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Short Takes: Topic A: W.J. Bradley / A Domino Effect? / Supreme Hiring? / Do P2P Lenders Know What They’re Getting Into?

March 17, 2016
Paul Muolo
We understand that a nonbank called Supreme Lending has been hiring quite a few of WJB’s former staff.
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Home-Equity Lending Up Solidly in 2015, But Outstanding Balances Continued to Dwindle

March 17, 2016
Mortgage lenders posted a sizable increase in home-equity loan originations last year, but the overall market fell to its lowest level since 2004. A new Inside Mortgage Finance analysis and ranking shows an estimated $182.6 billion in home-equity lending last year, mostly through home-equity lines of credit and, to a lesser extent, closed-end second mortgages. That was up 19.1 percent from a revised estimate of $153.3 billion back in 2014, somewhat slower than the 33.5 percent increase in first-lien originations in 2015. Home-equity originations declined...[Includes three data tables]
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HUD Announces New Certification Protections for Lenders; FCA Liability Concerns Linger in Wake of DOJ Statement

March 17, 2016
The Department of Housing and Urban Development this week unveiled final loan-level and lender-level certifications aimed at easing lender anxiety over potential enforcement actions due to minor errors, but a statement from the Justice Department could put a damper on the new FHA policy. The updated version of FHA’s loan-level certification clarifies that lenders will be held accountable for mistakes that would have prompted a lender to change its decision to approve a loan, not for minor errors. In addition, HUD opened a 30-day comment period for lender-level certification to address stakeholders’ concerns that proposed changes to loan-level certification could weaken the department’s enforcement authority. Lender liability under the federal False Claims Act has been...
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Spring Brings a Potential Mortgage M&A Bonanza Featuring Some Top Names in the Mix. But Will Any Deals Get Done?

March 17, 2016
Over the past two weeks, the mortgage mergers-and-acquisitions market shifted into high gear with speculation surrounding such top-ranked mortgage firms as PHH Corp. and Flagstar Bancorp. Then again, in the past, both of these top-10 lenders have been the subject of takeover rumors with deals falling to the wayside over price or other concerns. This time it could be different. And then there’s...
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6th Circuit Throws a Wrench into the OT Pay Debate by Exempting Workers Who ‘Help Run or Service a Business’

March 17, 2016
Loan underwriters who claimed they were improperly classified as exempt and thereby wrongfully denied overtime pay lost on appeal after a federal appeals court determined they were administrative employees “helping run or service a business” as opposed to engaging in loan production. The ruling by the U.S. Court of Appeals for the Sixth Circuit stands in stark contrast to the Second Circuit’s 2009 opinion in a similar case, which held that underwriters are administrative workers who are eligible for overtime pay if they engage in production activities, industry attorneys said. In Lutz v. Huntington Bancshares, Inc., the bank’s underwriters primarily reviewed...
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House GOP Working on Dodd-Frank Alternative, Democrats Vow to Maintain Existing Protections

March 17, 2016
Republicans on the House Financial Services Committee are working on a regulatory relief bill as an alternative to the Dodd-Frank Act, many of the regulatory provisions of which have yet to be promulgated more than five years after enactment. Rep. Jeb Hensarling, R-TX, chairman of the committee, made the announcement and revealed some of the details earlier this week during a government relations event sponsored by the American Bankers Association in Washington, DC. “I can report...
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CFPB’s Open-Ended Corrective, Diagnostic Approach To TRID Enforcement Still in Effect, Cordray Says

March 17, 2016
The Consumer Financial Protection Bureau has not changed its “corrective and diagnostic” supervisory and enforcement approach towards the industry’s implementation of the integrated disclosure rule known as TRID, and does not expect to bring any enforcement action any time soon unless there is blatant misconduct, CFPB Director Richard Cordray told members of Congress this week. Whether mortgage lenders get any additional, official clarification or guidance from the agency to help with their compliance and litigation concerns is another matter. During a hearing Wednesday of the House Financial Services Committee, Rep. Blaine Luetkemeyer, R-MO, engaged...
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Mixed Views on Appraisal Trends for Purchase Mortgages as Home Prices Continue to Increase

March 17, 2016
Appraisals aren’t causing significant closing problems for purchase-mortgage lending, although there are issues as home prices increase, according to responses to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. “Appraisals are mostly in line with contract prices,” said Tom Popik, research director for Campbell Surveys. “However, appraisals for FHA mortgages and VA mortgages more often miss the contract price than appraisals for conventional mortgages.” Appraised home prices have tended...
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‘Scratch & Dent’ Market for TRID Loans Continues Apace; Agency Decides to Host a Webinar

March 16, 2016
Paul Muolo and Thomas Ressler
Some lenders report they have totally adjusted to the new TRID disclosures, while others continue to be plagued by errors and delays.
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DOJ Issues a Reminder: It Will Continue to Use the FCA to Pursue FHA Wrongdoers

March 16, 2016
Paul Muolo
FHA consultant Brian Chappelle of Potomac Partners told IMFnews, “I give FHA credit for trying to solve a problem it didn’t create but the DOJ is the elephant in the room.”
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