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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Short Takes: Congress Turns Grinch on GSE CEO Salaries / A Disappearing Asset: GSE REO / VantageScore Sees Huge Gain in Orders / Two Harbors Adds Former RBC Vice Chair to Its Board

November 17, 2015
Carisa Chappell and Paul Muolo
At the end of fiscal year 2015 the two GSEs had combined REO holdings of 78,738 units, a 36 percent decline from the prior year…
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FHA MMIF Hits $23.8 Billion, Surpassing 2.0 Percent Capital Threshold

November 16, 2015
Paul Muolo
It's the first time since 2008 that the MMIF has had a capital ratio north of the congressionally mandated 2 percent minimum.
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Rising Population of Young Vets Could Spur More VA Lending

November 16, 2015
George Brooks
The number of young vets has risen while the 35- to 64-year-old bucket has shrunk...
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Okay, So the MMIF is North of 2 Percent, but Don’t Expect a Premium Cut

November 16, 2015
George Brooks
So, will the FHA cut the MIP? Absolutely not, at least not at this time.
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Short Takes: Private MIs Want Higher FHA Capital Standards / Ocwen Sells Short-Term Paper / CoreLogic Updates Risk Model on Jumbos / Due Diligence Providers Added / Correction

November 16, 2015
Brandon Ivey and Paul Muolo
Some believe the FHA MMIF minimum capital standard should be 4.5 percent, not 2.0 percent.
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CFPB Fleshes Out its Arguments Against PHH in Brief to Court

November 16, 2015
With the mortgage lending industry’s use of marketing services agreements under the Real Estate Settlement Procedures Act likely hanging in the balance, the CFPB detailed its anti-kickback legal arguments against PHH Corp. and its mortgage units in its “reply” brief with the U.S. Court of Appeals for the District of Columbia, filed earlier this month. In PHH Corp., et al., v. CFPB, the first main argument the bureau made is that PHH violated RESPA Section 8(a) because it entered into agreements with mortgage insurers so that whenever an insurer received a referral from PHH, the insurer paid PHH a kickback in the form of premiums for mortgage reinsurance. “PHH thus committed a separate violation every time it accepted a kickback ...
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OCC to Begin Examining for TRID Compliance Shortly

November 16, 2015
The Office of the Comptroller of the Currency informed lenders recently it will soon start examining banks for their compliance with the Truth in Lending Act and Real Estate Settlement Procedures Act Integrated Disclosure rule, and issued some updated guidance to help institutions get ready. In OCC Bulletin 2015-42, the agency said during initial examinations for compliance with the rule, OCC examiners will be evaluating a bank’s compliance management system and overall efforts to come into compliance, “recognizing the scope and scale of changes necessary for each bank to achieve effective compliance.”Further, the OCC said, “Examiners expect banks to make good faith efforts to comply with the rule’s requirements in a timely manner. Specifically, examiners are considering the bank’s ...
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CFPB Sees More Problems With Originations, Servicing Improves

November 16, 2015
The CFPB continues to see a host of noncompliance issues with mortgage lenders – but some notable improvement on the servicing side of the industry too. According to the CFPB’s latest supervisory highlights report, the bureau cited a range of problems lenders are having originating mortgages. For instance, regulators saw evidence of failing to fully comply with the requirement that charges at settlement not exceed amounts on the good faith estimate by more than specified tolerances. Some lenders also are failing to fully comply with requirements for completion of HUD-1 settlement statements, to provide homeownership counseling disclosures, or to provide accurate loan servicing disclosure statements. Other lenders are not complying with consumer financial information privacy requirements, the report indicated. In other ...
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Bureau Plan for Overdraft Survey Evades Transparency, ABA Says

November 16, 2015
The CFPB’s proposed plan to study overdraft protection services for ATM/debit cards suffers from a process that is “defective and opaque,” according to the American Bankers Association, which urged the bureau to re-submit its proposed plan with a draft survey. Back in September, the CFPB solicited public comment as it seeks authorization from the White House Office of Management and Budget to carry out a national online survey of 8,000 individuals as part of its review and analysis of ATM/debit card overdraft disclosure forms. “ABA fully supports the bureau’s interest in conducting a quantitative survey of consumers to understand their use of overdraft services, as well as on their comprehension and decision-making regarding overdraft disclosure forms,” said the trade group ...
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CFPB Ban on Arbitration Clauses Poses Risks for Lenders: Moody’s

November 16, 2015
The recent anti-arbitration announcement from the CFPB would create risks for consumer lenders and related asset-backed securities, according to a report from Moody’s Investors Service. Specifically, the bureau indicated it is contemplating instituting a ban on provisions in financial contracts that prohibit consumers from participating in class-action litigation. The agency is also considering whether to mandate that companies that include such arbitration clauses regularly submit to the CFPB information related to arbitration proceedings, possibly for release to the public. Such changes could end up driving more class-action litigation against lenders and servicers, a number of which play essential roles in the securitization process, analysts at Moody’s said. “The proposals, if adopted, would affect financial products including credit cards, automobile loans, ...
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