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Inside the CFPB
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How to Survive TRID

September 11, 2015
With the effective date of the Consumer Financial Protection Bureau’s integrated disclosure rule now just weeks away, industry representatives are escalating the amount of compliance advice they are offering to real estate agents and lenders. This week, the Mortgage Bankers Association released a variety of materials to facilitate complete conformity with the bureau’s pending disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act ...
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What We’re Hearing: A Couple of Mortgage IPOs on the Way? / Profits are Still Good / $2B To Invest? / Heading for the Exits Because of the CFPB? / Lenders One Zeroes in on CEO Candidate / About Those GSE Pay Raises…

September 11, 2015
Paul Muolo
Regulatory fears are driving the desire by some owners/CEOs to exit the mortgage business, but we’ve heard that refrain before.
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Panel Issues Student Loan Servicer Best Practices With Emphasis on Keeping Borrowers Current

September 11, 2015
Servicing federal student loans would likely become more costly and cumbersome under a set of best practices recently issued by a White House-sponsored interagency panel. Back in March, the Obama administration assembled a group of officials from the Treasury Department, the Department of Education, the Office of Management and Budget, and the Domestic Policy Council to monitor trends in the government’s student loan portfolio, budget costs and borrower assistance efforts. As part of that effort, the task force was directed...
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ABS Backed by Marketplace Lending Loans Poised For Growth, Though a Number of Obstacles Persist

September 11, 2015
Lenders and investment banks are working to increase the issuance of ABS backed by loans from marketplace lenders. Attracting investors to the new asset class has proved somewhat difficult, however, and a recent court decision has put the business model of some marketplace lenders in limbo. Howard Altarescu, a partner and co-head of the global finance business unit at the law firm of Orrick, Herrington & Sutcliffe, noted marketplace lending started with internet-based lending platforms, including Lending Club and Prosper Marketplace, that matched individual investors looking to lend small capital amounts to borrowers in need of consumer loans. He joined other experts during a webinar on the topic hosted this week by the Securities Industry and Financial Markets Association. Altarescu said...
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Ginnie Mae Updates Guidance for Issuers Requesting Approval of Changes in Their Business Positions

September 11, 2015
Ginnie Mae this week revised its requirements for participating MBS issuers seeking approval of changes in their business status as a result of mergers, change of ownership or control, transfer of assets or a negative turn in their dealings with regulatory agencies. The agency decided to update the guidance because of the increasing number of requests from issuers, according to Ginnie Mae President Ted Tozer. The requests are getting more complex as well, he said. The agency’s Mortgage-Backed Securities Guide has been updated...
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TRID is Just Weeks Away. Will Congress or the White House Act?

September 11, 2015
Thomas Ressler
Although Republicans likely have enough votes to force a multi-prong regulatory relief bill through both chambers, the White House remains opposed...
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Banks Continued Pulling Back From ABS Market During 2Q15, But Outstanding Supply Kept Growing

September 11, 2015
Commercial banks and savings institutions reduced their holdings of non-mortgage ABS again during the second quarter, according to a new Inside MBS & ABS analysis of call reports. Banks and thrifts held $147.55 billion of non-mortgage ABS as of the end of June, a 5.1 percent decline from the previous quarter. The banking industry’s aggregate ABS portfolio has been shrinking steadily since the end of 2013 and was down 15.2 percent over that period. Banks shed...[Includes two data tables]
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Nonbanks Rebut Claims of Inadequate Regulation, Banks Claim Heavier Safety and Soundness Burden

September 10, 2015
There is no doubt that nonbank mortgage lenders are as heavily regulated as banks when it comes to consumer protection, some industry executives say, but the level of scrutiny for safety and soundness may be higher for depository institutions. The Community Home Lenders Association asserts that nonbanks are subject to more consumer protections than banks and have virtually identical regulatory burdens imposed by product regulations such as those for the FHA, VA, Ginnie Mae, Fannie Mae and Freddie Mac. “While nonbanks are heavily regulated at the state level, they are...
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With TRID Just Weeks Away, Mortgage Lender Reps Push for Regulatory Relief as Congress Reconvenes

September 10, 2015
The Oct. 3, 2015, effective date for the Consumer Financial Protection Bureau’s integrated disclosure rule is just weeks away, leaving the mortgage industry a shrinking window of time in which to convince members of Congress and the White House to provide regulatory relief. Although Republicans likely have enough votes to force a multi-prong regulatory relief bill through both chambers of Congress, the Obama administration appears to remain opposed, even if the White House has been sitting on the sidelines and completely disengaged. “On the TRID [implementation] extension, there’s...
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A Number of Factors Limiting Originations of Non-QM Loans for Less than Pristine Borrowers

September 10, 2015
Concerns about litigation and various pricing issues have combined to suppress originations of non-qualified mortgages to borrowers who aren’t affluent, according to industry analysts. Since the Consumer Financial Protection Bureau’s ability-to-repay rule and QM standards took effect in early 2014, a certain portion of the non-QM market has held up fairly well: interest-only mortgages. However, the loans tend to be available solely for affluent borrowers, while non-QM originations for less-than-prime borrowers remain limited. Most non-QM lenders are targeting...
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