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Home » Topics » News » Inside the CFPB

Inside the CFPB
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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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With Cordray Set to Depart, Industry Pushes for a Commission

November 20, 2017
Upon last week’s news of CFPB Director Richard Cordray’s resignation, a number of industry representatives urged Congress and the White House to enact legislation to convert the leadership structure of the bureau to that of a multi-member, bipartisan board or commission. Rob Nichols, president and CEO of the American Bankers Association, said, “While we haven’t always agreed with Director Corday on issues, we have always shared his goal of wanting to help consumers and appreciated his willingness to engage with us. “Consumers are our customers, and nothing is more important to America’s banks than maintaining their trust and confidence,” he added. “We will continue to work with the CFPB under its new leadership to ensure consumers have access to the ...
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For Mortgage Lenders, Servicers, Enforcement is the New Focus

November 20, 2017
It’s unlikely the mortgage lending and servicing industry will see any big changes at the CFPB right away – at least in terms of new regulations and rule-makings – once Richard Cordray formally exits the stage as director of the bureau, most experts said. “Until the president installs a new director, it should be business as usual,” former CFPB official Benjamin Olson, now a partner with Buckley Sandler in Washington, DC, told Inside the CFPB. As excited as some mortgage industry representatives were upon hearing the news, all of the bureau’s rulemakings related to mortgage lending and servicing have already been issued and finalized, so that’s all water under the bridge. A new director will not be able to willy-nilly revoke or ...
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Trump Reportedly Set to Name Mulvaney as CFPB Acting Director

November 20, 2017
Major news outlets have reported that President Trump intends to choose current Office of Management and Budget Director Mick Mulvaney as acting director of the CFPB upon Richard Cordray’s departure as chief of the consumer bureau. Attorneys with the Buckley Sandler law firm in Washington, DC, said in an online blog post that Mulvaney, a former Republican member of the House from South Carolina, would keep his current position and serve as both the director of OMB and acting director until the president nominates and the Senate confirms a permanent replacement for Cordray. Mulvaney, a long-time critic of the bureau, would be able to step into the acting director position since he has already passed muster with the Senate. As ...
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CFPB, Ocwen Tit for Tat Continues, Thanks to DOJ’s Absence

November 20, 2017
The CFPB recently told a U.S. District Court it opposes Ocwen Financial’s motion to submit the Department of Justice’s brief filed in another case in lieu of the department’s inaction when it comes to weighing in on Ocwen’s dispute with the bureau. Ocwen recently asked the U.S. District Court, Southern District of Florida, West Palm Beach Division, for permission to file a supplemental memorandum (an earlier brief by the DOJ in PHH Corp. v. CFPB as to the unconstitutionality of the bureau) in defense of the company’s motion to dismiss the consumer regulator’s case against it. The common thread in both cases is that Ocwen and PHH similarly assert that the CFPB’s structure is unconstitutional. During the Obama administration, the ...
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