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Inside the CFPB
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Tobacco Settlement Revenues to Back a New $619 Million ABS; Fitch Pulls Away from Sector

April 7, 2017
Golden State Tobacco Securitization Corp. is preparing to issue a $618.8 million ABS backed by revenues from a tobacco settlement reached in 1998. Several states have issued such deals, though the sector received a blow last year when Fitch withdrew its ratings and criteria for tobacco ABS. Under the settlement with 46 states and Washington, DC, the major cigarette manufacturing companies must make payments to each state annually, in perpetuity. The payments are based on cigarette sales, among other factors. At the time of the settlement, the revenues for states were estimated to be $306.0 billion for the first 25 years of the agreement. States can issue...
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The Many Sides of the Treasury Sweep Debate, What to Do With Fannie, Freddie Earnings in 2017

April 7, 2017
Despite rumors to the contrary, Fannie Mae and Freddie Mac forked over most of their fourth-quarter earnings to the Treasury Department at the end of March, as scheduled. But some industry insiders wonder whether the timing of future payments will be altered to reduce the likelihood that either of the government-sponsored enterprises might need another bailout. In early March, there were talks predicting, or hoping for everything from a possible suspension of the Treasury sweep to replacing the quarterly payment with an annual one. Speculation may have been fueled by uncertainty about what the Trump administration wants to do about the now eight-year-old conservatorships of the two GSEs. In 2017, Fannie and Freddie can only retain...
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Fannie Mae Controller and Principal Accounting Officer to Depart

April 7, 2017
Paul Muolo
Fink is expected to leave Fannie Mae in the second half of the year.
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Wells Fargo v. MBS Suits; GreenPoint Wins; Lehman Nears MBS Settlement

April 7, 2017
Wells Fargo’s legal woes are continuing after a federal judge in the U.S. District Court for the Southern District of New York last week ordered the company to face several lawsuits by institutional investors alleging MBS fraud. U.S. District Judge Katherine Polk Failla ruled that Wells Fargo must face five lawsuits by a few dozen funds that are holding the bank liable for losses incurred after the MBS they purchased lost value due to the financial crisis. The plaintiffs include...
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What We’re Hearing: Ocwen and Walter, Two Peas in a Pod? / The Shorts Have Made Their Money and Moved On / Will loanDepot Ever Go Public? / Freddie Bullish on MF / When Fannie Mae Earned More Money than the Roman Empire

April 7, 2017
Paul Muolo
One GSE watcher called it, "The biggest company quarterly profit since the Roman Empire, adjusted for inflation of course.”
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Freddie Mac Ready to Issue Buyback Waiver Tied to Appraisals

April 6, 2017
Carisa Chappell
GSE originators have long complained that the rep-and-warrant policies need to be more transparent.
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CFPB Looking to Enhance Protection of Consumer Data in HMDA Rule

April 6, 2017
Thomas Ressler
Rep. Sherman of California noted: “Studies have shown that in some geographic areas, it is possible to determine the identity of nearly 100 percent of the borrowers using the data that lenders are required to collect and report by the Home Mortgage Disclosure Act.”
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CFPB Doubles Down on its Positions Against PHH Mortgage, Including its RESPA Claims

April 6, 2017
The Consumer Financial Protection Bureau late last week filed its much-anticipated response to the decision by the U.S. Court of Appeals for the District of Columbia Circuit to grant the agency’s request for an en banc rehearing in its legal wrangling with PHH Mortgage over allegations of violating the Real Estate Settlement Procedures Act. The CFPB made three main arguments. First, the bureau’s structure is constitutional. “Neither the bureau’s single-director structure, nor the for-cause removal provision, unduly interferes with the president’s ability to take care that the laws be faithfully executed” under the U.S. Constitution, it said. If the court were to decide that the agency’s structure is unconstitutional, the bureau added...
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Few Small Banks Have Sold Mortgage Servicing Rights Due to Capital Treatment or Regulatory Requirements

April 6, 2017
A shift in recent years in servicing from banks to nonbanks has been pinned on the capital treatment for bank holdings of mortgage servicing rights, among other issues. However, a survey conducted by the American Bankers Association found that few small banks are selling MSR due to capital standards or other regulatory requirements. The ABA surveyed 159 banks as part of its annual real-estate lending survey. About 76.0 percent of the participating institutions had assets of less than $1.0 billion. Only 2.0 percent of respondents said...
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Short Takes: How High are the Regulations, Jamie? Six-Feet High and Rising / Do This and Loan Production Will Increase by $300 Billion / Not Liking Loan Brokers / Hensarling Not Showing the Love / Castle & Cooke Goes Consumer-Direct

April 6, 2017
Paul Muolo
As might be expected, Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, did his best to pummel the CFPB and its Director Richard Cordray during a hearing Wednesday.
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