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Inside the CFPB
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MBA Sets Up Task Force to Reopen Debate On Basel III and Its Impact on MSR Market

October 9, 2014
The Mortgage Bankers Association is on a mission to convince banking regulators to revisit the Basel III capital standards and to change the cap on how much mortgage servicing rights can count toward Tier I capital. The way things stand now, MSRs will be capped at 10 percent of capital when the rule is fully phased in, with the excess deducted from a depository’s “common equity.” Previously, the cap was 100 percent. In a draft letter to the Federal Reserve, the Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency, the MBA argues...
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If Third Time’s the Charm, SCOTUS May Finally Render An Opinion on Fair Housing Disparate-Impact Claims

October 9, 2014
The U.S. Supreme Court gets another crack at deciding whether plaintiffs can bring a disparate-impact lawsuit under the Fair Housing Act (and by extension, the Equal Credit Opportunity Act), a question that has divided courts, lenders and consumer advocacy groups for years. The court’s partial grant of the petition in the Texas case would be its third opportunity in two years to rule on the controversial question. Two prior cases raising that issue, Township of Mount Holly v. Mt. Holly Gardens Citizen Action, Inc. and Magner v. Gallagher, were both settled before oral argument could be presented before the court. SCOTUS has agreed...
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Mortgage Underwriting Standards Have Eased Some In Recent Years, But Still Stiff Compared to the Boom

October 9, 2014
Mortgage underwriting standards are relaxing somewhat, according to a new analysis by Inside Mortgage Finance, particularly as production has shifted from a focus on refinances to purchase mortgages. However, underwriting standards are much more stringent than they were before the financial crisis, with few options available for nonprime borrowers. The average credit score on purchase mortgages included...
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Short Takes: One More Sip From the Refi Grapes? / Auction.com Will Finance RE Investors / Wells Settles Lending Discrimination Case with HUD / IG Says FHFA Could Spruce Up its Recordkeeping / FHFA’s Watt Gets a New Chief of Staff

October 9, 2014
Paul Muolo and Charles Wisniowski
Another refi boomlet? One Long Island-based mortgage executive told us this: “Locks doubled from the day before and are up 30 percent over the previous 10 days”…
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Short Takes: Did BofA Yank a Big Subservicing Contract? / No Word From Wingspan CEO This Time / Ethos Bullish on Loan Brokers / Black Knight Hires CTO

October 8, 2014
Paul Muolo
Ethos Lending, a QM and non-QM lender, is marketing itself to third-party loan officers as the “broker advocate."
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Legal Expert Blasts Judge’s Ruling in GSE ‘Net Worth Sweep’ Case

October 8, 2014
Charles Wisniowski
New York Law School professor Richard Epstein took issue with Judge Lamberth’s ruling that HERA doesn’t take away any “cognizable property rights.”
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GAO: Difficult to Evaluate FHFA on G-Fees Due to Lack of Clearly Stated Goals

October 8, 2014
Brandon Ivey
Is it that the FHFA doesn't want to take a stand on g-fees because it fears alienating the industry?
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Ginnie Scrutinizing ‘Changes of Control’ More Closely, Guidance on the Way

October 8, 2014
Paul Muolo
More clarity on the matter is expected later this month when Ginnie is set to release new guidance at the annual convention of the Mortgage Bankers Association.
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The ‘Brain Drain’ at the GSEs Will Continue. Here’s Why

October 7, 2014
Charles Wisniowski
Are Fannie Mae and Freddie Mac executives just wage slaves? And is there something wrong with that?
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Treasury Resisting Calls to Increase Scrutiny of HAMP Servicers

October 7, 2014
Brandon Ivey
The watchdog arm of Congress noted that the Treasury hasn’t implemented 6 out of 24 recommendations relating to housing programs funded by the Troubled Asset Relief Program.
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