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Inside the CFPB
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Servicing Update: Bureau Finalizes Amendments to 2013 Mortgage Servicing Rule

August 8, 2016
The CFPB last week upped the compliance ante for mortgage servicers by finalizing a number of amendments to its 2013 mortgage servicing regulation that will expand consumer protections while requiring more of servicers. The protections address, among other issues, successors in interest and borrowers in bankruptcy. Under the final rule, servicers will be required to provide certain borrowers with foreclosure protections more than once over the life of the loan. As per the CFPB’s existing rules, a mortgage servicer is required to give borrowers certain foreclosure protections, including the right to be evaluated under the bureau’s requirements for options to avoid foreclosure, only once during the life of the loan. The final rule, however, will require that servicers give those ...
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CFPB Puts Out ‘Guiding Principles’ On Foreclosure Prevention

August 8, 2016
As policymakers in Washington, DC, face the expiration of the Treasury Department’s Home Affordable Modification Program at year-end, the CFPB last week released a collection of what it characterized as “guiding principles” on the future of foreclosure prevention. “We aim to help consumers avoid foreclosures, which upset their personal and financial lives,” said CFPB Director Richard Cordray. “The modification program was put in place to provide alternatives to foreclosure. Our principles will serve as helpful guardrails for servicers, investors and regulators to consider as we continue to protect consumers who are struggling to pay their mortgages.” In summary, the principles emphasize, among other things, accessibility: “Consumers should easily be able to obtain and use information about loss mitigation options, and ...
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Other News in Brief

August 8, 2016
Mortgage Industry Waits for PHH Shoe to Drop. The mortgage industry is awaiting a final ruling from the U.S. Court of Appeals for the District of Columbia Circuit in the case of PHH Corp. v. Consumer Financial Protection Bureau, No. 15-cv-01177.
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With No Extra Cure Provisions, Industry Reps Split On Effect TRID 2.0 Will Have on Secondary Market

August 5, 2016
The Consumer Financial Protection Bureau last week released its proposed rule to clarify a number of issues related to its integrated disclosure rule known as TRID – and perhaps the single most significant aspect of the proposal for mortgage investors is what it does not include: any additional provisions to cure loan errors. Some observers believe that could be a negative for the secondary market. On the other hand, the bureau did provide...
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BofA, Morgan Stanley, Wells Go Vertical on First CMBS to Comply With Risk-Retention Standards

August 5, 2016
Bank of America, Morgan Stanley and Wells Fargo are preparing to issue the first commercial MBS that will comply with risk-retention requirements, according to presale reports published this week. While industry participants continue to debate which type of risk-retention will be more commonly used, the pending $870.56 million MBS will include vertical retention. Wells Fargo Commercial Mortgage Trust 2016-BNK1 received provisional AAA ratings from Fitch Ratings, Kroll Bond Rating Agency and Standard & Poor’s. Fitch said the three originators contributing to the MBS will retain credit risk representing 5.0 percent of pool balance via the vertical retention option. Risk-retention requirements for commercial MBS take effect...
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Plenty of Demand for New Nonprime Mortgages in Secondary Market, MBS Helping to Reduce Rates

August 5, 2016
There’s more than $50.0 billion in capital ready to acquire new nonprime home loans, including non-qualified mortgages, according to Dan Perl, chairman and CEO of Citadel Servicing, a nonprime lender. “Liquidity is abundant,” he said last week at the California Mortgage Bankers Association’s Western Secondary Market Conference in San Francisco. “There is a ready market for this and I couldn’t say that two years ago.” William Pendleton, a senior vice president of portfolio lending at Caliber Home Loans, said...
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What We’re Hearing: Killing the GSEs Is Not an Option, Really / An Irony for GOP Mortgage Pros / Don’t Forget to Factor in G-Fee Money Under the Payroll Tax Cut / NAR Weighs In on G-Fees / Getting Comfortable with Subprime / New Penn Hires Junkmann

August 5, 2016
Paul Muolo
One of the largest players in the "new" nonprime mortgage industry is Citadel Loan Servicing, Irvine, CA, which now has a portfolio totaling $600 million.
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More Documents Unsealed in GSE Shareholder Case

August 5, 2016
More unsealed documents were released this week during the discovery process in a GSE shareholder case in the U.S. Court of Federal Claims. The eight documents ranged from an excerpt of former White House housing policy expert Jim Parrott’s deposition from January,to presentations from the Federal Housing Finance Agency in 2008 to several memos dating back to 2008 and 2012. In the two-page Parrott deposition excerpt, he said that the net worth sweep was a “Treasury-driven process,” when asked why he didn’t reach out to anyone on Capitol Hill about the plan. He added that to the degree there was outreach to Congress, it would have come from Treasury, not him.
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With No Extra Cure Provisions, Industry Split on New TRID Proposal and its Effect on Secondary Mortgage Market

August 4, 2016
Thomas Ressler
Some industry reps say the omission of more guidance on cures will hurt the jumbo secondary market, where anxiety over assignee liability is high...
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A Quiet Surprise: FHFA Sets ‘Minimum Base’ G-Fee for Fannie Mae and Freddie Mac

August 4, 2016
John Bancroft
FHFA officials said the directive is not being made available to the public.
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