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Inside the CFPB
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FHA Primes Lenders for LRS, Defect Taxonomy; System to Go Live in 2Q

March 3, 2017
The FHA is nearing full implementation of a new loan review system (LRS) for managing FHA’s Title II single-family quality-control processes. No specific implementation date has been set but it could be sometime in the second quarter, the agency said. The LRS builds on FHA’s efforts to align the documentation of loan-review results. In addition, it incorporates the Single-Family Housing Loan Quality Assessment Methodology or defect taxonomy.The FHA said the new system would not be used to manage any aspect of the agency’s standard loan origination or endorsement processes. Rather, it would be used to review of test cases submitted by lenders seeking unconditional direct-endorsement authority. It would be used as well for various post-endorsement reviews of forward single-family loans. After the ...
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Public Disclosure of Misconduct May Bar Specific Claims of Fraud

March 3, 2017
Relators in a False Claims Act lawsuit must allege misconduct that has not already been publicly disclosed or risk dismissal of their qui tam claims, according to the U.S. Appeals Court for the Sixth Circuit. In U.S. ex rel. Advocates for Basic Legal Equality, Inc. v. U.S. Bank, the court ruled that whistleblowers cannot raise “substantially the same allegations or transactions” that have been previously alleged in an action or claim and publicly disclosed. The qui tam plaintiff must be the original source of the allegations, the court said. Only certain disclosures trigger the prohibition, the court noted. They include disclosures “in a federal criminal, civil or administrative hearing in which the government or its agent is a party,” or in a Government Accountability Office or other federal report, hearing, audit or investigation, or from the news media. n this case, the relator/plaintiff alleged that U.S. Bank initiated foreclosure proceedings ...
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Industry Pushes to Make Sure Servicing is Included in Broader Housing Reform Efforts

March 2, 2017
Brandon Ivey
Lenders that have representatives who are members of the UI collaborative include Bank of America, Quicken Loans, and Nationstar Mortgage…
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Senate Confirms Ben Carson as New HUD Secretary. Next Up: FHA Commissioner…

March 2, 2017
George Brooks
Now that Carson is official, it's time to pick an FHA commissioner...
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Short Takes: PennyMac Files to Sell Preferred Shares / A Nice Dividend for Investors / Brian Wornow the Head of FinServ for KBW / Layoffs at a Mortgage Wholesaler? / Prestwick Selling Freddie MSRs

March 2, 2017
Paul Muolo
Recently, KBW hired Wall Street veteran Brian Wornow as managing director in charge of its financial services group...
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Mortgage Servicing Compensation Is an Issue That Won’t Die; Now Treasury May Weigh In

March 2, 2017
With servicing costs climbing the past five years, the issue of how much to pay residential loan processers is once again rearing its ugly head. And depending on who you talk to, the Treasury Department may take up the issue as well, especially since it controls the senior preferred stock of Fannie Mae and Freddie Mac. One industry advisor involved in the topic, speaking under the condition his name not be used, told...
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Industry Participants Push to Include Servicing Reforms in Broader Housing Reform Efforts

March 2, 2017
As policymakers work toward housing finance reform, industry participants are forming plans to ensure that servicing issues are addressed. The Urban Institute’s Housing Finance Policy Center recently launched the Mortgage Servicing Collaborative, which will provide data on servicing issues and analyze possible solutions. “We are...
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Trump Orders Government Agencies to Set Up Regulatory Reform Task Forces to Cut Red Tape

March 2, 2017
President Trump last week signed an executive order requiring every agency to establish a regulatory reform task force to eliminate red tape. Under the EO, each task force will evaluate existing regulations and identify candidates for repeal or modification. Also, it will focus on eliminating costly and unnecessary regulations. Further, in order to hold the task forces accountable, the agencies will measure and report progress in achieving the president’s directives, according to the White House. It’s...
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House Budget Vote Suggests GOP to Keep Reform Of Dodd-Frank, CFPB, GSEs on Its Front Burner

March 2, 2017
The House Financial Services Committee, as part of the congressional budget process, this week voted on its budget views and estimates for fiscal year 2018, with an eye on changing the Dodd-Frank Act, the Consumer Financial Protection Bureau, and Fannie Mae and Freddie Mac. The committee’s report is intended as guidance for the House Budget Committee as it crafts its FY2018 budget legislation but is not binding. In reference to Dodd-Frank, the HFSC Republicans’ budget document stated...
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Non-Agency MBS Issuers Caution Against Certain Dodd-Frank Rollbacks; They Like the Legal Protection of the ATR

March 1, 2017
Brandon Ivey
SFIG Executive Director Richard Johns suggested that instead of removing requirements for risk-retention, policymakers could provide capital relief for issuers that retain risk on their securities, rewarding “good behavior.”
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