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Inside the CFPB
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CFPB Sues Payment Processor Intercept Corp. Over Withdrawals

June 14, 2016
The CFPB filed suit against Intercept Corp., a third-party payment processor located in Fargo, ND, and two of its executives for allegedly enabling unauthorized and other illegal withdrawals from consumer accounts by their clients. The CFPB alleges that Intercept and the executives violated the Dodd-Frank Act’s prohibition against unfair acts and practices by processing payments for clients without adequately investigating, monitoring or responding to red flags that indicated some clients were breaking the law or deceiving customers.
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FTC Details Actions Taken Against Forensic Audit Scams

June 14, 2016
In its annual report to the CFPB, the Federal Trade Commission detailed the enforcement work it did last year in three cases dealing with mortgage assistance relief services, several of which involved alleged forensic audit scams.
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CFPB Issues Restrictive Rule to Crack Down on Payday Lending

June 14, 2016
The CFPB has issued its long-awaited payday lending proposed rule, in essence a highly restrictive ability-to-repay rule for small-dollar lending. Under the proposed full-payment test, lenders would be required to determine whether the borrower can afford the full amount of each payment when it’s due and still meet basic living expenses and major financial obligations.
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CFPB TRID Exams Coming This Month

June 14, 2016
Thomas Ressler
Two industry sources confirmed this week that the Consumer Financial Protection Bureau will, indeed, begin examining for compliance with the integrated disclosure rule known as TRID this month.
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News in Brief

June 14, 2016
Compass Point predicts that CFPB will lose its dispute with PHH. The CFPB is hosting an eRegulation webinar. HUD and First Citizens Bank (SC) resolve a fair lending complaint spurred by HMDA data. And CFPB staff exit for SunTrust and JH Capital Group.
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Analyst Predict CFPB Will Lose Dispute with PHH and Cause Leadership Shift

June 13, 2016
Thomas Ressler
When it comes to CFPB enforcement, analysts at Compass Point Research & Trading said in a recent client note that they expect little shift from the bureau’s current agenda.
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Trade Groups Raise Concerns About Proposal to Include Language Preference on Loan Applications

June 10, 2016
Brandon Ivey
A language preference question would raise several serious compliance and legal concerns that strongly weigh against including it on the Uniform Residential Loan Application, according to industry trade groups.
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Fannie’s Guidance on Lender Self-Reporting of TRID Issues Prompts Mixed Reviews from Analysts

June 10, 2016
Thomas Ressler
Fannie noted that lenders aren’t obligated to self-report any matters related to possible TRID non-compliance except in two limited circumstances where a repurchase demand is an authorized remedy.
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Banks Continue Fading Back in Softening Non-Mortgage ABS Market in Early 2016

June 10, 2016
Commercial banks and thrifts reported a further decline in their holdings of non-mortgage ABS during the first quarter, according to a new Inside MBS & ABS analysis of call-report data. As of the end of March, banks held a combined $131.96 billion of ABS in their portfolio, including assets intended to be held to maturity as well as those available for sale. That represented a 2.3 percent drop from the end of 2015, and a hefty 15.9 percent decline from a year ago. It was...[Includes two data tables]
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Jumbo MBS Issuance Resumes Even as Industry Waits for Formal Guidance on TRID from CFPB

June 10, 2016
The so-called TRID-lock seen in the jumbo MBS market since October appears to be easing as both Redwood Trust and JPMorgan Chase have come to market with deals that include some loans with compliance problems. Before this week, only one jumbo MBS included mortgages subject to TRID, a deal from Two Harbors Investment in March. Many industry participants blamed...
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