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Home » Topics » Inside the CFPB » Regulation

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Student Loan ABS Strength Jumps from Last Year’s Level, Especially in the Refi Sector, Analysts Find

March 24, 2017
Last year was a decent enough year for the student loan sector, and so far this year, the space is looking dramatically more robust, according to analysts at the DBRS ratings service. New issuance so far in 2017 is more than twice that from the same period last year, with volume exceeding $4.5 billion, according to Jon Riber, a senior U.S. ABS ratings analyst at DBRS. “There are...
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Home-Equity Market Continued to Fizzle in Late 2016, HEL Debt Sinks to 13-Year Low

March 23, 2017
New originations of home-equity loans were up 8.0 percent in 2016 from the previous year, but the market peaked early and ended with consecutive quarterly declines in production, according to a new Inside Mortgage Finance ranking and analysis. Lenders originated an estimated $197.6 billion of home-equity lines of credit and closed-end second mortgages last year. It was the strongest output since 2008, but it was not enough to offset the years-long erosion of second-mortgage debt. At the end of 2016, the supply of outstanding home-equity loans fell...[Includes three data tables]
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Trump Administration Urges Court in PHH Case To Ditch CFPB ‘Removal Only for Cause’ Provision

March 23, 2017
The Trump administration late last week filed its amicus brief with the U.S. Court of Appeals for the District of Columbia Circuit in PHH Corp. v. Consumer Financial Protection Bureau, and, as expected, sided with the lender this time around, but didn’t go as far as some had hoped it would. In its brief, the Department of Justice argued in support of eliminating the removal-only-for-cause protection that currently applies to the director of the CFPB. However, whereas PHH has argued that the CFPB be eliminated in its entirety, the Trump administration argued in favor of retaining the CFPB, but with a director removable at the will of the president. Currently, the director may be removed...
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Private MI Companies Push for Change to QM Points- And-Fees Calculation, Aligning GSE and FHA Standards

March 23, 2017
Congress should pass legislation setting uniform standards for qualified mortgages, according to the U.S. Mortgage Insurers trade group. USMI raised particular concerns about differences in the points-and-fees calculation for FHA mortgages compared with the standard for mortgages delivered to the government-sponsored enterprises. As required by the Dodd-Frank Act, the Consumer Financial Protection Bureau established standards for QMs. Certain federal regulators, including the Department of Housing and Urban Development, were allowed to implement QM standards that differed from the CFPB standards. USMI noted...
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CFPB Moving Vigorously Ahead with Enforcement Actions, as Prospect Mortgage RESPA Case Reveals

March 23, 2017
With the enforcement of the Real Estate Settlement Procedures Act at stake, and a hostile occupant in the Oval Office, the Consumer Financial Protection Bureau is certainly not being bashful about continuing its regulation-by-enforcement modus operandi. The recent enforcement action against Prospect Mortgage is just the latest example. According to Colgate Selden, a partner in the Washington, DC, office of the law firm of Alston & Bird, the case is important because “it indicates the CFPB is moving full-speed ahead regardless” of the recent court rulings in PHH v. CFPB. This case is...
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Banks Help Pick Up Some of the Slack as Overseas Investors, GSEs Shed MBS Holdings in Late 2016

March 17, 2017
Thanks to strong growth in the agency market, the supply of single-family MBS outstanding continued to grow over the final three months of 2016, a new Inside MBS & ABS analysis reveals. Agency MBS outstanding pushed to a new record, $6.034 trillion, as of the end of last year. The biggest gainer continued to be Ginnie Mae, which reported a 2.2 percent increase in the fourth quarter and a 7.7 percent gain for the year. Freddie Mac matched Ginnie’s fourth-quarter increase, but its year-to-date gain was smaller, 4.2 percent. Fannie Mae had...[Includes two data tables]
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Federal Reserve Chooses to Raise Fed Funds Rate, Defers Talk About Its Huge Agency Portfolio

March 17, 2017
For the third time in as many years, the U.S. Federal Reserve decided to raise the federal funds rate by 25 basis points this week, as widely expected – only this time, the Fed didn’t wait until the very end of the year. The FOMC’s revised projections are for two additional quarter-point rate hikes later this year, three next year and three or four the year after. World stock indexes rallied...
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HUD IG Calls for Changes in GNMA’s Structure, Monitoring to Reduce Risk Posed by Nonbanks

March 17, 2017
Ginnie Mae’s outdated organizational structure and staff levels have made it difficult for the agency to properly monitor and mitigate the risk posed by the increasing number of nonbanks participating in its MBS programs, according to the Department of Housing and Urban Development’s inspector general. In a recent briefing paper, HUD Inspector General David Montoya highlighted challenges Ginnie faces in monitoring nonbanks, adding that HUD is currently being audited by the IG to gauge its capacity to track and supervise nonbanks, said Montoya. Ginnie acknowledged...
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Trump Administration Plan to Tackle Tax Reform Expected to Have an Impact on Housing Reform

March 17, 2017
Tax reform may have a significant impact on Fannie Mae and Freddie Mac, before federal policymakers get around to resolving the long-running conservatorships of the two government-sponsored enterprises. Reducing the corporate tax rate is a big component of the Trump administration’s tax reform plan, but it could force the GSEs to write down the value of their deferred tax assets. “It is...
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Government Must Turn Over Unprivileged Documents Relating to Treasury Sweep

March 17, 2017
In a prominent Fannie Mae and Freddie Mac shareholder case, the government was ordered to go back through thousands of documents related to the Treasury sweep to determine whether they fall under the executive privilege that has been more narrowly defined. In an attempt to make sure the government asserted privilege properly on the 11,000 documents it is withholding, Federal Claims Court Judge Margaret Sweeney asked it to reexamine the large batch and turn over any that don’t merit secrecy by April 17. This order follows...
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