment Date

November 22, 2017
Ginnie Mae called on issuers to ensure that the data they submit are accurate following the discovery of erroneous payment reports. The agency said it has noticed discrepancies in the reporting of the first payment date on loan modifications in violation of Ginnie guidelines. Specifically, the first payment date some issuers reported as part of the loan-delivery data did not match the date submitted for the same mortgage loan as part of issuers’ monthly report of pool and loan data. Ginnie blamed the errors either on loans set up incorrectly for servicing or faulty data issuers had reported to the Department of Housing and Urban Development. Guidance issued by Ginnie on Nov. 14 reminded issuers to report the first scheduled payment date of the re-amortized loan when reporting the first payment date for modified mortgages through either the GinnieNET or the Reporting and Feedback System. The date ...
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FHA’s ‘Tangible Benefit Test’ Might be the Solution to VA’s Churning Problem

November 21, 2017
George Brooks
However, a tool currently used by FHA appears to be an obvious solution to the churning problem…
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One Week After Cordray Declared He’s Leaving the CFPB, Trump Still Hasn’t Named a Replacement

November 21, 2017
Thomas Ressler
So, where’s Mick?
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A 40-Page GSE ‘Draft’ Bill is Circulating in the Senate

November 21, 2017
Paul Muolo
As press time, details were sketchy, but lobbyists who claim to have knowledge of the draft caution there are several “different pieces” to the measure...
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The Rumors Were True: Cordray to Step Down by Month’s End

November 20, 2017
CFPB Director Richard Cordray last week informed bureau staff that he is resigning. He made no mention of his future plans, but it has been widely expected for months, if not years, that he would run for governor of Ohio. Cordray is the first officially named and confirmed director of the bureau, but he encountered controversy from the start, as President Obama tried to make him a recess appointment, which was later declared to be an unconstitutional move on Obama’s part. However, the Democrat-controlled Senate at the time reaffirmed the president’s selection of Cordray, rendering various legal challenges moot. He was preceded at the helm by Raj Date, who served as a special advisor after being chosen by then-Harvard professor ...
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