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Home » Topics » Inside the CFPB » Regulation

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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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CFPB Assessing Effectiveness of ATR Rule

June 9, 2017
The Consumer Financial Protection Bureau is accepting comments as part of its assessment of the ability-to-repay rule. The ATR rule took effect in early 2014, setting standards for how lenders should evaluate potential borrowers. The rule also established protections for loans that meet criteria to be deemed a qualified mortgage. One of the more controversial provisions the CFPB included when setting QM standards was...
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Many Sources to Find Non-QM Borrowers

June 9, 2017
Lenders planning to originate non-qualified mortgages have many sources to find potential borrowers, according to officials at Angel Oak Mortgage Solutions. AOMS focuses its business on non-QM originations via the correspondent and wholesale channels. Tom Hutchens, a senior vice president of sales and marketing at Angel Oak, has detailed the ways loan officers can find non-QM borrowers in a series of webinars. He suggests...
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HECM Lenders Seek Clarification of Certain Proposed HMDA Changes

June 9, 2017
An industry trade group is requesting that the Consumer Financial Protection Bureau exclude reverse mortgages from the income-reporting requirement of the Home Mortgage Disclosure Act.The National Reverse Mortgage Lenders Association is seeking an exemption similar to the HMDA exemptions for rate spread; Home Ownership and Equity Protection Act status; origination charges; discount points; lender credits; total loan costs; points and fees; prepayment penalty term; and balloon payments. However, should the CFPB require income reporting on reverse mortgages, the NRMLA would want further guidance and clarification. Home Equity Conversion Mortgage loans make up over 99 percent of the reverse mortgage market today, and have not dropped below 85 percent since 1993, according to the group. NRMLA’s request is part of a broader comment on ...
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Banking Regulators Suggest Temporary Practice Permits to Alleviate Sluggish Appraisal Process

June 8, 2017
Four financial regulatory agencies recently recommended that appraisers get temporary practice permits and waivers when moving to another state in order to help alleviate the shortage of appraisers, especially in rural areas. The Federal Reserve System, the Federal Deposit Insurance Corp., the Office of the Comptroller of the Currency and the National Credit Union Administration are concerned that the limited number of state-certified and licensed appraisers is slowing down appraisal turnaround times. They suggest that when an appraiser moves to another state, that the new state regulator recognize the certification or license issued by another state on a temporary basis for federally related transactions. The banking regulators also recommend...
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