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Inside the CFPB
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Ocwen’s Sale of Servicing to Nationstar Might Not Go Through

July 31, 2015
Brandon Ivey
“Of course, there are no guarantees, and all of our announced sales may not close as we currently envision,” said Ocwen's Ron Faris.
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Court Ruling Opens Old Issues: Is the CFPB Constitutional? Is Cordray Legal?

July 31, 2015
George Brooks
Stop the office renovations? The CFPB may be unconstitutional after all...
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Nation’s Largest Lender Wells Fargo Withdraws From Marketing Service Agreements Too

July 30, 2015
Paul Muolo
In particular, Wells said it would “withdraw from mortgage marketing services and desk rental agreements with real estate firms, builders and certain other referral sources.”
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State Regulators Plot Changes to NMLS Licensing Forms, Mortgage Call Report

July 30, 2015
State regulators have proposed changes to Nationwide Mortgage Licensing System & Registry licensing forms and call reports that would be a mixed bag for lenders, addressing some concerns while adding new reporting requirements. The proposal from the State Regulatory Registry, a subsidiary of the Conference of State Bank Supervisors, comes two months after an initial request for comments regarding NMLS licensing forms and the mortgage call report (MCR). Comments on the proposal are due Aug. 20. State regulators stuck...
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D.C. Circuit Reverses, Finds Texas Bank Has Standing To Challenge CFPB, Cordray’s Appointment as Chief

July 30, 2015
An appeals court in the D.C. Circuit has ruled that a Texas bank has standing to challenge the constitutionality of the Consumer Financial Protection Bureau, an independent federal agency that regulates consumer financial products and services. A three-person judicial panel unanimously overturned a 2013 district court ruling, which concluded that the plaintiff did not have standing and that its claims were not ripe. In State National Bank of Big Spring, TX, et al. v. Lew, et al., the U.S. Court of Appeals for the D.C. Circuit reversed and ruled that the bank has standing to challenge the constitutionality of the CFPB as well as the recess appointment of its director, Richard Cordray. The bank, joined by two nonprofit organizations, originally filed...
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W.J. Bradley and RPM Mortgage Settle Suit Over Alleged Theft of Customer Information, But No Details Disclosed

July 30, 2015
W.J. Bradley Mortgage recently settled a civil suit filed against one of its competitors, RPM Mortgage, regarding the alleged theft of customer loan files by a top-ranked and recruited loan officer. In a statement, RPM said: “We are pleased that the litigation with W.J. Bradley has been settled. As always, the confidentiality of client information is of paramount importance to RPM.” W.J. Bradley, the original plaintiff in the matter, would not comment...
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More Needed from CFPB, HUD, Banking Regulators In Reviews of QM, QRM Regulations, GAO Says

July 30, 2015
The Government Accountability Office wants federal regulators responsible for reviewing the qualified mortgage and qualified residential mortgage rules to make sure they consider specific metrics and analytic methods. The Consumer Financial Protection Bureau, the Department of Housing and Urban Development, and the other federal agencies are slated to issue a review of the QM rule in January. The review of the QRM standard, part of a mortgage-securitization rule, won’t happen until 2019. So far, the regulatory agencies have identified...
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Top Warehouse Lender Launches Correspondent Effort With the Goal of Growing Mortgage Servicing

July 30, 2015
Texas Capital BancShares recently unveiled a new correspondent acquisition program, but it’s not the loans per se that the bank is after – it’s the servicing rights attached to them. “They want to be in the servicing business,” said Chuck Klein, managing partner at Mortgage Banking Solutions. “The reason you enter the correspondent business is to get at the servicing rights. They’re in a great position to do a lot of business.” As for the details, the industry will...
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House Moves to Expand QM Safe Harbor While Senate Backs Away From GSE Tax for Highways

July 30, 2015
The House Financial Services Committee this week marked up legislation to block pay raises for the top executives at Fannie Mae and Freddie Mac and to extend qualified-mortgage status to loans originated for an institution’s retained portfolio. H.R. 1210, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY, would extend qualified-mortgage protection from litigation and enforcement actions for mortgages originated and retained in portfolio by depository institutions. “This would incentivize private-sector risk retention,” said Barr. Rep. John Carney, D-DE, said...
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Prospect Mortgage Pulls the Plug on Marketing Service Agreements; A CFPB Crackdown on RESPA?

July 30, 2015
Paul Muolo
One consultant said many lenders are now reviewing their MSAs and may follow the lead of Prospect.
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