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Home » Topics » News » Inside the CFPB

Inside the CFPB
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Paper: CFPB to Cast a Wider HMDA Dragnet

May 2, 2014
Mortgage industry participants should expect the Consumer Financial Protection Bureau to cast both a wider and deeper dragnet of Home Mortgage Disclosure Act data compared to the Federal Reserve’s oversight of the nearly 40-year-old law, according to CoreLogic. A new CoreLogic report forecasts a more muscular collection of industry information following the Dodd-Frank Act’s transfer of HMDA supervision and enforcement from the Fed to the bureau, including a significant shift in ...
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Should Mortgage Executives Worry About Talking ‘Under Oath’ to the CFPB?

May 1, 2014
Thomas Ressler
Although Garrett declined to comment further on the matter, attorneys that represent lenders before the CFPB were happy to share their opinions on the "under oath" issue.
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KBW: Fannie and Freddie Emerging From Conservatorship ‘Increasingly Plausible’

May 1, 2014
Paul Muolo
Industry officials who have studied the issue contend that the Treasury Department does not have the legal right to give Fannie and Freddie back to their junior and common shareholders. In short, it would take an act of Congress.
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Short Takes: Are Fannie and Freddie Secretly Funding a Pro-GSE Group? / Homeownership, No Longer the ‘American Dream’? / Jumbo Production Flat at EverBank / Ocwen’s Erbey Does the Earnings Spin

May 1, 2014
Brandon Ivey and Paul Muolo
The TV ad we viewed is so glowing in praise that one might think the GSEs themselves produced it.
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Senate Housing Finance Reform Markup Delayed Again as Committee Leadership Seeks More Votes, Prospects Grim

May 1, 2014
The status of housing finance reform legislation has become a topic of open speculation after the leadership of the Senate Banking, Housing and Urban Affairs Committee announced a last-minute postponement of a markup this week following the submission of some 100 amendments and the continued non-commitment of support by some committee Democrats. Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, announced to a packed committee chamber earlier this week that they would delay consideration of S. 1217 in order to “build a larger coalition of support” for their reform measure. “While we have the votes to report the bill out today, members of the committee have asked...
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If FHFA Has Its Way, Its Replacement Would Wield a Lot More Power Over Primary Market Lenders, Servicers

May 1, 2014
Although the Johnson-Crapo housing finance reform bill has little chance of becoming law this year, comments on the legislation submitted to the Treasury Department by the Federal Housing Finance Agency strongly suggest that the current regulator of the government-sponsored enterprises wants its reincarnation to have expanded oversight powers. Industry officials, lobbyists and executives tracking the bill note that if the FHFA has its way, the new Federal Mortgage Insurance Corp. will become a supervisor of nonbanks that originate loans slated for securitization. Currently, the FHFA serves...
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CFPB Announces Limited ‘Right to Cure’ for Loans That Fall Outside the 3 Percent Points and Fees Cap

May 1, 2014
Mortgage lenders scored a victory this week when the Consumer Financial Protection Bureau announced it will grant lenders a “right to cure” home loans that inadvertently exceed the 3 percent points-and-fees cap for qualified mortgages. “The bureau is proposing to allow for a post-consummation cure of points-and-fees overages only where the loan was originated in good faith as a qualified mortgage to ensure that the cure provision is available only to creditors who make inadvertent errors in the origination process and to prevent creditors from exploiting the cure provision by intentionally exceeding the points-and-fees limits,” the agency said. Currently, under the CFPB’s ability-to-repay rule, the points and fees charged to a consumer on a QM loan generally cannot exceed...
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Regulatory Scrutiny of Nonbank Servicers Extends To REO Sales for Ocwen by Affiliated Company

May 1, 2014
The New York Department of Financial Services expanded its investigation of nonbank servicers, raising concerns about sales of real estate owned properties for Ocwen Financial by Altisource Portfolio Solutions, an affiliate of the nonbank servicer. Officials at Altisource downplayed the concerns late last week and said the company plans to continue to grow with Ocwen. In February, NYDFS Superintendent Ben Lawsky put on indefinite hold a planned servicing transfer from Wells Fargo to Ocwen on mostly non-agency mortgages with an unpaid principal balance of $39.2 billion. Lawsky has sent a number of questions to Ocwen as well as Nationstar Mortgage based on concerns that the nonbank servicers were growing too quickly. Officials at Ocwen note...
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Reports Surface of CFPB Examiners Pressing For Participation Under Oath

May 1, 2014
Consumer Financial Protection Bureau examiners have reportedly become suspicious of certain mortgage banking executives’ participation in the exam process and escalated their interaction by pressing them to provide their input under oath. Officials at the consulting firm of Garrett, McAuley & Co. reported a disturbing development at a mortgage company in a Mid-Atlantic state undergoing a CFPB exam. “The examiner-in-charge apparently thought that the owner was lying, and the CFPB now wants to question him under oath,” principal Joe Garrett said in a recent note to clients. “Under oath? Whether or not they can prove...
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Can Common Ground be Found on Mortgage Servicing Transfers?

April 30, 2014
Paul Muolo
Since late last year, the FHFA has required that any Fannie Mae/Freddie Mac MSR sale of $5 billion or more – roughly 5,000 loans – be approved by the agency.
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