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Home » Topics » Inside the CFPB » Regulation

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SFIG, Treasury Continue Non-Agency MBS Efforts

November 25, 2015
The Structured Finance Industry Group and the Treasury Department continue to work on complementary initiatives to revive the non-agency mortgage-backed security market. SFIG’s upcoming plans include a push for transparency among issuers, while the Treasury has shifted its focus somewhat away from a benchmark non-agency MBS transaction. Eric Kaplan, a managing director at Shellpoint Partners and one of the leaders of SFIG’s RMBS 3.0 effort, said SFIG is ...
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FHA Enjoys a Robust Year as MIP Cut Boosts New Loan Originations

November 25, 2015
The first nine months of 2015 have seen a tremendous increase in FHA single-family originations as borrowers took advantage of a 50 basis-point premium reduction implemented earlier this year, according to Inside FHA/VA Lending’s analysis of agency data. Total FHA loan production during the first nine months of 2015 was up a whopping 81.3 percent increase. Data also showed a 13.1 percent increase in the third quarter from the prior quarter. It is hard to imagine that back in February this year, we reported a dismal ending for 2014, where overlays and high-loan costs caused an 8.1 percent decline in FHA endorsements in the fourth quarter and a 36.6 percent drop from 2013. In 2015, FHA fixed-rate originations increased 12.7 percent from the second to the third quarter, and rose 86.0 percent on a year-to-date basis. In 2014, conversion ... [ 2 charts ].
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Strong Divide on Portfolio QM Bill

November 25, 2015
President Obama last week threatened to veto legislation progressing in Congress to provide qualified-mortgage status to loans held in portfolio by depository institutions. Industry analysts suggest that the bill still has a chance at being signed into law, if adjustments are made. The House approved H.R. 1210, the Portfolio Lending and Mortgage Access Act, on a 255-174 vote last week. Similar legislation is under consideration in the Senate. The bill in the House would ...
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Actuarial Report Positive on MMIF; Pricing Adjustment More Likely?

November 25, 2015
Despite FHA’s denial of further mortgage insurance premium reductions any time soon, stakeholders are holding out hope for another cut in the near future. Those supporting the idea of another pricing adjustment say it could open the door wider for more borrowers to use the FHA single-family program and generate the volume needed to offset any potential revenue loss that may result from the reduction. But Housing and Urban Development Secretary Julian Castro and his top officials have denied any plans of reducing MIPs. Castro has called such talk “premature,” despite a positive FY 2015 actuarial evaluation of the FHA’s Mutual Mortgage Insurance Fund, which some claim could be used to justify another premium reduction. Principal Deputy Assistant Secretary for Housing and Interim FHA Chief Ed Golding, in a press briefing, said the focus is elsewhere and not on ...
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Correction Delay Causes HUD IG to Fail FY 2015, Restated Financials

November 25, 2015
It may take Ginnie Mae a bit longer than expected to make all the accounting corrections necessary before the Department of Housing and Urban Development’s inspector general to render a clean opinion on the guarantor’s fiscal 2015 financial statement and its restated financials for FY 2014. In fact, Ginnie might have to make some significant long-term investments to address the IG’s accounting concerns, said Thomas Weakland, acting chief financial officer at Ginnie Mae. The agency may have to spend on new technology and infrastructure, and beef up its staff “spanning multiple years” to remediate all of the IG’s concerns, said Weakland. However, Weakland did not state a timeline for making all the necessary corrections and adjustments. Until the IG is fully satisfied with the restatement, it will continue to withhold an audit opinion. “We recognized some of the efforts made and the constraints that ...
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Implementation of TRID Requirements Doesn’t Appear To Have Had a Significant Impact on Closing Times

November 19, 2015
The Consumer Financial Protection Bureau’s new integrated disclosure rule didn’t cause a sig-nificant spike in delayed home sales in October, according to the latest Campbell/Inside MortgageFinance HousingPulse Tracking Survey. The Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule took effect near the beginning of October. Many industry participants predicted that the new rule would disrupt mortgage closings ...
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CFPB Fleshes Out its Arguments Against PHH in Brief to Court

November 16, 2015
With the mortgage lending industry’s use of marketing services agreements under the Real Estate Settlement Procedures Act likely hanging in the balance, the CFPB detailed its anti-kickback legal arguments against PHH Corp. and its mortgage units in its “reply” brief with the U.S. Court of Appeals for the District of Columbia, filed earlier this month. In PHH Corp., et al., v. CFPB, the first main argument the bureau made is that PHH violated RESPA Section 8(a) because it entered into agreements with mortgage insurers so that whenever an insurer received a referral from PHH, the insurer paid PHH a kickback in the form of premiums for mortgage reinsurance. “PHH thus committed a separate violation every time it accepted a kickback ...
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OCC to Begin Examining for TRID Compliance Shortly

November 16, 2015
The Office of the Comptroller of the Currency informed lenders recently it will soon start examining banks for their compliance with the Truth in Lending Act and Real Estate Settlement Procedures Act Integrated Disclosure rule, and issued some updated guidance to help institutions get ready. In OCC Bulletin 2015-42, the agency said during initial examinations for compliance with the rule, OCC examiners will be evaluating a bank’s compliance management system and overall efforts to come into compliance, “recognizing the scope and scale of changes necessary for each bank to achieve effective compliance.”Further, the OCC said, “Examiners expect banks to make good faith efforts to comply with the rule’s requirements in a timely manner. Specifically, examiners are considering the bank’s ...
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CFPB Sees More Problems With Originations, Servicing Improves

November 16, 2015
The CFPB continues to see a host of noncompliance issues with mortgage lenders – but some notable improvement on the servicing side of the industry too. According to the CFPB’s latest supervisory highlights report, the bureau cited a range of problems lenders are having originating mortgages. For instance, regulators saw evidence of failing to fully comply with the requirement that charges at settlement not exceed amounts on the good faith estimate by more than specified tolerances. Some lenders also are failing to fully comply with requirements for completion of HUD-1 settlement statements, to provide homeownership counseling disclosures, or to provide accurate loan servicing disclosure statements. Other lenders are not complying with consumer financial information privacy requirements, the report indicated. In other ...
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Bureau Again Rejects Auto Dealer Industry FOIA Request for Docs

November 16, 2015
For the second time in four months, the CFPB has rejected a Freedom of Information Act request from the auto dealer industry to make public a number of leaked agency documents that are said to undermine the bureau’s assertions that it is not trying to regulate auto dealers. The CFPB’s latest rejection came in response to a FOIA request filed last month by the National Automobile Dealers Association, asking the CFPB to release internal documents leaked to the news media apparently acknowledging that the agency intended to regulate the auto finance market through enforcement action. Further, the documents are said to have revealed that the bureau eschewed evidence that its methods for estimating disparate impact in the auto finance sector ...
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