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Home » Topics » Inside the CFPB » Regulation

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Servicing Market Continued to Grow in Early 2017, Banks Continued to Back Away From It

June 15, 2017
The agency servicing market grew steadily in the first quarter of 2017, as the business continued to slide toward nonbanks, a new Inside Mortgage Finance analysis reveals. The Federal Reserve late last week reported that total residential mortgage debt outstanding rose 0.7 percent during the first quarter, hitting $10.330 trillion. It marked the eighth consecutive quarterly increase since the sector hit its post-crash low in March 2015 at $9.912 trillion. Most of the growth came from the agency market, although portfolio holdings – including nonbanks – were...[Includes two data tables]
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Treasury Seeks End to CFPB Oversight of Banks, Nonbanks, More Clarity to TRID Rules, Freeze on New Servicing Rules

June 15, 2017
The Department of the Treasury this week issued a report calling for stripping the Consumer Financial Protection Bureau of its supervisory powers over federally insured banks and state-supervised nonbanks, clarifying and modifying the TILA-RESPA integrated disclosure rule, and freezing additional rulemaking in mortgage servicing. The report recommends actions and changes that can be immediately undertaken to reduce regulatory overlap, fragmentation and duplication. While some of the changes could be implemented administratively, many would require congressional action. Treasury called...
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Treasury Seeks to Eliminate GSE Patch, Or Something Like That, Citing Fairness Concerns

June 15, 2017
The Treasury Department this week proposed eliminating the special qualified-mortgage provision that allows Fannie Mae and Freddie Mac to acquire loans with debt-to-income ratios that exceed the normal 43 percent limit for QM loans. The special treatment for the government-sponsored enterprises, known as the GSE patch, “creates an unfair advantage for government-supported mortgages without providing additional consumer protection … and inhibits consumer choices by restricting private sector flexibility and participation,” the agency said in a report on financial service regulatory reform. The report urged...
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Lack of HMDA Transition Rule Will Leave Lenders Vulnerable on HELOC Compliance

June 15, 2017
Mortgage lenders that expect to close on a pending home-equity line-of-credit near the end of this year may run afoul of the new Home Mortgage Disclosure Act rule from the Consumer Financial Protection Bureau if the HELOC doesn’t close on time, compliance experts cautioned this week. That’s because the CFPB created a compliance gap by failing to establish a rule to guide industry conduct during the transition from the current reporting regime to the new one. At least that’s the assessment of some top HMDA professionals during a break-out session at the 2017 American Bankers Association regulatory compliance conference in Orlando this week. The crux of the problem is...
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House of Representatives Passes Financial CHOICE Act, But Chance of Approval in the Senate is Slim, Observers Say

June 15, 2017
The House of Representatives last week passed sweeping legislation that would repeal or modify consumer protection provisions of the Obama-era Dodd-Frank Act, including an overhaul of the Consumer Financial Protection Bureau’s structure and authority as well as changes to the rulemaking process followed by the CFPB and federal banking agencies. The House approved H.R. 10, the Financial Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs (CHOICE) Act, on June 8 by a vote of 233-186, along party lines. The bill was sent to the Senate, where Republicans enjoy a narrow majority and would have to win over some Democrats to get the bill through. Under the Republican bill, the CFPB would be renamed...
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House of Representatives Passes CHOICE Act But Legislation Likely Faces a Dead End in Senate

June 9, 2017
The House of Representatives late this week passed H.R. 10, the Financial CHOICE Act, which would undo a number of changes to the secondary market and to the regulatory landscape that were ushered in by the Dodd-Frank Act. As previously reported, among these are the elimination of the Dodd-Frank risk-retention requirements for ABS other than residential mortgages. Another provision would enable the president to remove the director of the Federal Housing Finance Agency before the end of the director’s appointed term, with or without cause. It also would make...
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Mortgage REITs Positive on Opportunities to Invest in Agency MBS Despite Tightening Spreads, Analysts Say

June 9, 2017
Mortgage real estate investment trusts are expressing optimism about investment opportunities in agency MBS despite tighter spreads on credit assets, according to industry analysts at a recent mortgage finance conference in New York City. Mortgage REITs were positive on investment opportunities and believed that interest rate increases were likely to be moderate in the months ahead, said analysts with Keefe, Bruyette & Woods, which hosted the conference. Industry executives, however, noted...
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Agency MBS Investors Hold Their Noses; Overseas Demand is Robust; Call Risk Rising

June 9, 2017
Product valuations are not the most appealing to agency MBS investors right now – not enough to keep them from buying, perhaps, but enough to dry up whatever enthusiasm they might have, according to a new structured finance report from analysts at Wells Fargo Securities. “The core theme in the financial markets right now seems to be ‘reluctant buying,’” the report said. Most of the spread products at this point are trading at multiyear tights. And the bloom may be off the rose when it comes to the so-called Trump trade. “Some of the optimism around fiscal policy post-election that drove risk-premiums tighter is...
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Fannie/Freddie Shareholder Cases Still Linger In Court, New Case in Michigan Introduced

June 9, 2017
A number of lawsuits involving Fannie Mae and Freddie Mac shareholders remain unresolved and a new one just hit the court system last week. Three shareholders filed a lawsuit in the U.S. District Court for the Western District of Michigan arguing that the court should vacate the third amendment to the preferred stock purchase agreement and declare the structure of the Federal Housing Finance Agency unconstitutional. The plaintiffs also asked...
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Deephaven Provides More Non-QM Detail

June 9, 2017
Deephaven Mortgage LLC soon will issue its second securitization of nonprime mortgages of this year, a $250.1 million deal backed by a variety of loans that fall outside of the legal safe harbor for qualified-mortgage status. Presale reports from S&P Global and Kroll Bond Rating Agency indicate that 45.6 percent of the loans were acquired from Angel Oak Mortgage Solutions, with the rest coming from Deephaven. Shellpoint Mortgage Servicing will service all the loans. The mortgages were originated...
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