Was Industry “Foaming at Mouth” Over ATR Liability Much Ado About Nothing? “All this foaming at the mouth about legal liability [on qualified mortgage standards] did not pan out. It was an over-reaction,” CFPB Director Richard Cordray said last week. During a hearing held by the House Financial Services Committee, the director noted that he recently met with the CEOs of the top 40 mortgage companies as part of an event hosted by the Mortgage Bankers Association. Cordray said the CEOs revealed that none of these lenders have faced lawsuits alleging violations of standards for qualified mortgages. One industry veteran later said that Cordray took “the disingenuous position that since no lawsuits have been filed, all the concerns about legal ...
Consumer Complaints Tick Slightly Upward From Year-Ago Levels. A small 3.9 percent drop in overall consumer complaints to the CFPB during the third quarter helped keep a lid on rising complaints at the nine-month mark versus a year ago, according to an analysis by Inside the CFPB. (See chart on previous page.) The data show a modest 4.3 percent uptick in consumer criticisms at the end of September 2015 compared with the same nine-month period in 2014. The biggest drops were seen in the payday lending space (down 18.7 percent quarter to quarter and 7.1 percent year over year) and in the residential mortgage space (down 10.9 percent and 7.5 percent, respectively)....
OIG Identifies Major Management Challenges Confronting the CFPB. The CFPB’s Office of Inspector General identified a handful of major management challenges before the bureau which, if left unaddressed, will probably hamper the CFPB’s accomplishment of its strategic objectives. The first challenge for the bureau is ensuring an effective information security program, the OIG said in a new report. Information security presents a challenge to the CFPB “due to the advanced persistent threat to the government’s information technology infrastructure from outside governments and organized groups,” said the OIG. Another major hurdle is building and sustaining a high-performing and diverse workforce. This is an issue for the bureau “due to competition from other employers for the highly qualified staff with specialized skill ...
Sources told IMFnews that one large loan origination system (LOS) vendor was struggling to make programming deadlines ahead of the TRID rule, a situation that had caught the attention of the CFPB.
Issuance of ABS backed by leases on small/mid-ticket equipment has rebounded since the financial crisis to levels last seen 15 years ago. However, industry participants suggest that loan-level disclosure requirements and mandatory risk-retention could limit activity in the sector going forward. At the recent ABS East conference produced by Information Management Network in Miami, Du Trieu, a senior director at Fitch Ratings, said issuance is increasing due to the improving economy and investor demand. “The collateral is business critical and income producing,” he added. Nearly $12.0 billion in small/mid-ticket ABS was issued...
Failure to deposit borrowers’ escrow amounts into custodial accounts at the time of securitization or pool transfer is the most common fault committed by Ginnie Mae issuers, according to compliance experts. In particular, such oversights accounted for 24.7 percent of findings of compliance reviews conducted between Sept. 3, 2013, and Aug. 17, 2015. Ginnie requires that borrower escrow amounts be deposited in a “timely” manner, which is defined as within 48 hours of pool securitization, explained experts at the recent Ginnie Mae Summit conference in Arlington, VA. Approved Ginnie Mae issuers undergo...
Some have suggested that it’s no wonder that several mortgage company owners – including those who control specialty servicers – are contemplating selling their companies.
Add loan-originator compensation rules to the list of things hindering the origination of loans that fall outside the qualified-mortgage standard. Bob Magee, chief investment officer at Shellpoint Partners, said many loan officers and brokers are reluctant to work on non-QMs because the loans take more time to originate, often get rejected and yet tend to offer the same compensation as an agency mortgage. “If I have loan officers who are paid on a commission for ...
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