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Inside the CFPB
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Fannie Survey: Lenders Anxious About Increased Competition in 2016

February 24, 2016
Carisa Chappell
Roughly 88 percent of lenders plan to grow their origination business this year, and many – 67 percent – will either increase the number of retail branches or add loan officers.
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An Underused Tool? The False Claims Act as it Applies to GSE Loans

February 23, 2016
Carisa Chappell
Schilling cites a 2009 amendment to the DOJ’s FCA policy that expanded the boundaries of where it can be applied. He said now a claim can include a request for money made to a recipient of government funds.
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As ‘Captives’ Get the Boot, Traditional Insurance Firms Increase FHLB Membership

February 23, 2016
Carisa Chappell
Several groups of traditional insurance companies have substantially increased their borrowing capacity from the FHLB system as well.
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Congress Voices Concerns on DOL Overtime Move, Which Could Affect Mortgage Firms

February 22, 2016
George Brooks
Currently, employers are required to pay overtime for all employees who make $23,660 or less annually.
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Short Takes: $500 Million is the Target for BofA / BofA’s Past FHA Pain / Ocwen a ‘Neutral’ / A New CFO for Stonegate

February 22, 2016
Paul Muolo
BofA said it has no plans to further reduce its involvement in FHA lending.
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Life Under TRID: TRID Effect on Closings Uneven, Still Mostly Negative, Data Show

February 22, 2016
Comments from real estate agents across the country are largely negative regarding the CFPB’s integrated disclosure rule known as TRID, according to the latest HousingPulse survey sponsored by Inside Mortgage Finance Publications. However, the data suggest a nuanced interpretation is necessary, as the damage from TRID is far from universal. For instance, the data collected in January represent the first time since TRID took effect that the share of on-time closings has diverged between FHA loans and Fannie Mae/Freddie Mac loans. That suggests TRID isn’t necessarily the sole culprit causing delays. If TRID was a major problem, loan types across the board would likely have a lower share of on-time closings. The survey also revealed that more than half of ...
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Investor, Secondary Market Issues With TRID Continue to Mount

February 22, 2016
The sale of jumbo mortgages – and even agency loans – by nonbanks continues to be problematic because of the CFPB’s integrated disclosure rule known as TRID. One mortgage official cited an example of a mortgage with TRID errors that was sold to one of the government-sponsored enterprises. “The lender self-reported the problems and was immediately asked to repurchase the loan,” this official said. Speaking of the GSEs, Fannie Mae and Freddie Mac issued $56.56 billion of single-family mortgage-backed securities in January, a modest 5.6 percent decline from the previous month, according to a new ranking and analysis by Inside The GSEs, an affiliated publication. December, however, may have been an anomaly. Many mortgage originators reported delays in loan closings in October ...
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Four Months into TRID, Here Are Answers to Many Questions

February 22, 2016
Since the Oct. 3, 2015, implementation of the CFPB’s integrated disclosure rule – TRID – attorney Daniella Casseres, an associate in the financial institutions regulatory practice at the Offit Kurman law firm in New York City, has received hundreds of questions concerning the new disclosure requirements.In a recent blog post, she provided answers to some of the most frequent and most pressing. Many have asked if they need to send all required three-day disclosures if the individual is just shopping. “The TRID rules require that you send a Loan Estimate and the home loan toolkit, when applicable, within three business days of receiving an application. An application for purposes of this rule, means the receipt of the following six pieces of ...
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Civil Liability, Enforcement Under TRID Still a Huge Concern

February 22, 2016
Mortgage lenders have had a little more than three months to get used to the CFPB’s integrated disclosure rule, but many are still squirming with uncertainty about civil liability and enforcement, particularly when it comes to errors in the Loan Estimate and the Closing Disclosure. Much of the problem stems from ambiguity in the wording of the rule itself. “Although TRID implements portions of the Truth in Lending Act and the Real Estate Settlement Procedures Act, the text of the regulation does not state which statutory liability applies to the various parts of the rule or forms,” K&L Gates attorneys Holly Spencer Bunting and Charles Weinstein said in a recent review. Instead, civil liability under TRID is a matter that ...
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Justice Scalia’s Death Complicates High Court’s Review of Spokeo

February 22, 2016
The recent death of conservative U.S. Supreme Court Justice Antonin Scalia may make it difficult for the nation’s highest court to consider a pending case that has far-reaching implications for the mortgage industry and the broader financial services sector. The specific question in Spokeo, Inc. v. Robins is whether the respondent (Robins) identified an injury-in-fact under Article III of the U.S. Constitution by alleging that the petitioner (Spokeo) had willfully violated the Fair Credit Reporting Act by publishing inaccurate personal information in consumer reports – in this case, on a consumer-reporting type website – without following reasonable procedures to assure the information’s accuracy. Spokeo tried to dismiss the suit on the grounds that Robins could not prove he suffered a specific financial ...
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