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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Subservicing Sector Starting to Look Crowded As More Firms Choose ‘Capital Light’ Strategy

March 9, 2017
The nation’s residential subservicing specialists increased their contract base to $1.93 trillion at the end of 2016, a 2.7 percent sequential gain and an impressive 22.9 percent improvement over yearend 2015, according to survey figures compiled by Inside Mortgage Finance. It’s a sign that this segment of the industry is beginning to look a bit crowded, which means profit margins could come under pressure. Over the past year, several fairly large players in the market – Flagstar, Nationstar Mortgage, Walter/Ditech and PHH Mortgage – have sold...[Includes one data table]
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Support Grows for Bill to Prevent Government From Tapping G-fees for Unrelated Funding

March 9, 2017
More than a dozen mortgage and housing groups are backing a House bill that would prevent guaranty fees on Fannie Mae and Freddie Mac mortgage-backed securities from being hijacked to pay for unrelated government spending. A joint trade group letter, signed by the Mortgage Bankers Association, Community Mortgage Lenders of America, the American Bankers Association, U.S. Mortgage Insurers and others, argues that tapping g-fees for other unrelated purposes imposes an “unjustified burden” on homeowners who would be forced to pay for the increase through higher monthly payments for the life of their loan. Our organizations were...
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Trump Administration Changes Sides

March 9, 2017
The Trump administration looks to be taking sides with a mortgage lender that says the configuration of the Consumer Financial Protection Bureau is unconstitutional. The government, through the Department of Justice and the Solicitor General, usually sides with government agencies in court cases. But in the closely watched lawsuit involving PHH Mortgage and the CFPB, it’s expected to oppose the bureau’s stance. This week, the U.S. Court of Appeals for the District of Columbia Circuit approved...
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RESPA Experts Highlight Troubling Behavior in CFPB’s Consent Orders With Prospect Mortgage

March 9, 2017
As the mortgage industry waits for a definitive resolution to the legal dispute between PHH Mortgage and the Consumer Financial Protection Bureau, industry experts tried to glean some guidance on the Real Estate Settlement Procedures Act from the bureau’s recent consent orders involving nonbank Prospect Mortgage and some of its partners. Earlier this year, the CFPB brought a $3.5 million enforcement action against Prospect, accusing the firm of illegal kickbacks for mortgage business referrals from two real estate brokers, and in an unusual twist, a mortgage servicing operation. The bureau also acted against ReMax Gold Coast and Keller Williams Mid-Willamette, the brokers, and Planet Home Lending, the mortgage servicer – all of whom it accused of taking illegal kickbacks from the lender. During a webinar this week sponsored by Inside Mortgage Finance, Rodrigo Alba, senior vice president of mortgage finance and senior regulatory counsel for the American Bankers Association, said...
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MBA and ABA Suggest Guidance for IRS on Reporting Interest for Mortgages that Received Modifications

March 9, 2017
After years of confusion among servicers and borrowers, the Internal Revenue Service is getting closer to issuing guidance about how servicers should report interest to the IRS on mortgages that receive significant loan modifications. The Mortgage Bankers Association and the American Bankers Association recently submitted a joint comment letter to the agency, which announced plans to issue guidance on the matter back in December 2015. The trade groups said...
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Servicers Strongly Oppose Proposed Regulations In Maryland Regarding Servicing Transfers

March 9, 2017
A proposal by the Maryland Commissioner of Financial Regulation regarding servicing transfers prompted strong opposition from servicers, who cautioned that it would disrupt mortgage markets. In January, the Maryland CFR proposed a number of amendments to its mortgage regulations. The proposal revised an initial plan from the state regulator back in January 2015. The new proposal included...
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Proliferation of E-Mortgages Should Boost RMBS Quality

March 8, 2017
Thomas Ressler
Still, lenders and servicers that fail to comply with the established legal framework run the risk of an unenforceable e-note…
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Fairholme Case Update: Judge Orders Government to Review and Hand Over Non-Privileged Documents

March 8, 2017
Carisa Chappell
Since Fairholme filed its “takings” case the government, Uncle Sam has turned over 48,000 documents totaling more than 500,000 pages.
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In the Trump Administration, DOJ Doesn’t Have the CFPB’s Back in the PHH Case; Uncle Sam Leans Toward PHH

March 7, 2017
Thomas Ressler
Attorney Barbara Mishkin notes: “…the amicus brief to be filed by the U.S. can be expected to support PHH’s position that the CFPB’s single-director-removable-only-for-cause structure is unconstitutional.”
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How Much Longer Can Hedge Funds Hold on to their GSE Stock Wagers?

March 7, 2017
Paul Muolo
Fairholme extolled the GSE’s massive fourth quarter profits of almost $10 billion, and called them “indispensable” to the mortgage insurance industry…
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