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Inside the CFPB
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Realty Giant RE/MAX Launches Mortgage Brokerage Franchise. The Concept: One-Stop Shopping

October 25, 2016
Brandon Ivey
Pairing real estate agents with loan brokers? RESPA attorneys start your engines...
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Short Takes: PHH Losing Employees? / Lenders Left Out in the Cold on Front-End Risk Sharing / RESPA Attorneys, Start Your Engines / Will the CFPB Review It? / A New TPO Hire for Stonegate Mortgage

October 25, 2016
Paul Muolo
Some loan brokers we spoke with were skeptical about the RE/MAX concept...
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CBO Says Even if GSE Plaintiffs Prevail, Treasury Would Still Get Most of the Earnings of Fannie and Freddie

October 24, 2016
Paul Muolo
CBO’s comments were contained in a report that takes a “what if” approach to allowing Fannie and Freddie to retain as much as $5 billion of capital a year for 10 years...
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Short Takes: FHFA Chief Mel Watt: Embrace Change, Folks / Halfway to Five Years / MBA’s Stevens Makes Reference to FHA Lawsuits / For Wells Fargo, the Fallout Continues

October 24, 2016
Brandon Ivey and Paul Muolo
For Mel Watt, he's at the halfway point...
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Vehicle Finance and Credit Card Securitizations Help Fuel Sturdy Increase in ABS Issuance During 3Q16

October 21, 2016
Issuance of non-mortgage ABS increased by 25.5 percent from the second quarter of 2016 to the third, thanks to significant increases in several asset categories, according to a new Inside MBS & ABS analysis and ranking. The market produced $54.05 billion of non-mortgage ABS during the third quarter, the highest output since the second quarter of last year. Despite the gain, year-to-date issuance remained 1.9 percent below the level notched in the first nine months of 2015. A lot of the increase came...[Includes two data tables]
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GNMA Allays Investor Fears with a Revised Policy on Pooling Eligibility for Streamlined Refinance Loans

October 21, 2016
Ginnie Mae has announced a policy change to ease investor concern over recent streamlined refinancing trends involving a small number of mortgage loans in Ginnie pools. The policy change addresses the issue of premature streamline refinancing of certain loans in Ginnie Mae I single-issuer pools that threatens to deflate investors’ expectation of a full 100-percent return on their MBS investments. “Investor participation … depends...
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Industry Groups Urge CFPB to Adopt More Cure Provisions to Boost Secondary Market Activity

October 21, 2016
Mortgage industry representatives are calling upon the Consumer Financial Protection Bureau to do more to facilitate the correction of errors made under the enhanced disclosure regime of the agency’s integrated disclosure rule, to reduce or eliminate disruptions in the secondary market as well as boost access to credit. The pleas were made in conjunction with the industry’s broader response to the CFPB’s proposed clarifying rulemaking related to its so-called TRID rule, issued under the authority of the Truth in Lending Act and the Real Estate Settlement Procedures Act. In a comment letter sent this week to the bureau, the Consumer Mortgage Coalition urged...
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MBS Trading Volume Hit a Yearly High in September. Prepays Ebb as Investors Ponder Next Fed Rate Hike

October 21, 2016
The average daily trading volume of agency MBS hit $223.2 billion in September, the strongest reading of the year and a sign that liquidity in the market has improved. According to figures compiled by the Securities Industry and Financial Markets Association, daily trading volume increased by 17.7 percent compared to the same month a year ago. But the year-to-date averages are much closer: $206.6 billion for 2016 compared to $199.9 billion last year. In the agency space there is...
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11th Circuit Court First to Apply SCOTUS Ruling in Spokeo to Mortgage Lending Case

October 21, 2016
In a class-action ruling that could have implications for legacy MBS lawsuits, a federal appeals court confirmed a recent U.S. Supreme Court landmark decision on standing and statutory damages. Ruling in Nicklaw v. CitiMortgage earlier this month, the U.S. Court of Appeals for the Eleventh Circuit held that to establish standing in order to bring a lawsuit alleging only a statutory violation, a plaintiff must allege a concrete harm or injury resulting from the violation. Relying on the alleged statutory violation alone would only result in a dismissal, the court warned. The 11th Circuit decision is...
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PHH Ruling Expected to Slow CFPB’s Enforcement Roll, But How Much?

October 21, 2016
Thomas Ressler
Last week’s closely-watched appeals court ruling in the wrangling between PHH Mortgage and the Consumer Financial Protection Bureau over Section 8 of the Real Estate Settlement Procedures Act is being widely viewed by many as a clipping of the agency’s wings.
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