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Inside the CFPB
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SEC Considering Scaling Back Disclosure Requirements Under Reg AB2, Wall Street Seeks Other Changes

February 28, 2014
The Securities and Exchange Commission was set to vote on a final rule earlier this month that would set new disclosure requirements for non-agency MBS, but the agency is still considering how the final rule should be applied as industry participants clamor for further changes. The SEC this week re-opened the comment period regarding the pending requirements for disclosures on MBS and ABS, the so-called Reg. AB2 rule. The rule was first proposed in 2010 and re-proposed in 2011. The comment period on the second proposal closed...
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SEC Commissioner Urges Regulator to Take Action on Rating Services, Following Up on Franken Amendment

February 28, 2014
Kara Stein, a commissioner at the Securities and Exchange Commission, said the SEC needs to take action regarding the rating services. It was one of many recent MBS-related calls for action directed at the SEC, from the agency's leadership, Congress and industry analysts. "We need to finally and firmly address the conflicts of interest in asset-backed securitizations and the provision of credit ratings," Stein said in a speech late last week. She noted...
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Morgan Stanley, SEC Reach Tentative Settlement; AIG Delay Rejected; Syncora and JPMorgan Settle

February 28, 2014
Morgan Stanley has agreed tentatively to pay $275 million to the Securities and Exchange Commission to resolve an investigation into certain subprime MBS which the company sponsored and underwrote in 2007. The SEC has yet to sign off on Morgan Stanley's settlement proposal, which includes being charged for violation of federal securities laws and payment of disgorgement and penalties totaling $275 million without admitting to or acknowledging any wrongdoing. In an annual SEC filing, the New York-based bank said...
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Fannie and Freddie Slashed Their CMBS Holdings by 51 Percent in 2013

February 28, 2014
John Bancroft
The Federal Housing Finance Agency ordered the two GSEs to sell at least 5 percent of their “less-liquid” mortgage assets, meaning whole loans and non-agency securities. CMBS are arguably the most liquid of these.
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Warehouse Funding a Key Issue for Brokers Trying to be ‘Mini-Correspondents’

February 28, 2014
Brandon Ivey
Some mortgage brokers see the switch to a mini-correspondent as their only way to stay in business due to provisions in rules from the Consumer Financial Protection Bureau.
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Many Mortgage Originators Were Not Ready for the CFPB’s ATR Rule

February 28, 2014
Thomas Ressler
The ATR survey was sent to 53 mortgage-originating entities, mostly mortgage bankers with some independent mortgage brokers and other originators. No credit unions or savings and loans responded.
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Nonbanks Start to ‘Lawyer Up’ Thanks to the Ocwen Mess

February 28, 2014
Paul Muolo
In an earnings call this week, company founder and Executive Chairman Bill Erbey offered no further insight as to when the sale will be approved.
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What We’re Hearing: Bill Erbey Does Not Scare Easily / What Does Wells Think of the Ocwen Mess? / At Least Freddie Loves Ocwen / Green Tree May Be Next / More Mortgage Layoffs on the Horizon / Time to Regulate the CFPB?

February 28, 2014
Paul Muolo
What does the seller of the MSRs think about what's going on with the DFS? A spokesman for the nation's largest lender and servicer told IMFnews: "Wells Fargo has not been a party to any discussions with the New York Department of Financial Services regarding Ocwen."
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Scrutiny of Nonbank Servicers Increases

February 28, 2014
Nonbank servicers are receiving increased attention from state regulators, the Consumer Financial Protection Bureau and members of Congress. Ocwen Financial is at the center of the storm as its planned acquisition of mortgage servicing rights from Wells Fargo on loans with an unpaid principal balance of $39.2 billion is on "indefinite hold" due to a request from New York's Department of Financial Services. Ben Lawsky, superintendent of the NYDFS, has focused on ...
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Nonbank Servicers Note Alignment with Regulators

February 28, 2014
Officials at Nationstar Mortgage, Ocwen Financial and Walter Investment Management all stressed this week that their servicing efforts align with what regulators want as well as with the interests of investors in non-agency mortgage-backed securities. The servicers also suggest that while new scrutiny on their practices could extend the amount of time it takes to complete servicing transfers, there is still plenty of business to be done. William Erbey, Ocwen's chairman, said he agreed with ...
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