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Inside the CFPB
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Fannie/Freddie Earnings Up in 2015 as More Earnings Come from MBS Guaranty Fees

February 25, 2016
Guaranty-fee income increased in 2015 at Fannie Mae and Freddie Mac despite the fact that average g-fees on new business acquisitions were down slightly. The two government-sponsored enterprises reported a combined $17.33 billion in net income for all of last year, a 20.9 percent drop from 2014. However, g-fee income at the two GSEs was up 8.2 percent from 2014 to 2015, and continued to account for a growing share of their income as their investment portfolios shrank. G-fee income did not climb...
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FHFA Director Watt is Concerned About Disappearing GSE Capital. Will He Pull the Recapitalization Lever?

February 25, 2016
The odds are currently zero that Congress will find a legislative solution to the future of Fannie Mae and Freddie Mac this year, which is causing anxiety for the man charged with being both conservator and regulator to the government-sponsored enterprises: Mel Watt, director of the Federal Housing Finance Agency. Moreover, there is a growing concern among mortgage bankers that severe interest swings to the downside could cause a large net loss at Freddie in the first quarter of this year, a loss so large it will force the GSE to ask the U.S. Treasury for a draw on taxpayer funds. And it will happen...
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CFPB No-Action Policy on Financial Services Innovation Likely to Stymie New Mortgages

February 25, 2016
Last week, the Consumer Financial Protection Bureau finalized its “no-action” policy towards market innovators that develop new financial services products, adopting its proposal largely unchanged. But industry experts think the new policy is not only useless but actually counterproductive in that it will likely discourage lenders from developing new loan products in an evolving mortgage market – not foster more innovation. This new policy – created under the CFPB’s Project Catalyst – “is designed to improve access to consumer financial products and services that promise substantial consumer benefits,” said CFPB Director Richard Cordray. “We want to foster a consumer financial marketplace where companies develop safe, innovative products and approaches that can help make people’s lives better.” Under the policy, bureau staff would issue...
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Proposed DOL Revision of Overtime Regulations Too Broad, Groups Call for Narrow Scope, No Change in Duties Tests

February 25, 2016
The Mortgage Bankers Association and other industry groups are strongly urging the Department of Labor to reconsider a proposed rule updating overtime regulations that currently exclude mortgage loan officers and certain categories of employees from overtime compensation. Officials reiterated the MBA’s position, which it clearly spelled out in a joint letter with other financial services trade groups in September last year objecting to the DOL’s proposed rulemaking regarding overtime exemptions for executive, administrative, professional, outside sales and computer employees. Among other things, the MBA, American Bankers Association, Independent Community Bankers of America, Financial Services Roundtable and The Clearing House cited...
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CFPB Chief Cordray Takes a Swipe at ‘Naysaying’ Lawyers, Consultants

February 24, 2016
Thomas Ressler
“It is time to shrug off the naysaying consultants and lawyers who breed a culture of fear and hypothesized problems to hype their services,” Cordray added.
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Fairholme Chief Claims There Were ‘Settlement Communications’ Between the Fund and Government Over the GSE Net Worth Sweep

February 24, 2016
Paul Muolo
Fairholme is feeling the heat from investors over poor performance, with Berkowitz noting the fund’s returns have “put us in the dog house.”
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Short Takes: The TRID Mess and Due Diligence Delays / What if Bruce Berkowitz’s GSE Bet Doesn’t Pay Off? / Closer to the Finish Line, Really? / An Ugly Future for Homeownership? / Google Quits Mortgages / New Hires for Flagstar

February 24, 2016
Paul Muolo
Meanwhile, Fairholme’s case against the government is still pending and Berkowitz said from a legal standpoint, “We’re getting closer to the finish line…”
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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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