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SCOTUS Hears Oral Arguments in Overtime Cases, While Another Disparate Impact Case Approaches

December 4, 2014
This week, the U.S. Supreme Court heard oral arguments in two consolidated cases on whether the overtime provisions in the Fair Labor Standards Act apply to mortgage loan officers – and the narrower question of whether federal agencies have the authority to make regulatory changes without using the “notice and comment” rulemaking process. Both cases involve the Mortgage Bankers Association as the respondent. The U.S. Department of Labor argued...
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State Regulators Increase Reporting Requirements, Focusing on Servicing and Qualified Mortgages

December 4, 2014
State-regulated lenders and servicers will be required to report new information on servicing and originations to regulators beginning in the first quarter of 2015. Lenders weren’t able to win many concessions from the Conference of State Bank Supervisors, which proposed reporting changes for the Nationwide Mortgage Licensing System & Registry’s Mortgage Call Reports in October. The State Regulatory Registry, a subsidiary of the CSBS that operates the NMLS on behalf of state regulators, positioned the reporting requirements as part of an effort to reduce regulatory burden for lenders. “A goal of the MCR is...
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Joint Agency Final Rule on Minimum Requirements For Appraisal Management Companies Coming Soon

December 4, 2014
The multi-agency final rule implementing the Dodd-Frank Act appraisal-related amendments to the Financial Institutions Reform, Recovery, and Enforcement Act is expected sometime this month, according to the Consumer Financial Protection Bureau’s semi-annual regulatory agenda. The amendments made by Dodd-Frank to FIRREA require new minimum requirements to be applied by states in the registration, reporting and supervision of appraisal management companies (AMCs). They further require implementing regulations for new quality control standards for automated valuation models (AVMs) “designed to ensure a high level of confidence in the estimates produced by the valuation models.” The pending regulations also are...
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Treasury’s OFR: Standard Used for QRMs Wasn’t Meant to Protect Lenders or Investors

December 3, 2014
Brandon Ivey
The Treasury Department noted that QRM standards do not include requirements for loan-to-value ratios.
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Genworth Survey: Industry Concerned About G-Fee Increase

December 3, 2014
George Brooks
Some 61 percent of mortgage executives believe lenders are overly restrictive with underwriting standards.
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FHFA Cautions GSEs on Risk Management Oversight

December 2, 2014
Charles Wisniowski
Just because a GSE uses a third-party vendor to assess the risk of seller/servicers as counter-parties that doesn’t mean the GSE – or their management – is off the hook if something goes awry.
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Short Takes: Special Servicers Beat Banks on Distressed Mortgages… / One Caveat Though / Looser Mortgage Credit? Hah! / Northrim Closes M&A Deal / Former Freddie Official Lands at StoneHill

December 2, 2014
Paul Muolo and Thomas Ressler
A new poll from IMFnews and Inside Mortgage Finance suggests that lenders are hardly optimistic that the R&W changes will amount to anything.
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Mortgage Industry Braces for Nonbank Capital ‘Standards’ From State Regulators

December 1, 2014
Paul Muolo
Mortgage bankers are concerned about what the CSBS is up to and how binding its recommendations will be.
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Ocwen’s Consent Order with the NYDFS Expires Dec. 5; Then What?

December 1, 2014
Paul Muolo
The original consent order was dated Dec. 5, 2012, establishing the compliance monitor and more.
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MBA: Regulatory Hurdles, No Single Dominant MBS Purchaser Mark Uncertain Secondary Market Future

November 26, 2014
In the wake of the Federal Reserve’s announced end to its multi-part quantitative easing program, look for private investors to face a number of challenges when it comes to increasing their share of the MBS market, concluded a white paper by the Mortgage Bankers Association. The MBA paper, issued late last week, noted there is no single player waiting in the wings able to pick up the slack when the Fed relinquishes its role as the dominant purchaser of agency MBS. “Many of the potential private investors face...
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