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Inside the CFPB
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Want to Help the Securitization Market? Fix Regulatory ‘Uncertainty’

February 13, 2015
Brandon Ivey
The due diligence findings must be published within five days after a deal prices.
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M&T Faces Lending Discrimination Charges in New York

February 13, 2015
George Brooks
The Fair Housing Justice Center accused M&T Bank of violating the Fair Housing Act by offering higher loan amounts to white borrowers and allowing more flexible criteria...
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HUD Mum on Reported Revisions in Direct Endorsement Program, Loan Certification Policies and Procedures

February 12, 2015
The Department of Housing and Urban Development declined to comment on the progress on revised policy drafts that may help reduce lender liability and ease back-end enforcement actions. The FHA is considering procedural changes aimed at easing lender liability to spur more FHA lending to qualified, underserved borrowers. Specifically, FHA is reportedly working to raise the bar on loan certification violations, making it harder to sue lenders for unintentional or technical mistakes. Such a change could spur...
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Paired Testers Uncover Discriminatory Lending at M&T Bank, Minorities Get Fewer Breaks than Whites

February 12, 2015
M&T Bank is facing lending discrimination allegations in U.S. District Court in Manhattan after a fair housing group claimed to have accumulated evidence of disparate treatment between qualified minority borrowers and less-qualified white mortgage applicants. The Fair Housing Justice Center, a New-York based nonprofit, accused M&T Bank of violating the Fair Housing Act by offering higher loan amounts to white borrowers and allowing more flexible criteria than those made available for minority borrowers. As of press time, M&T did not respond...
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Policymakers Weigh Relief for Small Banks, CUs From DFA, Trickle-Down Exams, Best Practices

February 12, 2015
Lawmakers and regulators alike cited the recent move by the Consumer Financial Protection Bureau to liberalize its ability-to-repay rule somewhat as an example of the kind of adjustments that can be made to help ease the regulatory burden for smaller financial institutions, especially those operating in underserved markets. “A few weeks ago, the CFPB announced changes to its mortgage rules – a win for small lenders, particularly those in underserved rural areas,” said Sen. Sherrod Brown, D-OH, ranking member of the Senate Banking, Housing and Urban Affairs Committee, during a hearing early this week. “There is...
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Investors Can’t Seem to Make Up Their Minds About Mortgage Stocks; Some are In, and Some Are Out

February 12, 2015
Institutional investors that loaded up on mortgage stocks the past two years have been battered by huge losses thanks to a 34 percent plunge in originations and negative publicity generated by industry bellwether Ocwen Financial and some of its peers. But with some mortgage stocks – such as Owen – trading at 80 percent discounts to their 52-week highs, now may be the time to “re-enter” the volatile world of mortgage equities. At least, that’s how some hedge funds and private-equity firms view the matter. According to Henry Coffey, a vice president and senior analyst at Sterne Agee, there are...
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M&A Heats Up: New Jersey REIT to Buy Aurora While RoundPoint May Be Entertaining Offers

February 12, 2015
RoundPoint Mortgage, a servicer with more than $41 billion of receivables on its books, is entertaining offers for the entire company, according to industry officials briefed on the matter. Moreover, servicing advisors contend that several large bulk servicing portfolios are ready to hit the market in what should turn out to be a busy late winter/early spring for both buyers and sellers of mortgage servicing rights. In a recent public disclosure, Ocwen Financial said...
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Inter-Party Differences Hinder Action in Congress on Mortgage Finance Reform

February 12, 2015
Internal differences among Democrats and Republicans – let alone the strong differences between the two parties – have prevented Congress from resolving the conservatorship of the two government-sponsored enterprises, according to industry analysts. At the ABS Vegas conference this week sponsored by the Structured Finance Industry Group and Information Management Network, two people with intimate knowledge of matters in the House and Senate pointed to inter-party issues regarding GSE reform. Andrew Olmem, a partner at the law firm of Venable and a former Republican chief counsel and deputy staff director at the Senate Committee on Banking, Housing, and Urban Affairs until 2013, noted...
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HUD Secretary Castro Faces the Music in First Encounter With GOP Critics on House Financial Services Committee

February 12, 2015
Department of Housing and Urban Development Secretary Julian Castro faced the wrath of the GOP majority during a House Financial Services Committee hearing this week on the state of the FHA, focusing on the agency’s recent decision to cut annual mortgage insurance premiums. While Castro may have been warned about stepping into the lion’s den, he appeared ill-prepared for the confrontation with Republicans, unable to answer basic questions such as FHA’s net income, overall delinquency rate and the serious delinquency rate for 2014. Democrats, on the other hand, helped the embattled secretary regain his footing by expressing support for FHA’s efforts and putting perspective on some of FHA’s actions to strengthen the Mutual Mortgage Insurance Fund and help qualify more borrowers for FHA credit. Committee Chairman Jeb Hensarling, R-TX, set...
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LOs Shying Away from Non-QMs Due to Underwriting Requirements

February 12, 2015
Brandon Ivey
“Agency product is much easier to originate,” said Eric Burner, a partner at the law firm of Hunton & Williams.
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