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Home » Topics » Inside the CFPB » Regulation

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Industry, Analysts Anticipate Positive Audit Results for MMIF

October 16, 2015
Some observers say the reduction in the annual mortgage insurance premium earlier this year has put the FHA Single Family Mutual Mortgage Insurance Fund on an accelerated path to recovery. Whether that is enough to get the fund back to its statutory 2 percent capital reserve ratio remains to be seen. The FHA is getting stronger faster, said Brian Chappelle, a mortgage industry consultant, in an analysis foreshadowing the FHA’s November actuarial report on the state of the MMIF. Last year’s independent actuary projected FHA’s total loan production in 2015 at $124 billion, but the MIP cut has led to a 60 percent increase in the volume forecast, said Chappelle. In all likelihood, the FHA could be looking at more than $200 billion in total originations this year, he predicted. “When a business lowers its prices, it’s going to make it up in volume,” the consultant noted. “Thus, FHA revenue is going to be ...
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VA Loan Deficiencies Down in April, Higher Year Over Year

October 16, 2015
The number of VA loans with a deficiency fell in April from March but was up 71.7 percent from the same period a year ago, according to the VA Lender Report Card. The report card includes VA loan reviews and deficiencies by month from April 2014 through April 2015. VA loan originations over the one-year period totaled 563,967, the report showed. Of those loans, 303,149 were purchase loans, 162,447 were streamlined refinances, and 98,371 were cash-out refis. A total of 39,037 loans were reviewed by VA, which comprised about 7.0 percent of total volume. Altogether, 14,793 loans (37.9 percent) had deficiencies. The average deficiency response time was 28.1 days. Of the 1,726 loans the VA examined in April, 613 (35.5 percent) contained deficiencies, down from 1,234 loans (33.7 percent of 3,662 loans reviewed) that were found with flaws in March. The number of deficient loans found in ...
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Servicers Must Report Abandoned, Vacant Homes to VA Right Away

October 16, 2015
A VA mortgage servicer must immediately schedule an inspection and protect a property securing a VA loan if the property has been left vacant or abandoned by its owners. According to new guidelines issued by the VA, loan servicers must conduct an inspection immediately after becoming aware that the property’s physical condition may be in jeopardy. If local codes require more extensive protection than what VA requires, servicers should adhere to local requirements, the agency said. Failure to protect and preserve the collateral may result in a reduced guaranty claim if the servicer’s failure increased the VA’s liability on the loan. Unless the loan is undergoing loss mitigation, a property inspection is also required before the 60th day of delinquency or before starting foreclosure, whichever is earlier, the VA said. In addition, a property inspection will be required at least once a month after ...
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Is loanDepot’s IPO an Aberration? There Doesn’t Seem to be Many Other Candidates on the Horizon

October 15, 2015
loanDepot’s initial public offering of stock – $100 million is the target capital raise – is viewed as a bullish sign for the mortgage industry, especially nonbanks, but don’t expect a long line of imitators, at least not yet. Advisor Joe Garrett, who runs Garrett, McAuley & Co., isn’t quite sure what to make of the recent IPO news, stating bluntly: “I’m sure it will get a lot of ‘wannabes’ hot and bothered.” Garrett noted...
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CFPB Guidance on MSAs Seen as Strong Warning To Reconsider or Reject Such Arrangements

October 15, 2015
The Consumer Financial Protection Bureau’s new guidance on mortgage services agreements has given the industry little confidence about such arrangements and likely helped push another major lender, Bank of America, to shutter its MSA ventures. BofA decided to the pull the plug on all marketing services agreements it has with realty firms, including RE/MAX. The bank told IMFnews, an affiliated daily service, that it will discontinue all “space rental agreement programs due to recent regulatory developments.” Its MSA agreements will end...
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Consumer Mortgage Coalition Calls for Reversal of CFPB’s Decision, Disgorgement Order in RESPA Case

October 15, 2015
The Consumer Financial Protection Bureau’s decision to ignore more than 40 years of established interpretation of the Real Estate Settlement Procedures Act’s anti-kickback provision would deprive consumers of the benefits of risk retention and do them further harm, warned an industry trade group in an amicus brief. The brief in support of the petitioner in PHH Corporation, et al., v. Consumer Financial Protection Bureau said allowing CFPB Director Richard Cordray’s decision to stand would increase closing costs, make an already lengthy closing period longer, and make the mortgage origination process more confusing for borrowers and lenders. Currently on appeal in federal appeals court in the District of Columbia, the decision issued by Cordray on June 4, 2015, relates...
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Shareholder Group Says Risk-Sharing Puts Fannie, Freddie at a Disadvantage

October 15, 2015
Private investors in Fannie Mae and Freddie Mac stock are raising concerns about the expansion of risk-transfer activity at the two government-sponsored enterprises, warning that it should not be viewed as the answer to housing reform. The credit-risk transfer programs are often cited as a path to housing finance reform because they bring new private capital to the mortgage business, laying off some of the risk held by the GSEs and, ultimately, by taxpayers. “Some have suggested...
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Strong Purchase-Mortgage Market Buoyed Agency MBS Issuance in 3Q15; Seasoned Loans Push September Higher

October 9, 2015
The mortgage refinance business began losing steam in the third quarter, but purchase-mortgage lending helped sustain agency single-family MBS production during the period, according to a new market analysis and ranking by Inside MBS & ABS. Fannie Mae, Freddie Mac and Ginnie Mae combined to issue $351.70 billion of single-family MBS during the third quarter of 2015, a slight 0.3 percent decline from the previous period. Even with the slowdown, year-to-date agency MBS volume of $976.40 billion had already topped the $929.49 billion in gross issuance for all of last year. The bright spot was...[Includes two data tables]
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FINRA Tweaks Proposal on Margin Requirements for TBA MBS to Address Concerns Raised by the Industry

October 9, 2015
The Financial Industry Regulatory Authority has adjusted a proposal that would set margin requirements for to-be-announced MBS. The independent regulator made some concessions to industry participants compared with a proposal issued in January 2014. FINRA’s proposed rule change was filed with the Securities and Exchange Commission this week. Comments will be accepted for 21 days after the proposal is published in the Federal Register, which is expected shortly. FINRA noted...
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Fed Rate Hike Expectations Extending Further Out Thanks to Weaker Jobs Data and Global Slowdown

October 9, 2015
Recent disappointing job creation numbers and continued concern about slowing economic activity around the globe have convinced an increasing number of Wall Street analysts, participants and observers that the Federal Reserve’s Open Market Committee will not raise interest rates at its next meeting, scheduled for later this month. Further, more market professionals don’t predict an uptick in rates until sometime in 2016. And a few are even speculating a liftoff won’t come until the year after that. According to Peter Schiff, CEO and chief global strategist for investment firm Euro Pacific Capital, “the downright dismal September jobs report that was released last Friday may prove...
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