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January 23, 2015
Ginnie Mae Allows Rate-Change Dates in HMBS Annual ARM Pools. Ginnie Mae has decided to permit annual adjustable-rate Home Equity Conversion Mortgage pools to contain participations with different interest-rate adjustment dates. The participations in a pool must have the same adjustment date as the individual HECM loans to which they are related and an interest rate that adjusts on annual basis. In addition, participations must have a rate adjustment that will take place within 12 months following the month of pool issuance. This policy change is effective with Jan. 1, 2015, issuances and, thereafter, for both Constant Maturity Treasury and LIBOR index-based loan pools. Rescission Dates for Electronic Signatures/VA Guaranteed Home Loans, SCRA Requirements Extended. The Department of Veterans Affairs has extended the rescission date for ...
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Ocwen Settles With California DBO, Will Pay $2.5 Million; Stock Soars After Hours

January 23, 2015
Paul Muolo
As part of the settlement, the DBO will drop its effort to suspend Ocwen’s license in the state.
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Supreme Court Justice Scalia May ‘Go Rogue’ in Disparate-Impact Case

January 22, 2015
Thomas Ressler
Compass Point Research told clients that the case not only directly affects mortgage originators, but has implications for other lending sectors as well.
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SCOTUS Hears Oral Arguments in Disparate-Impact Case; Scalia’s Comments Suggest He May ‘Go Rogue’

January 22, 2015
Trying to handicap a forthcoming ruling from the highest court in the land is notoriously fraught with difficulty and unpredictability, given that the justices of the U.S. Supreme Court have a penchant for playing devil’s advocate on both sides of a legal issue. But comments made this week by one of the conservative justices, Antonin Scalia, during the high court’s consideration of the latest disparate-impact case to reach it made it clear he believes the legal doctrine of disparate impact is a part of the contemporary legal landscape. And that could prove to be pivotal to the ultimate outcome. The central legal question in Texas Department of Housing and Community Affairs, et al., v. The Inclusive Communities Project Inc. (No. 13-1371) is whether disparate-impact claims are cognizable under the Fair Housing Act of 1968. The state of Texas is challenging...
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CFPB’s Interest Rate Checker ‘No Substitute for Shopping,’ Bureau Rep Says as Fallout Continues

January 22, 2015
The Consumer Financial Protection Bureau this week countered mortgage-industry criticism about its recently launched interest-rate checker tool. “The rate checker is an educational tool and is not a substitute for shopping,” a spokesman for the bureau told Inside Mortgage Finance. “One of the findings of our survey was that consumers who said they were very familiar with available interest rates were almost twice as likely to shop, compared to those who were unfamiliar.” Further, before consumers make a final decision about a loan, they should compare...
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CFPB Makes Two Modest Changes to the TRID As Industry Hustles Toward August Compliance Deadline

January 22, 2015
The Consumer Financial Protection Bureau this week made final two tweaks to its integrated disclosure rule that were proposed back in October, both of which will give mortgage lenders a little more flexibility. Under the first change, lenders will have to provide a revised loan estimate within three business days after a consumer locks in a floating interest rate. Under the original rule, lenders would have had to provide the revised LE on the date the rate was locked. “After hearing feedback from stakeholders, the bureau determined...
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Outgoing Senate Democrat Pressed CFPB to Iron Out Wrinkle in QM Points-and-Fees Calculation

January 22, 2015
Shortly before he left office, the former chairman of the Senate Banking, Housing and Urban Affairs Committee urged the Consumer Financial Protection Bureau to fix a problem that may prevent some loans from being classified as qualified mortgages. Former Sen. Tim Johnson, D-SD, said the problem in the CFPB’s points-and-fees definition was the result of a drafting error in the Dodd-Frank Act, which established the qualified mortgage under the ability-to-repay regulation. Loans with points and fees exceeding 3 percent can still be legal under the ATR, but the lender doesn’t get the liability protection afforded QMs. “The calculation of points and fees for purposes of determining what is a qualified mortgage was not intended...
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Short Takes: JPM Sold Servicing to Nationstar? / IMA Will Still Sell Distressed Product / Ocwen Quietly Peddling Servicing? / Head of Retail at Guaranteed Rate Walks / $7MM to Get Deals Rated? / FHA Update

January 22, 2015
George Brooks, Brandon Ivey, and Paul Muolo
Thomas Gamache, national director of retail sales for Guaranteed Rate, has left the company and accepted a position with Citizens Financial Group...
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CFPB Cements Two Small Changes to the TRID

January 21, 2015
Thomas Ressler
After hearing from the industry, the CFPB determined that the short turnaround could pose challenges for lenders that allow consumers to lock rates late in the day or after business hours.
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S&P Settles Charges Regarding Ratings for Commercial MBS, Non-Agency MBS

January 21, 2015
Brandon Ivey
In settling, S&P did not admit or deny any of the allegations levied against the firm.
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