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Inside the CFPB
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CFPB Issues Final Rule to Ban Mandatory Arbitration in Consumer Financial Contracts

July 11, 2017
Thomas Ressler
However, Congress has already prohibited arbitration agreements in the largest market the agency oversees: residential mortgages.
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Short Takes: It’s Alive Again (Well, Sort Of) / Sindeo’s Roots / The Mortgage Tech Race / Happy Anniversary Fannie and Freddie (Soon) / New Hires for mREIT Giant Annaly

July 11, 2017
Paul Muolo
There's a race on to see who will be the first to deliver a best-in-class lending automation product that the consumer trusts, said consultant Paul Hindman...
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HUD Mortgagee Review Board Suspends PA Lender Seckel Capital

July 11, 2017
Paul Muolo
As IMFnews went to press, Seckel was said to be in a meeting and could not be reached for comment.
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Appeals Court: Mortgage Underwriters are Eligible for Overtime Pay. But a Split Appears

July 10, 2017
Brandon Ivey
Overtime pay for underwriters will remain a focus of litigation because courts are split on the issue, according to the Mortgage Bankers Association.
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Walter Gets Extension on Warehouse Waivers, but its Advance Rates are Reduced

July 10, 2017
Paul Muolo
Walter said it will continue to seek appropriate amendments and waivers...
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VRM Wins 10-Year Contract to Oversee REO, Service VA Loans

July 10, 2017
George Brooks
The deal was negotiated from a previous five-year contract that was awarded to VRM…
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Short Takes: More Regulations to Think About / $5 Trillion in ‘Tappable’ Equity / Don’t Forget to Audit Your Closing Agents / PennyMac Renegotiates Repo Deal / A New Hire for Mortgage Network

July 10, 2017
Paul Muolo
Time to audit your closing agents?
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DOJ, HUD Expand FCA Scrutiny to FHA Servicing, Reverse Mortgages

July 7, 2017
Mortgage compliance experts are cautioning FHA servicers to tread carefully around loss mitigation, annual certifications and reverse mortgages, which could be a potential minefield for False Claims Act lawsuits. While FHA lenders’ exposure to FCA risk remains, the Department of Justice and the Department of Housing and Urban Development have increased their scrutiny of FHA servicing practices for potential violations, according to Phil Schulman and Krista Cooley, both partners in Mayer Brown’s Washington office. In a recent podcast, Schulman warned of increasing DOJ and HUD scrutiny of FHA servicing practices in the last 18 months, a worrisome shift from the origination side, which has seen an estimated $5 billion in settlements and penalties since 2011 for violations of the FCA and the Financial Institutions Reform, Recovery and Enforcement Act. Since 2008, mortgagees participating in ...
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Ocwen’s Legal Issues Expected to Drag On

July 7, 2017
A resolution of the charges against Ocwen Financial brought by the Consumer Financial Protection Bureau and state regulators is expected to be “protracted,” according to industry analysts. In April, the CFPB and state regulators took a number of actions against the nonbank, alleging servicing- and lending-related violations. Ocwen is appealing the findings. The legal issues prompted mixed reactions from rating services. Fitch Ratings affirmed its B- issuer-default rating for ...
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FHA Lender Pays $4.2 Million to Resolve False Claims Allegations

July 7, 2017
Prospect Mortgage of Sherman Oaks, CA, this week joined a growing list of FHA lenders that have opted to settle federal false claims allegations arising from flawed underwriting and poor quality control. Prosecutors with the U.S. Attorneys Offices for the Northern Districts of Georgia and California announced a $4.16 million settlement with Prospect stemming from alleged fraudulent FHA lending practices at two of its Southeastern branches. An FHA direct endorsement lender, Prospect’s branches in Florida and North Carolina allegedly violated the False Claims Act by falsely certifying compliance with FHA underwriting and quality control requirements. Consequently, the FHA suffered substantial losses in claim payments when the loans defaulted. HUD’s Atlanta Home Ownership Center reported that Prospect had a 12.29 percent default rate, well in excess of the national average, between December 2007 and ...
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