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Home » Topics » Inside the CFPB » Regulation

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Credit Box Tightened in 2Q, CFPC Index Shows

November 6, 2015
Mortgage lenders made it tougher for borrowers to obtain mortgage credit in the second quarter of 2015 compared to the first three months of the year. The mortgage credit availability index overall fell slightly in the second quarter to 5.3, down from 5.5 in the prior quarter, although that level still remains above the low of 4.6 in the third quarter of 2013, according to the Urban Institute’s Housing Finance Policy Center (HFPC). The HFPC uses...
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Servicing Market Evolution Continues: Bigger Role for Nonbanks and Second-Tier Players

November 5, 2015
It remains to be seen whether the mortgage servicing market actually grew in the third quarter of 2015, but it’s clear that distribution within the industry continued to shift. The top 50 mortgage servicers had a combined portfolio of $7.300 trillion, including whole loans in portfolio and mortgage servicing rights, at the end of September, according to a new ranking and analysis by Inside Mortgage Finance. That was down 0.2 percent from total servicing held by the top 50 companies at the end of the second quarter. The final word on mortgage debt outstanding comes...[Includes two data tables]
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Industry Groups Pitch for GSE Re-Capitalization Against Stiff Obama Administration Resistance

November 5, 2015
Freddie Mac’s $475 million net loss in the third quarter of 2015 – its first in four years – underscores the need to rebuild capital reserves at the two government-sponsored enterprises and to plan for their emergence from conservatorship, according to some mortgage groups and housing advocates. In a joint letter, the Community Home Lenders Association and the Community Mortgage Lenders of America, both of which represent small independent mortgage lenders, urged President Obama to support recommended revisions to a sweep agreement that prohibits the GSEs from rebuilding capital and to free them from conservatorship. Freddie’s third-quarter loss was...
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One Month Into TRID: Fear of Disclosing Buyer Info, Slow Payments to Realtors and a Huge ‘Time Suck’

November 5, 2015
A month has passed since the mortgage industry began making new Truth in Lending Act/Real Estate Settlement Procedures Act integrated disclosures (TRID) without any reports of anticipated and widespread delays in loan closings. That’s the good news. The bad news is that some lenders are being overly careful on sharing the buyer-disclosure form, which is used to pay third parties involved in the mortgage process. And that means certain vendors, including Realtors, aren’t getting paid in a timely fashion. According to interviews conducted by Inside Mortgage Finance over the past week, there also appears...
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Conforming Loan Limit Highly Unlikely to Change In 2016, Though Some Markets May See Boost

November 5, 2015
The baseline $417,000 conforming loan limit is almost certain to remain unchanged in 2016, according to an Inside Mortgage Finance analysis of key house-price trends. The Federal Housing Finance Agency recently confirmed that it will use the seasonally-adjusted “expanded data” house-price index as the yardstick for determining whether increases should be made to the $417,000 baseline, which has been in place for Fannie Mae and Freddie Mac business since 2006. As of the second quarter of 2015, the most recent data available, the HPI reading was...
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Legal Experts Detail Way to Compliant MSAs As Lenders Revisit Risk/Reward Trade-Off

November 5, 2015
Marketing services agreements aren’t outlawed – yet. But given that the Consumer Financial Protection Bureau’s recent guidance on such arrangements doesn’t address the features of what an acceptable MSA would look like, it’s particularly challenging to figure out how best to proceed. Perhaps the only real way forward is to try to avoid those aspects of MSAs that the bureau has clearly identified as problematic, top industry compliance attorneys said during a webinar sponsored by Inside Mortgage Finance last week. “The best we can do is...
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GSE Earnings Sink in 3Q15; Guaranty Fee Income Up Slightly Despite Lower Rate on New Business

November 5, 2015
Fannie Mae and Freddie Mac reported a combined $1.485 billion in net income for the third quarter of 2015, a hefty 83.1 percent decline from the previous period. While Fannie reported its 15th consecutive profitable quarter ($1.96 billion in net income), Freddie posted its first loss ($475 million) in four years. Don Layton, Freddie’s CEO, said that earnings volatility “stems from our usage of derivatives to hedge interest rate risks and accounting mismatches associated with the activity. This quarter showed a continuation of that volatility as the accounting mismatch produced a negative $1.5 billion [generally accepted accounting principles] earnings, which was enough to tip us into the comprehensive income loss of about $500 million for the quarter. “Utilizing a derivatives hedging strategy can result...
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Did Cordray Just Threaten Vendors Over TRID?

November 2, 2015
In an apparent confirmation of the fears of some industry representatives, CFPB Director Richard Cordray seemed to blame technology vendors for some of the failures the mortgage industry might have in complying with the bureau’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. “Quite frankly, I have been disturbed by reports I have been hearing about the vendors on whom so many of you rely,” Cordray said in a speech at the Mortgage Bankers Association’s annual convention in San Diego recently. “Some vendors performed poorly in getting their work done in a timely manner, and they unfairly put many of you on the spot with changes at the last minute or even past the due date,” ...
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CFPB Chief Dismisses Lender Anxieties About Closing Delays

November 2, 2015
CFPB Director Richard Cordray pooh-pooh’ed mortgage lender concerns that the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule will hurt their business because of the need to extend closings when revisions prompt another round of disclosures. “Now, just as we heard prophets of doom bemoaning the effects of the [ability-to-repay] qualified mortgage rule before it took effect, so too we are hearing some of the same voices bemoaning the effects that the ‘Know Before You Owe’ mortgage disclosure rule will have,” the director said at the recent Mortgage Bankers Association annual convention in San Diego. “They say that by requiring closing disclosures to be provided three days in advance, the rule will delay and disrupt closings,” ...
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Industry Angst Over TRID Still Running High, Surveys Find

November 2, 2015
Most (86 percent) of U.S. banks and credit union respondents in a recent survey by Wolters Kluwer Financial Services ranked the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule as the top regulatory challenge facing their organizations. When asked about complying with the complex TRID rules, 32 percent of respondents cited “collaborating with stakeholders” as their top issue, while 24 percent identified “last-minute changes that trigger closing delays” as the top anticipated challenges. Another 17 percent cited “information technology preparedness” as the top challenge, while 18 percent were still unsure about the regulation’s greatest impact on their operations. Overall, concerns about regulatory compliance and risk management challenges rose 7 percent compared to WKFS’ survey from ...
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