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Inside the CFPB
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Vendor Update

January 25, 2016
Credit Plus Offers Reps-and-Warrants Coverage to Help Lenders Cope with CFPB, OCC Expectations. Credit Plus, a Salisbury, MD-based third-party verifications specialist for mortgage professionals, has come out with representations-and warranties-insurance coverage for all of its services, responding to the CFPB’s and the Office of the Comptroller of the Currency’s expectation that lenders are now ultimately responsible for practicing effective third-party risk management. The insurance coverage allows customers to better defend their companies against the negative financial consequences of a possible loan default and the resulting repurchase requests, the company said. “While we are confident in the quality of our verification services, we are also a strong proponent of best practices,” said Greg Holmes, national director of sales and marketing at ...
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Realtors Chime in About TRID Delays

January 24, 2016
Thomas Ressler
A Realtor in North Carolina noted, “Lenders do not communicate well with real estate agents…”
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MBA, Others Push for Development of Private Flood Insurance Market

January 22, 2016
George Brooks
An ugly reality for land owners, mortgage lenders and others: the National Flood Insurance Program is currently $23 billion in debt and in dire need of reform.
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Need to Foreclose in New Jersey? Can You Wait 1,180 Days?

January 22, 2016
Carisa Chappell
The count for the Garden State is almost double the national average of 629 days...
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Vehicle Sector Bucked Overall Decline in ABS Issuance in 2015 as Credit Card Market Tanked

January 22, 2016
New issuance of non-mortgage ABS fell 6.6 percent last year even though the market’s biggest segment pushed to a new post-crash high, according to a new Inside MBS & ABS analysis. A total of $173.05 billion of non-mortgage ABS were issued in 2015, the second-highest annual output since 2008. The direction, however, was less encouraging. New issuance tumbled 17.1 percent from the third to the fourth quarter, sinking to $30.69 billion – the lowest three-month total in over three years. But with record sales in the U.S. auto industry, securitization of vehicle-finance contracts increased...[Includes two data tables]
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Non-Agency MBS Issuers Working to Deal with Risk- Retention Requirements, Seasoned Loans a Focus

January 22, 2016
About a month after risk-retention requirements took effect for newly issued non-agency MBS, industry participants continue to work on complying with the standards set by the Dodd-Frank Act. Non-agency MBS issued on Dec. 24, 2015, and beyond are subject to risk-retention standards. The standards will apply to other MBS and ABS asset types for deals issued on and after Dec. 24 of this year. The first jumbo MBS subject to risk-retention requirements is scheduled...
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MBS and ABS Issuers Face Reg AB2 Compliance Issues, Urge SEC to Continue to Delay Further Action on Disclosures

January 22, 2016
Issuers of MBS and ABS continue to address compliance issues with the Securities and Exchange Commission’s so-called Regulation AB2. Meanwhile, the Structured Finance Industry Group has urged the SEC to continue to delay further action on disclosure proposals that remain outstanding. In August 2014, the SEC published a final rule setting a variety of disclosure requirements for the structured finance market. Issuers of publicly registered MBS and ABS were required to comply with rules, forms and disclosures established by Reg AB2 by Nov. 23, 2015. Asset-level disclosure requirements will take effect Nov. 23 of this year. During a webinar hosted by the law firm of Mayer Brown late last week, Stuart Litwin, a partner at the law firm, said...
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Goldman Sachs Agrees to a Record Settlement, Claims Against BNYM Given the Green Light

January 22, 2016
Goldman Sachs last week announced it has agreed to a $5.1 billion settlement, the largest regulatory penalty in the firm’s history, concluding an investigation brought by the Residential MBS Working Group of the U.S. Financial Fraud Enforcement Task Force. The agreement in principle is poised to resolve actual and potential civil claims by the U.S. Department of Justice, the New York and Illinois attorneys general, the National Credit Union Administration (as conservator for several failed credit unions) and the Federal Home Loan Banks of Chicago and Seattle. At issue are...
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What We’re Hearing: Lower Expectations for MSR Sales / A Pivotal Quarter for Ocwen, Nationstar, Walter? / More Call Centers, Less Branches? / Can Loan Officers Be Replaced by Computers? / About that New Refi Boom…

January 22, 2016
Paul Muolo
There is also a school of thought that going forward, loan officers won’t be needed as much because of new origination technologies...
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Shareholders Adamant Treasury Sweep is Illegal in DE, VA

January 22, 2016
After the Federal Housing Finance Agency filed a motion in November to dismiss a case introduced by two GSE shareholders over the summer, the shareholders have opposed the motion to dismiss and are demanding a jury trial. The original complaint stated that with Fannie chartered under Delaware law and Freddie under Virginia’s jurisdiction, the preferred stock of a corporation cannot be given a cumulative dividend right equal to all the net worth of the corporation “in perpetuity.” In a nutshell, shareholders David Jacobs and Gary Hindes argue that the net worth sweep in which Treasury takes the bulk of the GSEs’ profits is illegal under state law.
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