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Inside the CFPB
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Supreme Court Preparing to Hear Cases Involving DOL’s Overtime Guidance for Loan Officers

September 18, 2014
The U.S. Supreme Court is set to hear cases in its coming term regarding guidance issued by the Department of Labor involving overtime pay for loan officers. Oral arguments are scheduled for Dec. 1, and a decision is expected by June. The cases are Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association. The MBA has argued that the DOL didn’t follow rulemaking procedures in 2010 when the regulator withdrew guidance stating that loan officers could be exempt from overtime compensation requirements under the Fair Labor Standards Act. Lenders have received...
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Is ‘Disparate Impact’ a Valid Claim Under the Fair Housing Act?

September 18, 2014
George Brooks
According to the final rule that HUD adopted in February 2013, a practice has a discriminatory effect on a protected class if HUD or a private plaintiff can establish liability under the statute, even if there is no intent to discriminate.
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Industry Asks CFPB for More Written Guidance on RESPA-TILA Integration

September 17, 2014
Thomas Ressler
The 16, which include the Mortgage Bankers Association and American Bankers Association, want the CFPB to deepen its engagement using industry forums.
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Former Obama Official: You Can Trace Tight Credit to Lenders Paying Huge Legal Settlements

September 17, 2014
Thomas Ressler
“Law enforcement has been on a bit of a run with settlements and enforcement," said Jim Parrott, a former Obama administration point man on housing.
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FHFA Rejects IG’s Findings on the Loosening of Buyback Rules

September 17, 2014
Charles Wisniowski
The FHFA partially agreed with the IG's first recommendation and flatly rejected the second.
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Short Takes: New Hampshire Nonbank About to be Sold / PE Firms Like Hard Money, Crowdfunding, P2P / Are Commercial Banks Toast? / Virginia Sues Wall Street Over PLS / Great Scot! Who Gets the RBS Liability?

September 17, 2014
Paul Muolo
Although there appears to be strong interest these days in mortgage banking firms, the outlook isn’t particularly bright for commercial banks.
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FHA Commissioner Would Like to See Agency Separated from HUD

September 16, 2014
George Brooks
David Stevens, who led the FHA for part of the financial crisis, recalled difficult times dealing with policymakers and appropriators.
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Ex-FHFA Chief DeMarco Warns that Private Capital May Lose Interest in Mortgages

September 16, 2014
Charles Wisniowski
“The conservatorships are a huge barrier to entry for private capital,” said former FHFA Acting Director Edward DeMarco.
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Short Takes: What’s MERS Worth? / Fannie, Freddie and MBA Could Use the Money / MBA Tells FHFA to go Easy on Buybacks / A Drop in FHA FICOs / Clayton’s New Hire

September 16, 2014
Paul Muolo and George Brooks
The Mortgage Bankers Association wants the FHFA to push Fannie and Freddie to go easy on mortgage buybacks.
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White House Will Meet with Lenders Over Mortgage Credit Access

September 15, 2014
George Brooks
The White House meeting is expected to touch on key lender issues, including credit overlays, government enforcement actions, regulatory burden and risk-based versus FHA pricing.
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