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Inside the CFPB
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Servicers Can Continue to Expect Vigorous Regulation, Analysts Say

August 28, 2017
There may be plenty of uncertainty about the direction of the CFPB these days, given that Republicans are calling the shots on Capitol Hill and at the White House, plus the fact that Richard Cordray’s days as director of the bureau are numbered, regardless of when he actually ends up departing. Still, mortgage servicers can continue to expect robust supervision and regulation – and enforcement –if not from the bureau, then from another federal regulator, as well the states, and maybe all of the above, according to Steven Frie and Mark Shannon, top servicer analysts at S&P Global Ratings. “It’s been pretty common knowledge that the CFPB has been very active in regards to regulating the mortgage servicing industry,” Frie said ...
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CFPB Sues Aequitas Capital Over Its Support of Corinthian Colleges

August 28, 2017
The CFPB recently filed a complaint and a proposed settlement against what’s left of Aequitas Capital Management and related entities, all of which are based in Lake Oswego, OR, accusing the firms of aiding the allegedly predatory lending behavior of Corinthian Colleges, now defunct. The complaint against Aequitas and its affiliates was filed in U.S. District Court, District of Oregon, Portland Division.“The bureau brings this action against Aequitas for its abusive acts and practices in connection with private loans made to students at Corinthian Colleges, which were funded or purchased by Aequitas,” the CFPB said. “By funding these private loans, Aequitas enabled Corinthian to present a façade of compliance with federal laws requiring that a certain portion of a ...
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Other News in Brief: Cordray Takes to the NYT to Defend CFPB Arbitration Rule

August 28, 2017
Cordray Takes to the NYT to Defend CFPB Arbitration Rule. CFPB Director Richard Cordray took to the opinion page of The New York Times last week to make a public plea in support of the CFPB’s controversial arbitration rule. Cordray cited claims by opponents of the rule that plaintiffs make out better financially by acting individually instead of acting collectively in a group lawsuit. “This claim is not supported by facts or common sense. Our study contained revealing data on the results of group lawsuits and individual actions,” he said. “We found that group lawsuits get more money back to more people. In five years of group lawsuits, we tallied an average of $220 million paid to 6.8 million consumers ...
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Texas Mortgage Bankers React to Hurricane: It’s Terrible; Thousands of Loan Closings Delayed

August 28, 2017
Paul Muolo
“Before a loan closes there will need to be [property] reinspections,” said Pete Mills, senior vice president of residential policy and member engagement for MBA.
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Former FHLB President Pollock: Bailout of GSE Sub Debt was a Bad Idea

August 28, 2017
Carisa Chappell
Pollock criticized the Treasury Department’s decision to pay off $13.5 billion of subordinate GSE debt at the start of the conservatorships nine years ago...
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Fannie Mae Tallies Loans Affected by Hurricane Harvey: $5.12 Billion and Counting

August 28, 2017
Paul Muolo
A spokeswoman for Fannie said, “While the situation on the ground remains uncertain, areas impacted are subject to change…”
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Industry Execs Have GSE Subordinate Debt Debate

August 25, 2017
The Treasury Department should not bail out the GSEs’ subordinated debt again, according to Alex Pollock, senior fellow at the R Street Institute. He criticized the Treasury’s decision to pay off $13.5 billion in subordinate debt at the start of the conservatorship nine years ago and said that it created a lack of market discipline. “Instead of experiencing losses to which subordinated lenders can be exposed when the borrower fails, they got every penny of scheduled payments on time,” he said, calling the structural reason for bailing out the subordinated debt an “unusual occurrence.” The former head of the Federal Home Loan Bank of Chicago noted that the role of subordinated debt is...
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GSE Shareholders Tired of Govt. Document Waiting Game

August 25, 2017
Investors in Fannie Mae and Freddie Mac continue to grow weary of the drawn out discovery process in shareholder lawsuits and recently filed another motion in hopes of expediting things. Fairholme Funds attorneys filed a motion last week asking to view about 1,500 government documents in a lawsuit challenging the government’s net-worth sweep of profits at Fannie and Freddie. In the new motion, the Fairholme attorneys asked the Federal Claims Court to use the “quick peek” procedure for some documents dating back to May 2012. These are among the many documents the plaintiffs say the government is still hoping to keep secret under the deliberative process and bank examination privileges.
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CFPB Cuts Community Lenders Some HMDA Slack for HELOCs

August 25, 2017
Thomas Ressler
The CFPB is loosening regulations amid rumors that agency Director Richard Cordray may soon depart to run for governor of Ohio…
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Bank ABS Holdings Drift Lower Again in 2Q17 Despite Continued Growth in Outstanding Supply

August 25, 2017
Commercial banks and savings institutions have been steadily adding to their residential MBS portfolios, but they show significantly less interest in the non-mortgage ABS market. Total bank investment in non-mortgage ABS sank again in the second quarter, dropping by $5.05 billion from the end of March to $118.38 billion. Compared to a year ago, bank ABS holdings were down 9.6 percent and they’ve been in steady decline since the end of 2013. It’s...[Includes two data tables]
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