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Home » Topics » News » Inside the CFPB

Inside the CFPB
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CFPB Loses Another Top Executive to Wells Fargo, QM Expert Lisa Applegate

March 18, 2014
Paul Muolo
It would appear that Wells Fargo is raiding the senior staff of the Consumer Financial Protection Bureau. Of course, it could be a mere coincidence.
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Short Takes: 1,300 Brokers Out in the Cold / What a Wonderful Job the Megabanks are Doing on Loss Mit / Shaun and Tom’s View on Loss Mit / DocMagic Gets the Nod for FHA eMortgage / Hell Hath No Fury Like an Ocwen Shareholder Scorned / Redwood's New MBS De

March 18, 2014
Brandon Ivey and Paul Muolo
Translation into English: If you bought Ocwen’s stock at $60 and it’s now trading at $40 and you’re really steamed, give us a call.
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Johnson-Crapo Could Mean More Regulations for Residential Servicers

March 17, 2014
Paul Muolo
Servicers would face annual government certifications and biennial examinations by the new regulator/insurance fund. Minimum operational and management standards would be created for internal controls, recordkeeping, audit systems, and reporting, to name just a few.
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Lenders Contributing to Jumbo MBS Will Receive Greater Scrutiny from Fitch Due to ATR Rule

March 17, 2014
Brandon Ivey
For lenders that contribute at least 15 percent of the loans included in an issuance, Fitch said it will conduct an enhanced operational review of the lender’s origination program and underwriting guidelines.
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Short Takes: Senior Preferred Shareholders Clean Up Under Johnson-Crapo / Well at Least, Affordable Housing Would Get a Boost / But Dems Still Love Fannie and Freddie / Wells Fargo’s Foreclosure Handbook Draws Scrutiny / Yes, the Wells-Ocwen MSR Deal is S

March 17, 2014
Paul Muolo and Charles Wisniowski
How does the Johnson-Crapo bill favor senior preferred shareholders? The language notes that when assets in Fannie and Freddie are eventually sold, the idea is to “maximize the return for the senior preferred share-holders of the enterprises”…
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House Panel OKs Bill to Amend CFPB Process for Defining ‘Rural’

March 17, 2014
The House Financial Services Committee late last week passed bipartisan legislation that would provide an alternate way of defining “rural” for purposes of the CFPB’s qualified mortgage standard so a bank could make its case to the bureau as to why a jurisdiction should be fit into that category. H.R. 2672 would direct the CFPB to establish an application process under which a person who lives or does business in a state may apply to have an area designated as a rural area for the purpose of exempting certain loans from the CFPB’s ability-to-repay rule if that area has not already been designated as such by the bureau.
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Hensarling Threatens CFPB With Subpoena Over Auto Finance

March 17, 2014
Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, recently threatened to subpoena the CFPB to supply information on the bureau’s indirect auto lending guidance and the methodology it uses in determining whether fair lending violations exist in that space. “By refusing to disclose this information, the bureau has deliberately deprived indirect auto lenders of any meaningful way to tailor their company’s lending practices and compliance systems so as to mitigate or eliminate the fair lending risk the bureau asserts to be present,” Hensarling said in a recent letter to CFPB Director Richard Cordray.
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‘Disparate Impact’ Comes Back to Haunt CFPB Staff Evaluations

March 17, 2014
Lender representatives privately enjoyed a bit of disparate impact schadenfreude last week when accounts surfaced in the news media that the CFPB’s own internal employee evaluations demonstrated sharp racial disparities. Citing confidential agency data it obtained, American Banker reported that the bureau’s own managers have shown distinctly different patterns in how they rate employees of different races, with white employees ranking distinctly better than minorities in performance reviews used to grant raises and bonuses. Overall, whites were twice as likely to receive the agency’s top grade last year than were African-American or Hispanic employees, the newspaper said.
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CFPB’s Antonakes Takes Another Swipe at Mortgage Servicers

March 17, 2014
CFPB Deputy Director Steve Antonakes isn’t toning down his antagonistic stance towards mortgage servicers. Speaking at the National Community Reinvestment Coalition Annual Conference in Washington, DC, last week, Antonakes rattled the bureau’s sabre at the market sector again, saying, “We expect servicers to pay exceptionally close attention to servicing transfers and they should understand that we will as well. “Servicing transfers where the new servicers are not honoring existing permanent or trial loan modifications will not be tolerated,” he added. “Struggling borrowers being told to pay incorrect higher amounts because of the failure to honor an in-process loan modification – and then being punished with foreclosure for their inability to pay the incorrect amounts – will not be tolerated.”
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Bureau Delivers CID to World Acceptance Corp.

March 17, 2014
World Acceptance Corp., one of the largest small-loan lenders in the U.S., received a civil investigative demand from the CFPB last week, the company disclosed in a filing with the Securities and Exchange Commission. The CID states, in part, that “[t]he purpose of this investigation is to determine whether finance companies or other unnamed persons have been or are engaging in unlawful acts or practices in connection with the marketing, offering or extension of credit ….” The probe is also being undertaken “to determine whether bureau action to obtain legal or equitable relief would be in the public interest,” the filing said.
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