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Inside the CFPB
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RHS Final Rule for Certified Loan Application Packagers, Brokers

May 15, 2015
The Department of Agriculture’s Rural Housing Service has issued a final rule creating a certified loan-application packaging process for the agency single-family loan guaranteed housing program.Published in the April 29 Federal Register, the rule also establishes standards for packagers of loan applications, who are independent from RHS but play a key role in providing Section 502 rural home loan programs to potential homeowners. The final rule will take effect on July 28, 2015. Specifically, the rule addresses the weaknesses in RHS’ loan-application process and integrates the lessons learned from a loan-packaging pilot launched in 2010. The packager gathers and submits the information needed for RHS to determine whether a loan applicant is eligible for ...
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Mortgages Rank High Among Top Servicemember, Vet Complaints

May 15, 2015
Making mortgage payments is the most common type of mortgage complaint active servicemembers, veterans or their dependents report to the Consumer Financial Protection Bureau. A recent CFPB report on the top complaints received from military members and their families show that 24 percent were mortgage-related, second to debt collection, which accounted for the highest percentage of complaints received, 39 percent. An estimated 53 percent of servicemember complaints involved mortgage servicing related to loan modifications, collections and foreclosures. The report did not identify any specific loan, although it covered both conventional and government-backed mortgages. Complaints against servicers were mostly about failure to remove or amend derogatory credit reports accrued by servicemembers during the trial period, even though the servicemembers have successfully ...
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Ocwen Reveals Fair-Value Charge To GNMA MSRs Due to MIP Cut

May 15, 2015
Mortgage servicer Ocwen Financial, the target of a state enforcement action for allegedly mishandling distressed borrowers, said it would delay its regulatory 10-Q filing because of an impairment charge on Ginnie Mae servicing rights. The impairment was caused by a 50 basis point cut in the FHA’s annual mortgage insurance premium, which took effect in January, the servicer said. Although it had expected a $34.4 million profit in the first quarter of 2015, Ocwen took a $17.8 million impairment charge, which included monitoring costs, “strategic advisor expenses,” and fair-value adjustments. FHA lowered the annual MIP to enable more borrowers to obtain an FHA-insured single-family mortgage loan with a 3.5 percent downpayment. Ocwen would likely lose money if it sold off its government-backed MSRs, according to one servicing advisor. Last fall, Ocwen tried to sell its ...
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What We’re Hearing: What’s Next for Nationstar, Walter, Ocwen? / A Broken High-Touch Model? / Oh No: Ocwen Takes the Corporate Jet Away! / Texas Bank Warehouses Impac / FHFA Does Not Want the FHLBs to be an Issuer Through the CSP / More TRID Anxiety

May 15, 2015
Paul Muolo
More trouble for Ocwen: the corporate jet has been yanked!
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Shelby Bill Includes Support for Portfolio Loans

May 15, 2015
A draft of legislation unveiled this week by Sen. Richard Shelby, R-AL, includes provisions that would support portfolio lenders and real estate investments trusts, among a myriad of other issues. Support from Democrats for some of the provisions in the draft has been tepid, and it’s not clear that President Obama would sign a bill without changes. The Financial Regulatory Improvement Act of 2015 aims to “improve access to credit and reduce the level of risk in our financial system,” ...
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Critics Slam Dodd-Frank and the Failure to Reform Housing Finance System, Predict More Failure

May 15, 2015
Republicans in the House of Representatives continued their efforts to chip away at the Dodd-Frank Act during a hearing this week by rolling out critics who said the act not only was a poor and ineffective response to the 2008 financial crisis, but also created a host of new problems and could be contributing to the next debacle. Rep. Sean Duffy, R-WI, chairman of the House Financial Services Oversight and Investigations Subcommittee, said a major assumption underlying Dodd-Frank – that the primary cause of the financial crisis was misbehavior by securities market participants – was false. “Main Street lenders are being...
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Electronic Contracts for Loans Increasingly Common In ABS Market, Presenting Efficiencies and Some Risks

May 15, 2015
ABS issued in recent years have included a marked increase in the use of electronic contracts, particularly for prime auto deals. Industry analysts note that e-contracts can be treated similarly to physical contracts, though issuers must address concerns from investors, lenders and rating services. “The pace of e-contract adoption has increased, and some prime auto captives are believed by industry participants to be moving to 100 percent e-contract origination by the end of 2015,” DBRS said this week. “The adoption of e-contracts has also occurred across the ABS industry, with subprime auto and timeshare lenders beginning to use them for loan originations.” Use of e-contracts in the auto space has been boosted...
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CFPB, Citing Parallels with Mortgage Servicing, Begins Probe of Student Loan Servicing Practices

May 15, 2015
The CFPB this week launched a public inquiry into student loan servicing practices that create repayment challenges, hurdles for distressed borrowers and economic incentives that may affect the quality of service. “As a growing share of student loan borrowers reach out to their servicers for help, the problems they encounter bear an uncanny resemblance to the situation where struggling homeowners reached out to their mortgage servicers before, during and after the financial crisis,” CFPB Director Richard Cordray said during a field hearing in Milwaukee on Thursday. “Having seen the improper and unnecessary foreclosures experienced by many homeowners, the CFPB is concerned that inadequate servicing is also contributing to America’s growing student loan default problem.” Currently, about 8 million Americans are...
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REIT MBS Holdings Decline in Early 2015, Riding Out Volatility as Fed Adjusts Policy

May 15, 2015
Most real estate investment trusts that invest heavily in residential MBS reported modest declines in the fair value of their MBS holdings during the first quarter, according to an analysis and ranking by Inside MBS & ABS. A group of 16 publicly traded mortgage REITs held a combined $263.94 billion of agency and non-agency MBS as of the end of March. That was down 6.6 percent from the previous quarter, but represented a 1.1 percent increase over the first quarter of 2014. Some 92.6 percent of the group’s residential mortgage securities holdings were...[Includes one data chart]
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Shelby Bill Would Open Access to Emerging GSE Securitization Platform, Expand Risk Transfers

May 15, 2015
A new regulatory relief bill drafted by Sen. Richard Shelby, R-AL, would guarantee that the common securitization platform project managed by Fannie Mae and Freddie Mac would be open to all MBS issuers “as soon as practicable,” and structured as a nonprofit utility. The legislation, which also expands the risk-transfer activities of the two government-sponsored enterprises, lays the groundwork for the CSP being transferred away from the GSEs and managed by a third-party provider. But that doesn’t mean...
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