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Inside the CFPB
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Non-Agency MBS Settlements Total $10.3 Billion In 2014, Says FHFA; Only Two Cases Still Pending

June 19, 2015
The Federal Housing Finance Agency settled $10.3 billion in legal claims in 2014 stemming from 11 non-agency MBS issues that go as far back as 10 years ago, noted the FHFA’s annual report to Congress released this week. These lawsuits were filed in 2011 against financial institutions along with some of their executive management including officers and directors. The suits alleged violations of federal securities laws and state laws in the sale of the non-agency MBS to Fannie Mae and Freddie Mac that took place in a two-year period during the housing downturn between 2005 and 2007. A number of issues contributed...[Includes one data table]
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Recommendation Says Use Treasury Warrants for Housing

June 19, 2015
Contributing Treasury’s warrants for common stock of Fannie Mae and Freddie Mac to the affordable housing funds is one of the ways that the Leadership Conference on Civil and Human Rights says the GSEs can help earmark financial resources toward affordable housing. In a June report published by the Leadership Conference, the organization offered a few of its housing finance recommendations to support affordable housing goals. The report noted that often lost in public discussion of the GSE conservatorships is the fact that the Treasury owns warrants for 79.9 percent of the common stock of both Fannie and Freddie. “The value of the warrants could easily exceed $100 billion,” the group said in its recommendation.
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CFPB Blinks, Grants 2-Month Extension on TRID Effective Date

June 18, 2015
Thomas Ressler
The face-saving mechanism in the CFPB's announcement was a claim to the discovery of a legal glitch.
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FHA Issues FAQs on Upcoming Single-Family Policy Handbook

June 18, 2015
George Brooks
Industry observers noted that FAQs didn’t answer some of the big questions that matter to lenders, such as quality control, student debt and pre-funding review requirements.
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CFPB Delays TRID Start Date Two Months, Giving Industry More Time to Grapple with Operational Issues

June 18, 2015
Despite having more than 21 months to admire its new integrated disclosure rule before it went into effect, the Consumer Financial Protection Bureau this week found an “administrative error” that would require a two-week delay for the scheduled Aug. 1 launch date. The agency decided to add another six weeks to the delay, making the new effective date Oct. 1, 2015. The CFPB said the additional time is to “accommodate the interests of many consumers and providers whose families will be busy with the transition to the new school year.” What about getting ready...
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Servicing Market Shrank Again in Early 2015 While Nonbanks Expanded Their Share of the Business

June 18, 2015
The outstanding supply of home mortgage debt – even what had been the fastest-growing sector of the market – ebbed in the first quarter of 2015. The Federal Reserve late last week reported the supply of home mortgage debt outstanding fell to $9.855 trillion as of the end of March. That was down 0.3 percent from December 2014 and reversed a modest expansion of the servicing market over the second half of last year. While banks, thrifts and credit unions managed...[Includes two data tables]
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QM Is Only Working Because of the GSE Crutch; Lenders Hobbling Forward With New Products

June 18, 2015
The only thing that kept the qualified-mortgage rule from devastating mortgage production was the temporary loophole that allows Fannie Mae, Freddie Mac and the government-insurance programs to treat loans with debt-to-income ratios above 43 percent as QMs, an industry official said. “Many have referred to QM as the Y2K moment for mortgages: nothing happened. We all thought this thing was going to implode. And yet there wasn’t too much of a glitch,” said Rod Alba, senior regulatory counsel at the American Bankers Association, during the ABA’s annual regulatory compliance conference in Washington, DC, this week. “At the macro level, that’s...
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Regulators Revise Flood Insurance Rules for Residential Mortgages, Set Escrow and Force-Placement Requirements

June 18, 2015
Federal financial institution regulators have approved a long-anticipated final rule that revises mandatory flood-insurance and escrow requirements as well as force-placed provisions. The Federal Deposit Insurance Corp. board of directors adopted the final rule unanimously. It combines two proposed rules issued in 2013 and 2014 that would implement certain provisions in the Biggert-Waters Flood Insurance Reform Act of 2012 and subsequent changes made by the Homeowner Flood Insurance Affordability Act of 2014 (HFIAA). Biggert-Waters exempts...
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California Court Finds Governor Brown Illegally Tapped State’s Mortgage Settlement Coffer to Plug Budget Holes

June 18, 2015
A California superior court last week ruled that Gov. Jerry Brown, D, illegally diverted more than $331 million from a landmark mortgage settlement fund to resolve a state budget deficit. The funds represented California’s share in the historic 2012 national mortgage settlement between federal enforcement agencies and 49 state attorneys general and the nation’s five largest mortgage servicers – Wells Fargo Bank, Bank of America, JPMorgan Chase, Citigroup and Ally Financial. The banks paid...
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Will Lenders Face TRID Overlays From Secondary Market?

June 17, 2015
Thomas Ressler
Some industry participants are concerned that they’ll have to contend with new disclosure-related compliance overlays from secondary market investors.
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