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Home » Topics » Inside the CFPB » Regulation

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Fitch Ranked Tops in Rating Non-Mortgage ABS and Non-Agency MBS During First 9 Months of 2016

December 16, 2016
Fitch Ratings edged out Standard & Poor’s as the most active rating services in the non-mortgage ABS market during the first nine months of 2016, a new Inside MBS & ABS analysis and ranking reveals. Fitch also was the top rating service in the more subdued non-agency MBS market. The company rated some $10.80 billion of non-agency MBS, or 64.8 percent of the total market, which includes a substantial volume of unrated private deals. DBRS (37.2 percent market share) and Moody’s Investors Service (34.5 percent) were...[Includes two data tables]
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As Rates Continue to Rise, mREITs Face Declines In MBS Book Value, But Slower Prepayment Speeds

December 16, 2016
Real estate investment trusts that invest in agency MBS could be in for some turbulence on their book values in the coming quarters if rates continue to rise – as they have since the November election. As Inside MBS & ABS went to press, most analysts had come to the same conclusion: that publicly traded mortgage REITs have underperformed most financial stocks, including nonbank lender-servicers such as Ocwen Financial, PHH Corp. and Walter Investment Management Corp. Then again, investing in so-called mREITs has never been...
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FOMC Finally Raises Interest Rates, Projects More in 2017. Higher Rates May be Here to Stay, Analysts Say

December 16, 2016
This week, for only the first time this year and only the second time in the last decade, the Federal Reserve raised interest rates by 25 basis points, a move widely expected by market participants. What captured more attention was an upward adjustment of the Federal Open Market Committee’s so-called “dot plot,” suggesting that the U.S. central bank anticipates possibly raising rates three times during each of the next three years. Last year at this time, the FOMC raised...
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CFPB Urged to Issue Guidance, Step Up Oversight As Lenders Increase Use of Private-Label Servicing

December 15, 2016
The growing popularity of private-label servicing and the way it’s offered to lenders are raising regulatory questions, underscoring the need for guidance and supervision, according to legal experts. With the most comprehensive offerings of private-label servicing, the borrower never knows the subservicer exists, and that’s the point of the arrangement, according to Craig Nazzaro, of counsel at the Atlanta-based law firm Baker Donelson. Nazzaro attributes...
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Home-Equity Lending Softened Slightly in 3Q16 As Refinancing Surged; HEL Outstanding Fell

December 15, 2016
Home-equity lending cooled off in the third quarter of 2016 as consumers took advantage of low interest rates to refinance rather than draw down more second-mortgage debt. Lenders originated an estimated $50.7 billion of home-equity loans during the third quarter, including home-equity lines of credit and closed-end second mortgages. Although that was down 5.2 percent from the second quarter, it still marked the second highest three-month volume since the housing market collapse in 2008. And depository institutions, the dominant lenders in the HEL market, reported...[Includes three data tables]
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Servicing Market Grew Again in 3Q16 as Nonbanks Took Bigger Share of Burgeoning MSR Sector

December 15, 2016
The Federal Reserve late last week reported a modest 0.6 percent increase in the volume of single-family mortgages outstanding during the third quarter of 2016, the fifth straight quarterly gain in a market finally recovering from the housing meltdown. Still, at $10.123 trillion, the supply of mortgage debt outstanding was $1.118 trillion below the level it reached at the end of 2007. Most of the growth in the third quarter came...[Includes two data tables]
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Low Appraisals Result in More Than 10 Percent Of Purchase-Mortgage Applications Being Denied

December 15, 2016
Appraisal-related issues cause more than one out of every 10 purchase-mortgage applications to be denied, according to CoreLogic. Below-contract appraisals comprised 11.3 percent of the first-lien purchase-loan appraisals ordered through the CoreLogic/FNC Collateral Management System, according to Yanling Mayer, director of research in CoreLogic’s office of chief economist. The CMS is a workflow and compliance platform used by many lenders, servicers and appraisal management companies. Mayer noted...
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PHH, Solicitor General to Respond to CFPB Appeals Court Directive

December 12, 2016
PHH Corp. has until Dec. 22, 2016, to respond to an order by the District of Columbia Circuit Court of Appeals related to its battle with the CFPB over alleged violations of the Real Estate Settlement Procedures Act. The appeals court had directed the lender to reply to the bureau’s petition for an en banc rehearing of the recent ruling by a three-judge panel of the court. Back in October, the panel determined that two aspects of the CFPB’s structure – the dismissal of the director of the agency only for cause and the single directorship as opposed to a multi-member bipartisan commission – were unconstitutional. Additionally, the judges found in favor of the company’s arguments, among others, around the correct interpretations ...
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Democrat Lawmakers, Advocates File Briefs in Support of CFPB

December 12, 2016
Current and former Democrat members of Congress recently submitted a joint brief to the D.C. Circuit Court of Appeals in support of an en banc rehearing in the PHH Corp. v. CFPB case, including Dodd-Frank drafters and supporters, such as one of the bill’s namesakes, former Rep. Barney Frank, along with Sen. Elizabeth Warren, both from Massachusetts. The lawmakers argued that this case presents “a question of exceptional importance” and requires an en banc rehearing because the three-judge panel’s decision restructures the CFPB in a way that conflicts with Congress’s legislative plan. “By severing the for-cause removal provision, the panel decision fundamentally altered the CFPB’s structure in a way that is at odds with Congress’s design and will undermine the ...
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CFPB Issues New Exam Procedures for Reverse Mortgage Servicing

December 12, 2016
The CFPB recently ditched the antiquated method for assessing compliance with reverse mortgage servicing rules in favor of new examination procedures. Depending on the scope, each reverse mortgage servicing exam will include one or more of eight modules. Subject areas represented by separate modules include servicing transfers, loan ownership transfers and escrow disclosures; account maintenance, payments and disclosures; consumer inquiries, complaints and error resolution procedures; and maintenance of escrow accounts or set-asides and insurance products. Other module segments address information sharing and privacy; events of default and death of borrower; foreclosures; and examiner conclusions and wrap-up. The revised guidance reminds CFPB personnel of their examination objectives, one of which is to identify acts or practices that materially increase the risk ...
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