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Inside the CFPB
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VA Home Loan Guaranty Revisits Fees and Charges, Seeks Comment on Proposed Changes on Closing Costs

April 27, 2017
The Department of Veterans Affairs is seeking comment on a proposal to ease restrictions on the allowable fees and charges military veterans may pay to obtain a VA home loan – a change that could make VA-backed financing more competitive in home purchases. The VA Loan Guaranty Service wants to hear from stakeholders as to how the agency can protect veterans from incurring excessive closing costs without being overly restrictive. Specifically, the VA is considering ways to revise the list of acceptable fees and charges that are impeding VA borrowers’ ability to compete against bidders using other home-purchase financing options that are not restricted by law or regulation. The VA rule on fees and charges has...
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Ocwen Elevates its Legal Battle Against the Regulatory Establishment, Asks Court to Decide if the CFPB is Unconstitutional

April 26, 2017
Thomas Ressler
Ocwen’s counsel includes Goodwin Procter LLP, which also is representing PHH Corp. in its legal battle against the agency…
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Meanwhile, in the PHH Case, DOJ Gets 10 Minutes

April 26, 2017
Thomas Ressler
The DOJ, as anticipated, switched sides in this dispute after President Trump took office.
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Short Takes: More GSE Reform Plans / Fannie-Freddie Speculators May Make Out After All / Ocwen Gets a Break / Hey Ben, Call Your Friends in the White House and Tell Them … / This HUD Job About to be Filled?

April 26, 2017
Paul Muolo
Is the White House pondering HUD-related nominations?
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ICBA Calls for Delay of Single Security Until GSEs are Recapitalized and Released from Conservatorship

April 25, 2017
Brandon Ivey
The ICBA believes the GSE risk-sharing securities are illiquid and would likely “dry up” in times of market stress.
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CFPB Proposes Clarifications to HMDA Rule; What Exactly is an ‘AU’ System?

April 25, 2017
Thomas Ressler
Such loan terms as “temporary financing” and “automated underwriting system” would be clarified…
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The Wild Card for Ocwen: Getting (Some of) Its Servicing Yanked

April 25, 2017
Paul Muolo
Fitch notes that New Residential Investment Corp., a publicly traded REIT, owns $118.7 billion in servicing rights that are being subserviced by Ocwen.
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Ocwen Files to Block Sanctions in Illinois and Massachusetts; Plans to Fight All the Other States as Well

April 25, 2017
Paul Muolo
The company adds: “Under these circumstances, Ocwen has a responsibility to its customers, shareholders, and employees to vigorously defend the company.”
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CFPB Takes Action Against Ocwen, Stock is Slammed but Rebounds

April 24, 2017
The CFPB last week filed a massive civil damage case against top-ranked mortgage servicer Ocwen Financial, accusing the nonbank and its subsidiaries, Ocwen Loan Servicing, LLC, and Ocwen Mortgage Servicing, Inc., of “failing borrowers at every stage of the mortgage servicing process.” The agency alleges that Ocwen’s “years of widespread errors, shortcuts and runarounds cost some borrowers money and others their homes.” Ocwen allegedly botched basic functions like sending accurate monthly statements, properly crediting payments, and handling taxes and insurance. The agency added that Ocwen also illegally foreclosed on struggling borrowers, ignored customer complaints, and sold off the servicing rights to loans without fully disclosing the mistakes it made in borrowers’ records. Among the CFPB’s major allegations was that the ...
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Scores of States Take Actions Of Their Own Against Ocwen

April 24, 2017
The CFPB was not alone in its crackdown last week on Ocwen Financial over its alleged mortgage servicing failures and violations. The same day the bureau announced its action, Florida Attorney General Pam Bondi and Office of Financial Regulation Commissioner Drew Breakspear filed a federal civil consumer protection lawsuit against Ocwen and subsidiaries, Ocwen Loan Servicing, LLC, and Ocwen Mortgage Servicing, Inc., for what they called “mortgage servicing misconduct.” According to the complaint, Ocwen harmed citizens of the Sunshine State by filing illegal foreclosures, mishandling loan modifications, misapplying mortgage payments, failing to pay insurance premiums from escrow and collecting excessive fees. Ocwen services roughly 125,000 home mortgages in the state. The complaint, filed in federal court in West Palm Beach, ...
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