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Home » Topics » Inside the CFPB » Regulation

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More of the Same on Interest Rates from the FOMC, Expect Perhaps One Small Raise at Year End, at Best

July 29, 2016
Look for the Federal Reserve to repeat last year’s performance and raise interest rates one quarter of one percent in December, according to some supporters and critics of the U.S. central bank, enabling the Fed to say it did, in fact, lift interest rates this year. During its meeting in Washington, DC, this week, the Fed once again, as expected, opted to hold rates unchanged and did not tip its hand about a future move, although some market participants came away with the impression an increase in September is a little more likely than had been the case after the central bank’s last meeting. The Federal Reserve’s Open Market Committee last raised...
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Time Running Out for July Release of TRID 2.0, Industry Hopes Clarifications Solve Some Problems

July 28, 2016
As of press time, it’s not clear whether the Consumer Financial Protection Bureau will release its proposed rule clarifying certain aspects of its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule – TRID – before the end of July, the agency’s original timeframe. Joe Ventrone, vice president and deputy chief for regulatory affairs at the National Association of Realtors, said his organization is now looking at an August release and does not anticipate major changes. “However, the CFPB will put in writing all previous informal guidance [it has] given heretofore,” he said. “I think all the guidance will be important if it gives lenders and vendors comfort against enforcement reprisals.” NAR is...
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Government Offers Peek at What Future Post-Crisis Foreclosure Prevention Programs Should Look Like

July 28, 2016
As federal programs to help underwater borrowers are phased out, government agencies want the mortgage industry to pick up where it left off to help troubled homeowners avoid foreclosure. They suggested that future programs be accessible, affordable, sustainable, transparent and have sufficient accountability. The Federal Housing Finance Agency, Department of Treasury, and the Department of Housing and Urban Development released a report this week that discussed what future loss mitigation programs should look like and lessons learned. The Home Affordable Modification Program and related federal initiatives will sunset at the end of 2016. “With the formal end of the crisis-era programs, the mortgage servicing industry will shoulder...
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Briefly Around Capitol Hill

July 25, 2016
GOP Legislation Would Exempt Small Nonbank Lenders from CFPB Examination, Enforcement. Rep. Roger Williams, R-TX, recently introduced H.R. 5907, the Community Mortgage Lenders Regulatory Act of 2016, which would exempt qualifying smaller, “responsible” nonbank lenders from CFPB examinations and primary enforcement authority. To qualify, a nonbank mortgage lender must have net worth of less than $50 million; have originated fewer than 25,000 loans or $5 billion in loans the preceding year; and have originated at least 95 percent of their mortgage loans as qualified mortgages the last three years. As currently applies to most banks, a qualifying “responsible community lender” would not be subject...
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ABS Market Was Sluggish in 2Q16, But Issuance Surged In Early July, Building to Strong Third-Quarter Tally

July 22, 2016
New issuance of non-mortgage ABS faltered in the second quarter of 2016, but the market has rebounded strongly in recent weeks, according to a new Inside MBS & ABS analysis. New ABS issuance totaled $43.07 billion in the second quarter, a modest decline from the first three months of 2016. That put year-to-date production at just $86.42 billion, off 18.0 percent from the first six months of 2015. Activity picked up...[Includes two data tables]
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With CFPB Mortgage Servicing Amendments Expected Shortly, Industry Braces for Compliance

July 21, 2016
The Consumer Financial Protection Bureau any day now could release its long-awaited regulation finalizing its proposed amendments to its 2013 mortgage servicing rules, posing yet another compliance challenge and requiring one more round of systems upgrades from the industry as a result. According to a consensus of industry experts, the two biggest subject areas have to do with bankruptcy proceedings and successors in interest. “On the eve of the servicing rules taking effect, the bureau made...
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Secondary Market for TRID Scratch & Dent Loans Begins to Mature; Offerings Steady but Sales Slow

July 15, 2016
The secondary market for mortgages with TRID mortgage-disclosure errors has stayed fairly constant the past few months, but there are new signs the business is getting a bit long in the tooth. According to interviews with investors and brokerage firms involved in the scratch-and-dent market, the auction of mortgages with disclosure problems (of all varying degrees) continues, but fewer sales are closing. Mid America Mortgage, Addison, TX, one of the most active buyers in the space, said...
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MBS Trading Declined in June as Rates Tumbled. Is the ‘Mother of All’ Bond Market Corrections Around the Corner?

July 15, 2016
The average daily trading volume in agency MBS totaled $212.6 billion in June, a slight decline from the month prior, according to the Securities Industry and Financial Markets Association. Still, that’s a far cry better than the low established back in December of 2015 when the reading came in at $149.2 billion. June’s performance came...
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Jumbo Issuance Will Continue to be Minimal as Banks Seek More Economical Solutions, Despite Positive Housing Outlook

July 15, 2016
The outlook for mortgage and housing activity in 2016 is expected to stay positive, but prime jumbo issuance won’t necessarily benefit from those fundamentals, according to S&P Global Ratings. Overall, the positive housing market is not translating into an increase in issuance or securitization. In fact, S&P analysts on a webinar this week said that non-agency securitization has been relatively flat over the past few years. Prime jumbo issuance continues to experience a dry spell that will most likely continue into the second half of 2016, they said. “If you look at the loans being originated, they are being held...
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Sharp Divisions as House Considers Bill that Would Repeal DFA Provisions, Provide QM Status to Portfolio Loans

July 14, 2016
The debate on what caused the financial crisis and how the federal government should respond continued this week in the House Financial Services Committee. At a hearing on the Financial CHOICE Act sponsored by Rep. Jeb Hensarling, R-TX, Republicans and banking-industry participants largely supported the bill while Democrats and a consumer advocate offered dire warnings. The Financial CHOICE Act would allow banking institutions to opt in to a regulatory system that puts an emphasis on capital. Under the bill, firms with an average leverage ratio of at least 10 percent would be functionally exempt from provisions in the Dodd-Frank Act, Basel III capital and liquidity standards and other regulations. “Freeing well-capitalized, well-managed financial firms from the chokehold of an overly intrusive, heavily politicized regulatory regime will help create...
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