The CFPB took two separate actions against Citibank last week for alleged illegal debt sales and debt collection practices. In its first action, the CFPB ordered Citibank to cough up nearly $5 million in consumer relief and pay a $3 million penalty for allegedly selling credit card debt with inflated interest rates and for failing to forward consumer payments promptly to debt buyers. The second action was taken against both Citibank and two debt collection law firms it used that allegedly falsified court documents filed in debt collection cases in New Jersey state courts. The CFPB ordered Citibank and the law firms to comply with a court order that Citibank refund $11 million to consumers and forgo collecting about $34 million ...

Mortgage industry groups continue to rail against the disruptions they insist are being caused by the Consumer Financial Protection Bureau’s integrated disclosure rule known as TRID. Respondents to a February survey by the American Bankers Association indicated that TRID compliance is still a relevant problem, continues to impose a heavy compliance burden, and causes customer dissatisfaction through delayed closings and increased fees and costs, the trade group ...

A working group led by potential investors in new non-agency MBS detailed principles for the role of a deal agent this week, signifying some progress in reform efforts. However, a revival of the non-agency MBS market looks a ways off as other industry participants consider how a deal agent will actually function. “We are now at a transition point for non-agency MBS reform efforts, where some market participants can start moving from a principles-level discussion to contractual negotiations,” Monique Rollins, deputy assistant secretary at the Treasury Department, said at the ABS Vegas conference produced by Information Management Network and the Structured Finance Industry Group. The Treasury helped facilitate...

The great irony of the mortgage market can be found in the MBS holdings of depositories: Even though banks are ceding origination market share to nondepositories, they continue to gobble up bonds backed by home mortgages. As Inside MBS & ABS noted last month, bank holdings of residential MBS hit a record $1.643 trillion at yearend 2015, a 2.2 percent sequential gain. Of course, a large chunk of that gain can be explained by Bank of America increasing its MBS holdings by a hefty $36.7 billion during the fourth quarter. The big question for banks – as well as real estate investment trusts – is...

The Consumer Financial Protection Bureau plans to host a call-in with a handful of trade groups shortly regarding delays and secondary market snafus caused by its integrated disclosure rule, but whether any true regulatory relief will be offered remains to be seen. In the meantime, industry officials continue to complain about delays in loan closings caused by the so-called TRID rule and the losses incurred by some nonbanks because loans are sitting on warehouse lines longer, especially non-agency jumbo loans. Late this week, Dave Stevens, president and CEO of the Mortgage Bankers Association, told...

The list of reasons to reform Fannie Mae and Freddie Mac is growing and taxpayer risk is increasing the longer the current housing finance system lingers in uncertainty, according to speakers at a Capitol Hill briefing on government-sponsored enterprise reform sponsored by the Mortgage Bankers Association. Fowler Williams, president and CEO of Crescent Mortgage, said that without the secondary mortgage market outlet, smaller institutions like his would not be able to make 30-year fixed-rate mortgages available in rural and small towns. Ethan Handelman, vice president for policy and advocacy at the National Housing Conference, said...

Following up on limited guidance the Consumer Financial Protection Bureau issued in January on the disclosure of construction-to-permanent loans under the TRID integrated disclosure rule, CFPB officials this week participated in a webinar and provided some specific answers to a number of detailed questions they have received from the industry on the topic. A number of industry participants inquired, first of all, as to the kinds of options available to a lender for disclosing construction loans. Lenders have several possible ways to disclose construction loans under the integrated disclosure rule, according to Nick Hluchyj, senior counsel in the bureau’s office of regulations. “Regulation Z and Appendix D have...

It’s no secret that the secondary market for TRID “scratch-and-dent” loans has blossomed the past few weeks – albeit at niche levels – but dealmakers are now trying to figure out how much longer it can last and whether more buyers will step up. To date, Mid America Mortgage Corp., Addison, TX, appears to be the predominant purchaser of the product, which is being offered by at least three firms: Mortgage Delivery Specialists, Rincon Loan Trading and Spurs Capital. Jeffrey Bode, president, CEO and owner of Mid America, told...

Disclosure requirements for publicly-registered ABS have prompted fewer investor-friendly changes than might have been expected, according to analysts at Moody’s Investors Service. The Securities and Exchange Commission adopted the so-called Regulation AB2 disclosure rule in August 2014 and a number of issuers have filed Form SF-3 registration statements in compliance with the rule. “Very few issuers have provided additional collateral and/or performance information beyond the data they were already disclosing prior to SF-3 registration statement requirements,” Moody’s said of auto ABS issuers. The rating service said...

Ellington Financial is increasing its investments in non-qualified mortgages as officials at the nonbank expect strong profits from the loans. Ellington held $9.2 million in non-QMs at the end of 2015, up from $3.5 million at the end of the third quarter. The nonbank started financing purchases of non-QMs under a facility with an unidentified “large investment bank” in January. “While it took a little longer than I had hoped to get here, the non-QM pipeline will have a meaningful ...