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Inside the CFPB
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Servicing Transfer Complaints ‘Escalating’ In HAMP; Little Response from Treasury

November 6, 2014
The Treasury Department isn’t doing enough to address issues with servicing transfers in the Home Affordable Modification Program, according to the Special Inspector General for the Troubled Asset Relief Program. The SIGTARP warned that complaints about servicing transfers are “escalating,” though that’s from a low base, with only 84 complaints from borrowers this year. “The serious problems raised by homeowners include lost and delayed HAMP applications, trial and permanent modifications not being honored, and the miscalculation or misapplication of monthly payments,” the SIGTARP said in a report released last week. The Treasury monitors...
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Lenders Strongly Oppose Proposal from State Regulators to Increase Reporting Requirements

November 6, 2014
A proposal from the Conference of State Bank Supervisors to increase reporting requirements on state mortgage call reports has been met with strong resistance from a number of lender trade groups. In October, the CSBS proposed collecting additional quarterly information regarding qualified mortgages and servicing, among other data submitted as part of the Nationwide Mortgage Licensing System and Registry’s mortgage call report. The comment period closed late last week. “We join...
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PHH Mortgage Dodges a Bullet, For Now, as Judge Throws Out Punitive Damages in Loan Mod Dispute

November 6, 2014
PHH Mortgage may avoid taking a big hit in a legal dispute with a homeowner after the company mishandled his mortgage modification. Last week, in Linza v. PHH Mortgage Corp. et al., Yuba County (CA) Superior Court Judge Stephen Berrier threw out most of the jury’s original $16.2 million verdict against the company, including all punitive damages. Instead, the judge said that homeowner Phillip Linza is entitled to only $159,000 in damages. The case stems...
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Lessons Learned From Enforcement Trends Help Lenders Cope With New UDAAP Environment

November 6, 2014
As mortgage lenders continue to feel their way around the world of unfair, deceptive or abusive acts or practices (UDAAP) as defined by the Dodd-Frank Act and the Consumer Financial Protection Bureau, there is much they can learn from a close examination of recent enforcement actions. During a webinar this week sponsored by Inside Mortgage Finance, Mercedes Tunstall, a partner with Pillsbury Winthrop Shaw Pittman, said CFPB consent orders show that the bureau is watching telemarketing practices very closely. The CFPB is...
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GSEs Keep Cranking Out Profits in 3Q14

November 6, 2014
Fannie Mae and Freddie Mac reported a combined $6.0 billion in net income for the third quarter of 2014, up from $5.1 billion in the previous quarter. The two government-sponsored enterprises will send to the Treasury $6.8 billion as return on the government’s senior preferred stock. That will bring cumulative payments under the GSE conservatorships to $225.5 billion. Fannie and Freddie were given...
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Short Takes: Hey Mel, Where’s the Formal Proposal on Looser GSE Credit? / Two Large MSR Auctions? / Warehouse Outlook Subdued / Risks and Rewards of Mortgage REITs / HUD’s Disparate Impact Rule Toast?

November 5, 2014
Paul Muolo
Whatever might be in the works at the FHFA regarding looser credit won’t be out until mid-December, we’re told…
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HUD Won’t Adopt CFPB’s Amended QM Points-and-Fees ‘Cure’ Provision

November 4, 2014
George Brooks
The CFPB initially allowed a simple refund of the excess amount under certain conditions...
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OCC: Freddie Re-Default Mods Perform Ahead of Fannie in 2Q14

October 31, 2014
Modified Freddie Mac mortgages performed better than Fannie Mae loans more than two years after modification as the performance gap between the two GSE closed slowly, according to the Office of the Comptroller of the Currency. The OCC’s latest Mortgage Metrics Report noted that Freddie loans had a 15.5 percent re-default rate six months after modification, while Fannie mods saw a 16.2 percent rate.At the 12-month mark, Freddie stood at 21.9 percent compared to Fannie’s 23.2 percent.
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Enterprise Endnotes

October 31, 2014
FHFA’s Watt Promises a CEO for the CSP by Year-end. After a year of searching for a chief executive to lead Common Securitization Solutions, the Federal Housing Finance Agency is getting closer to picking a candidate for the job. Speaking at the annual convention of the Mortgage Bankers Association in Las Vegas last week, FHFA Director Mel Watt promised the industry that a CEO would be named by Dec. 31. The FHFA’s search firm is Spencer Stuart.
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Academic Weighs in on GSEs' Future: Obama Should go with an ‘Administrative’ Solution

October 31, 2014
Charles Wisniowski
An administrative solution is already possible within the Housing and Economic Recovery Act of 2008, which grants the FHFA authority to bring the GSEs out of conservatorship.
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