The Consumer Financial Protection Bureau is preparing to comply with a mandate from the Dodd-Frank Act and collect more data under the Home Mortgage Disclosure Act. Among the additional HMDA data requirements under consideration are whether a mortgage meets qualified-mortgage standards, debt-to-income ratios, the length of introductory interest rates and more underwriting and pricing information. “Improving the kinds of information collected would make it easier to identify new consumer ... [Includes four briefs]
For an industry that’s looking at a 30 percent decline in originations, we’re seeing a great deal of SEC 13-d filings by investment funds that are upping their stakes in such players as MGIC, Radian, Ocwen, Walter, EverBank and the like.
The nonprofit Wall Street advocacy group Better Markets filed a lawsuit against the Justice Department this week challenging DOJ’s authority to “unilaterally enter into the unprecedented and historic” $13 billion deal with JPMorgan Chase last fall. In November, DOJ announced the largest legal settlement on record with JPMorgan, which acknowledged making misrepresentations about billions of dollars in MBS sold to investors prior to Jan. 1, 2009. The settlement does not release bank employees from civil charges, nor does it release JPMorgan or any other individuals from criminal prosecution. However, in its complaint filed in the U.S. District Court for the District of Columbia, Better Markets claimed...
Rising interest rates may help boost the fortunes of real estate investment trusts that focus on investing in residential MBS by increasing the value of their portfolios. Mortgage REITs had a rough year in 2013, as their stock prices declined an average 10 percent while the Standard & Poor’s Index rose 29 percent. It was thought that “tapering” by the Federal Reserve would cause rates to rise – which they did for a short while – but now the reverse has happened, thanks in large part to recent weak employment numbers. Late this week, the yield on the 10-year Treasury was...
Federal Reserve Chair Janet Yellen stuck close to the script of her predecessor on the subject of the Fed’s “quantitative easing” exit strategy during her first Humphrey-Hawkins appearance before Congress this week, reaffirming that the central bank’s pull-back from its asset-purchase program is likely to continue, barring a dramatic surprise. “Let me emphasize that I expect a great deal of continuity in the Fed Open Market Committee’s approach to monetary policy,” Yellen told the House Financial Services Committee on Tuesday. “I served on the committee as we formulated our current policy strategy and I strongly support that strategy, which is designed to fulfill the Federal Reserve’s statutory mandate of maximum employment and price stability.” The new Fed chief reminded...
The lawsuit seeks to recover unspecified damages and penalties from the defendants for using fraudulent mortgage assignments and FHA endorsements to submit tens of thousands of false FHA claims from 2000 through 2010.
Losses incurred for rep-and-warrant claims tied to MBS could total $89 billion eventually. However, banks have already reserved $88 billion, according to some tallies.
A policy shift at the Securities and Exchange Commission requiring admission of guilt in certain cases may encourage wrongdoers in the securities market to litigate rather than settle, resulting in fewer SEC settlements, according to some compliance attorneys. Fear of possible criminal prosecution and the lasting impact of an admission of guilt could compel accused companies and individuals to take their cases to trial rather than negotiate a settlement, warned Philip Stein and Jeremy Sahn, partners in the Miami-based law firm of Bilzin Sumberg. Starting in June 2013, the SEC began requiring...
Mortgage industry attorneys expect to see more Consumer Financial Protection Bureau enforcement actions in the future stemming from compliance deficiencies that were dug up during the supervisory examination process. “One of the things that we saw towards the last quarter of 2013 was a couple of enforcement actions which grew directly out of supervisory exams,” Allyson Baker, a partner in the litigation group at the Venable law firm, said during a webinar this week sponsored by Inside Mortgage Finance. Baker, formerly an enforcement attorney with the CFPB, was referencing...
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