The CFPB recently issued much-sought but quite limited guidance to the mortgage industry on marketing services agreements, emphasizing the legal and regulatory risks for lenders. “We are deeply concerned about how marketing services agreements are undermining important consumer protections against kickbacks,” said CFPB Director Richard Cordray. “Companies do not seem to be recognizing the extent of the risks posed by implementing and monitoring these agreements within the bounds of the law.” The guidance, in the form of a five-page bulletin, explains that, while marketing services agreements are usually framed as payments for advertising or promotional services, “in some cases the payments are actually disguised compensation for referrals. Any agreement that entails exchanging a thing of value for referrals of settlement ...

A cross-section of industry representatives and analysts were not very impressed with the long-sought guidance on marketing services agreements that the CFPB put out recently. Michael Barone, a director of legal and regulatory compliance at Lenders Compliance Group, a consulting firm in Long Beach, NY, said the guidance – which he characterized as very short and informal – “was an effort to get something out very quickly,” in response to all the congressional criticism that CFPB Director Richard Cordray received at the hands of critics on Capitol Hill. “It really does not have a lot of teeth at all,” he said of the bulletin. Further, the guidance doesn’t “tell us anything more than where we were an hour before this guidance came ...

A number of industry trade groups said that CFPB Director Richard Cordray’s determination earlier this year that PHH Corp.’s former mortgage reinsurance activities violated the anti-kickback provision of the Real Estate Settlement Procedures Act was wrong and ill-founded on multiple levels. Jointly submitting an amicus brief to the U.S. Court of Appeals for the District of Columbia in PHH et al. vs. Consumer Financial Protection Bureau, the organizations argued that the director’s order cannot be reconciled with RESPA, the bureau’s governing regulations, or longstanding policy guidance. First, the directive contravenes the text, structure and purpose of RESPA Section 8(c)(2) by relegating it to “a mere rule of construction, rather than treating that provision as the exemption to liability that it ...

Meanwhile, two mid-sized lenders told Inside Mortgage Finance on Friday that they too are shuttering their Realtor-related MSAs.

But there is some good news: the new rule will ease reporting requirements for small banks and credit unions.

The performance of U.S. residential MBS keeps getting better, thanks mostly to favorable economic conditions, but the effects of greater regulatory oversight and intervention can be positive or negative, and sometimes both, depending on what hat a participant in the secondary market wears, according to experts at Moody’s Investors Service. “RMBS performance continues to improve, and that’s mainly because of the confluence of two factors: fewer borrowers are becoming delinquent for the first time because of the economy, and re-default rates on loans which have been modified – which is a significant share of the population of private-label MBS loans – continue to be stable,” said Youriy Koudinov, vice president and senior credit officer at Moody’s. “The second point we want to convey is...

Did anyone expect the yield on the benchmark 10-year Treasury to be hovering at just over 2.0 percent as November approached? Not really, but the recent downdraft in rates has once again caused bond prices – MBS in particular – to increase, a development warming the hearts of investors. Then again, MBS investors hedging their positions might be...

In an about face, the Basel Committee on Banking Supervision is preparing to allow for the use of credit ratings as a gauge for credit risk when setting bank capital requirements. If the move isn’t adopted by U.S. regulators, industry participants suggest that domestic banks could be at a disadvantage. In a speech late last week, Stefan Ingves, chairman of the BCBS, acknowledged that the Basel committee’s December 2014 proposal to revise the standardized approach for credit risk wasn’t well received. “The response was both vigorous and clear: not many of you liked the proposals,” he said. Ingves said...

Originations of purchase mortgages outpaced refinances in the jumbo market in 2014, according to a new ranking and analysis by Inside Nonconforming Markets of Home Mortgage Disclosure Act data. Some $135.88 billion in jumbo purchase mortgages was reported under HMDA in 2014, accounting for 60.6 percent of loans that exceeded agency conforming loan limits, including those in high-cost markets. In 2013, purchase mortgages accounted ... [Includes two data charts]

The Consumer Financial Protection Bureau issued a final rule this week that will significantly expand the data collected under the Home Mortgage Disclosure Act. Many of the newly required data fields are aimed at giving federal regulators better information regarding discriminatory lending practices. The reporting requirements will start to take effect at the beginning of 2018. Among the new fields required to be reported under HMDA are credit scores, debt-to-income ratios ...