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Inside the CFPB
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Harvard Researchers Say Policymakers Should ‘Embrace’ Nonbanks

June 8, 2015
Brandon Ivey
They called on policymakers to “embrace” nonbanks and address unintended regulatory impacts that are seen as driving banks out of portions of the mortgage market.
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MBA’s Stevens Criticizes CFPB’s ‘Regulate by Enforcement’ Approach

June 8, 2015
Paul Muolo
A statement issued by MBA president David Stevens does not comment on the merits of the two cases but blames the CFPB for issuing LO comp rules that are not clear.
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FINRA Starts Disclosing Post-Trade Pricing Details For ABS, Transparency Expected to Slow Trading

June 5, 2015
The Financial Industry Regulatory Authority started publishing pricing data for a broad range of ABS this week in an effort to increase transparency. Industry participants suggest that the new disclosures will prompt a decrease in trading and have some impact on pricing. The ABS pricing details are available through the Trade Reporting and Compliance Engine and include deals issued as 144A private placements. “The dissemination of transaction information in ABS is...
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MBS Investing REITS May Go ‘Sideways’ For a While and Maybe That’s Not So Bad

June 5, 2015
With interest rates rising again, the future looks somewhat cloudy for real estate investment trusts that invest in MBS, a situation that investors have grown accustomed to the past few years. According to figures compiled by Keefe, Bruyette & Woods, the 28 mortgage investing REITs tracked by the firm had a combined market capitalization rate of $47.8 billion at the end of May, a slight drop from a year ago when the tally was $49.0 billion. Then again, not all of the 28 are...
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Soon Arriving: Disclosure of Third-Party Due Diligence Results

June 5, 2015
Brandon Ivey
Industry analysts suggest that the rule will prompt a number of changes in the MBS and ABS markets.
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CFPB Issues Public Advisory Against Deceptive Reverse Mortgage Ads

June 5, 2015
George Brooks
Several well-known actors, including Henry Winkler, Robert Wagner and Fred Thompson, have appeared in such ads over the past few years, vouching for the products and their safety.
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HUD Working on New Rule to Ease Backlog of FHA Insurance Claims

June 5, 2015
George Brooks
The FHA expects to finalize the proposed rule in August of this year, according to HUD’s new regulatory agenda, although the agency rarely comes close to its projected rulemaking timelines.
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What We’re Hearing: PHH Wondering ‘Who Moved My Mortgage Cheese’? / PLS Implications: What Does Merrill Lynch Think? / IMA Offers $2 Billion of MSRs / Piercy on MSRs: Buy Now / Ginnie About to Catch up with Fannie? What?

June 5, 2015
Paul Muolo
The CFPB case likely won’t make Merrill Lynch feel good about PHH, but we could be wrong. The two go way back…
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Individual Shareholders in Iowa Challenge GSE Profit Sweep

June 5, 2015
For the first time, individual shareholders have brought a suit against the Federal Housing Finance Agency alleging that the Treasury profit sweep was illegal and accused the agency of violating the Housing and Economic Recovery Act. The May lawsuit was filed in the U.S. District Court for Northern Iowa by three individual shareholders who owned stock in Fannie Mae and Freddie Mac prior to the Third Amendment.Thomas Saxton owns shares in the Z series of Freddie preferred stock and he owns shares of Freddie common stock with Ida Saxton.The pair own common stock both jointly and individually and acquired their shares in 2008. The third plaintiff is Bradely Payner, who owns shares of Fannie common stock.
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GSE Roundup

June 5, 2015
Nevada Addresses ‘Super Lien’ Concerns. Nevada’s governor signed legislation last week addressing concerns raised by the FHFA regarding homeowners’ association liens. In September, the Nevada Supreme Court determined that an HOA super lien has priority lien status, which can trump the GSEs’ first lien status during foreclosure. Senate Bill 306 in Nevada aimed to address some of those issues by establishing a new limited right of redemption for lien holders after an HOA foreclosure sale, among other provisions. The FHFA has repeatedly noted it has an obligation to protect the GSEs’ rights, and will aggressively do so by bringing or supporting actions to contest HOA foreclosures that purport to extinguish GSE property interests in a manner
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