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Inside the CFPB
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Factors Beyond Interest Rates Limiting Originations of Adjustable-Rate Mortgages

July 1, 2015
Originations of adjustable-rate mortgages in the past seven years have been well below production seen before the financial crisis. While low interest rates have contributed to limiting originations of ARMs, industry analysts suggest that other factors will continue to constrain ARM production even when interest rates rise. An estimated $41.0 billion in ARMs were originated in the first quarter of 2015, down 10.0 percent from the previous quarter and off ...
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Green Tree Corrects Servicing Settlement Issues, Ocwen Still Under Investigation

June 30, 2015
Brandon Ivey
Smith said his team has reviewed thousands of documents and interviewed at least nine Ocwen executives...
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Experts Advise on How Best to Deal With Shifting Fair Lending Issues

June 30, 2015
Thomas Ressler
Many in the industry wonder why it appears that access to credit remains so tight, seven years after the last financial crisis.
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Due to Recent Data Breach, IRS Denies Some Lenders’ Request for Tax Transcripts

June 29, 2015
George Brooks
According to the RHS, the Internal Revenue Service action is meant to deter any fraud that might result from identity theft.
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Regulators in Washington State Accuse Quicken on False VA Loan Ads

June 29, 2015
George Brooks
Since then, Quicken has conducted a thorough review and has “proactively taken steps to ensure all [VA] mailings reflect our brand and quality standards,” Emerson said.
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Will SCOTUS Disparate Impact Ruling Make CFPB More Assertive?

June 29, 2015
The U.S. Supreme Court last week validated the disparate-impact legal theory as it relates to housing discrimination in the case of Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. And while the immediate effect of the ruling has more to do with the Department of Housing and Urban Development’s enforcement of the Fair Housing Act’s restrictions on disparate impact, there are definitely implications for the CFPB’s enforcement of the Equal Credit Opportunity Act’s prohibitions against disparate impact. The crux of this case was whether disparate-impact claims are cognizable under the Fair Housing Act of 1968, where a plaintiff alleges discrimination based on the disparate impact that a defendant’s “facially neutral” practice has upon members of ...
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Bureau Publishes Thousands of Consumer Complaint Narratives

June 29, 2015
The CFPB, much to the lending industry’s consternation, last week “went live” with the online publishing of more than 7,700 consumer complaint narratives addressing mortgages, bank accounts, credit cards, debt collection and other issues. Under its new final policy statement, the bureau is extending its existing practice of disclosing data on consumer complaints “to include narratives for which opt-in consumer consent is obtained and a robust personal information scrubbing standard and methodology has been applied.” The purposes of the database include providing consumers with timely and understandable information about financial products and services, and improving the functioning, transparency and efficiency of markets for such products and services. The CFPB said that adding additional information to the database, and hearing narratives ...
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CFPB Proposes to Delay TRID Effective Date, Questions Remain

June 29, 2015
The CFPB last week formally proposed amending its integrated mortgage disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act – the so-called TRID – to move the rule’s effective date to October 3, 2015, which would give the industry a two-month delay. Although the TILA-RESPA final rule was published on December 31, 2013, and received widespread public and Congressional attention, the bureau said it “recently discovered that it inadvertently had not submitted the rule report to Congress as required.” The bureau’s oversight came despite having 18 months to anticipate and plan for the submission. “Immediately upon discovering its error, the bureau submitted the rule report to both Houses of Congress and the Government Accountability Office on ...
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Marketing in Spanish? Disclose, Service in Spanish, Experts Say

June 29, 2015
Here’s a fair lending regulatory compliance tip from the American Bankers Association’s 2015 regulatory compliance conference in Washington, DC: If you are advertising or marketing mortgage products in Spanish, you would be well advised to provide all requisite disclosures and servicing in Spanish. “As you think about how to reach people, advertising and marketing in Spanish is a good way to get to Spanish-speaking population,” said Andrew Sandler, chairman and executive partner at the BuckleySandler law firm, during a breakout session on fair lending. “But one thing regulators are intent on is, if you’re selling me in my language, then you need to be servicing me in my language too. So lenders should be careful to think about that,” the ...
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Dual Tracking Still a Problem Among Mortgage Servicers: CFPB

June 29, 2015
The CFPB’s latest supervisory report finds illegal mortgage servicing practices are still continuing in at least corners of the marketplace. According to the report, the bureau’s examiners found at least one servicer that sent notices of intent to foreclose to borrowers already approved for trial modifications. “This dual-tracking could mislead consumers to believe the servicer had abandoned the trial modification,” the CFPB said. Bureau examiners also found at least one servicer that, because of a system error, sent notices to borrowers who were current on their loans, saying that foreclosure would be imminent. There are also still problems with illegal runarounds with loss mitigation applications, according to the report. For example, examiners found at least one servicer requesting additional documents ...
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