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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Other News in Brief

July 25, 2016
CFPB Makes Some Senior Staff Changes. Last week, the CFPB announced some senior-level staffing changes. Among them, Chris D’Angelo, currently the bureau’s chief of staff, will serve as the associate director for supervision, enforcement and fair lending. He joined the CFPB in June 2011 and previously served as senior advisor to the director and as an attorney in the Office of Enforcement. D’Angelo came to the bureau from the U.S. Treasury Department, where he was senior advisor to the undersecretary for domestic finance and worked on financial regulation. Richard Lepley, currently the deputy general counsel for general law, ethics and oversight, will assume the position of principal deputy general counsel in the office of the general counsel in the legal division.
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Calendar Update

July 25, 2016
CFPB Debt Collection Field Hearing This Week. The CFPB plans to convene a public field hearing July 28 on debt collection issues, at a location in Sacramento, CA, that has yet to be announced. The field event is to feature remarks by CFPB Director Richard Cordray, followed by a panel discussion with consumer advocates and industry representatives, and concluding with testimony from members of the public. The hearing, which is scheduled to begin at 11 a.m. PDT, is expected to be livestreamed at consumerfinance.gov. Congress is Now in Recess. The U.S. Senate and House of Representatives have recessed for the summer and are scheduled to return...
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Lenders Prevail in Effort to Limit Liability on Data Submissions to State Regulators

July 22, 2016
Brandon Ivey
State regulators had removed a clause from previous forms which said information from the submitting lender was “to the best of my knowledge, information and belief.”
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ABS Market Was Sluggish in 2Q16, But Issuance Surged In Early July, Building to Strong Third-Quarter Tally

July 22, 2016
New issuance of non-mortgage ABS faltered in the second quarter of 2016, but the market has rebounded strongly in recent weeks, according to a new Inside MBS & ABS analysis. New ABS issuance totaled $43.07 billion in the second quarter, a modest decline from the first three months of 2016. That put year-to-date production at just $86.42 billion, off 18.0 percent from the first six months of 2015. Activity picked up...[Includes two data tables]
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Industry Reps Hope CMBS Bounces Back After Implementation of Risk-Retention Rules is Complete

July 22, 2016
Industry experts agree that the commercial MBS market is not going to live up to expectations of $100 billion of issuance this year, but they are hopeful the market will rebound after the industry fully implements the Dodd-Frank Act risk-retention rules that take effect Dec. 24, 2016. According to Kenneth Cheng, managing director of CMBS ratings services for Morningstar Credit Ratings, there is much uncertainty in the CMBS market about the actual impact of the risk-retention requirements. “I think everybody has agreed that it will be a negative impact – it’s just the magnitude of that impact that is uncertain,” he told Inside MBS & ABS this week. “It’s going to drive up the cost of CMBS – how much is anybody’s guess.” Also, as the cost of issuing CMBS increases, profit margins will...
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Republican Platform 2016 Talks of Reduced Government Role, Ending Mandates

July 22, 2016
The Republican platform, released this week during the Republican National Convention, would scale back the government’s role in housing and make borrowers and lenders more responsible. But it offered a somewhat vague prescription for what to do with Fannie Mae and Freddie Mac. “Our goal is to advance responsible homeownership while guarding against the abuses that led to the housing collapse,” the platform states. The GOP said housing reform should include clear underwriting standards and guidelines on predatory and acceptable lending practices – standards that are arguably at the core of the Dodd-Frank Act that’s roundly criticized by the party. Republicans blamed...
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Eleventh Circuit Opinion in GNMA-Related Case Shines Light on Two Important Securities Fraud Laws

July 22, 2016
Stakeholders in the MBS market should pay attention to a recent U.S. 11th Circuit opinion concerning a jury verdict in which the court focused on the similarities and differences between two kinds of securities fraud, suggested attorneys in their analysis of the case. Although the opinion in SEC v. Radius Capital Corp. is unpublished and not a binding precedent, it gives further clarity to two of the most important rules used by the Securities and Exchange Commission in targeting securities fraud, according to attorneys with the law firm Carlton Fields. The SEC sued...
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GOP Platform Released, Seeks to Limit Fed Involvement in Housing

July 22, 2016
This week, the Republicans adopted their official platform and called the GSE conservatorship a “corrupt” way of doing business. The GOP said the Great Recession devastated the housing market and caused taxpayers to pay billions of dollars to rescue Fannie Mae and Freddie Mac. They blame Democrats in Congress and the Obama administration for preventing efforts to reform the GSEs since they’ve been in conservatorship. “Their corrupt business model lets shareholders and executives reap huge profits while the taxpayers cover all loses,” the platform said. While vague in taking a stance on what should be done with Fannie and Freddie, the platform simply stated that the utility of both agencies should be “reconsidered.”
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FHFA, GSE Concerns with PACE Loans Continue to Loom

July 22, 2016
The Federal Housing Finance Agency remains resistant to taking on Property-Assessed Clean Energy loans despite this week’s announcement that the FHA will allow PACE loans.PACE programs provide financing for home energy improvements and water conservation, repaid through an assessment added to the property’s tax bill. FHA’s new guidance addresses state programs where the PACE obligation is treated like a property tax with priority over an FHA mortgage lien.However, like other mortgage industry critics of PACE loans, FHFA Director Mel Watt, said he continues to have “serious concerns” with how PACE programs are financed.
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FHFA Denying Access to GSE Corporate Records

July 22, 2016
The Federal Housing Finance Agency is seeking to prevent GSE shareholder and director of Investors Unite, Tim Pagliara, from inspecting the corporate records of Fannie Mae and Freddie Mac.Pagliara filed a lawsuit in state courts in March hoping to gain access, as an individual stockholder, to the GSEs’ records to determine the circumstances surrounding the sweep. Fannie, incorporated in Delaware, and Freddie, incorporated in Virginia, both denied his request to review the records earlier this year. Pagliara then argued that his rights as a shareholder were denied for “no legitimate basis.” This week, the FHFA filed a motion to substitute itself for Pagliara and remove...
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