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Home » Topics » Inside the CFPB » Regulation

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CFPB Urged to Adjust Non-Agency QM Standards

October 2, 2015
A quirk in the way the Consumer Financial Protection Bureau drafted standards for qualified mortgages has put non-agency lenders at a disadvantage, according to a former CFPB official that was heavily involved in drafting the ability-to-repay rule. At the recent ABS East conference, Peter Carroll, an executive vice president at Quicken Loans, reiterated calls for the CFPB to make adjustments to Appendix Q of the ATR rule. Appendix Q details documentation requirements ...
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2014 HMDA Data Show Huge Chunk of Higher-Priced FHA Loans

October 2, 2015
The majority of higher-priced first-lien loans in 2014 were FHA-insured, according to the latest Home Mortgage Disclosure Act data. Approximately 45 percent of FHA-insured, first-lien purchase mortgages had annual percentage rates in excess of the reporting threshold, similar to the percentage in the latter half of 2013, the Federal Financial Institutions Examination Council noted. Higher-priced loans are those with APRs that exceed the average prime offer rate by at least 1.5 percentage points for first-lien loans and at least 3.5 percentage points for subordinate-lien loans. The data on the incidence of higher-priced lending show that about 8 percent of first-lien purchase loans originated in 2014 have APRs that exceed the loan-price reporting thresholds, up from about 5 percent in 2013, the FFIEC said. The higher APRs for FHA loans were due to a slight increase in ... [ 1 chart ]
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2014 HMDA Findings Reveal Larger-Than-Expected Conventional Conforming Market, Smaller GSE Share

October 1, 2015
Loan origination data for 2014 that were released last week by federal regulators show that the conventional mortgage market was considerably bigger than previously estimated – and that production levels this year are rising. Home Mortgage Disclosure Act data show that lenders covered by the law’s reporting requirements originated $969 billion of conventional purchase and refinance loans last year. About $232 billion of that amount came in loans exceeding the county-level conforming loan limits in effect for Fannie Mae and Freddie Mac last year. The remainder, $737 billion, represents...[Includes two data tables]
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Many Fear the CFPB Wants to Kill All MSAs, But Movement Mortgage Takes a Stand and Stays Put

October 1, 2015
The Consumer Financial Protection Bureau has yet to clarify what it doesn’t like about “marketing service agreements” between originators and Realtors, and the less the agency talks about the topic – publicly, at least – the more lenders fear that eventually the regulator will try to eliminate such agreements altogether. To date, at least two lenders – Wells Fargo and Prospect Mortgage – have announced they are ending their MSAs, but sources indicate that several firms have undergone CFPB audits (or soon will) with a special emphasis on how they manage business referrals with realty companies and how much money changes hands. Inside Mortgage Finance has learned...
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CFPB, Other Regulators Working on Guidance To Affirm a ‘Diagnostic’ Approach Toward TRID

October 1, 2015
It looks like the mortgage industry is on the verge of obtaining another concession from the Consumer Financial Protection Bureau regarding enforcement of its pending integrated disclosure rule. The rule will streamline the consumer disclosures required under the Truth in Lending Act and the Real Estate Settlement Procedures Act. This TILA/RESPA Integrated Disclosure rule is slated to take effect Oct. 3, 2015, and will create a new regulatory regime – and perhaps a good bit of havoc in the process, at least in the short term. The anxiety over the confusion and expected delays has prompted...
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Regulators Push Back Against Claims that ATR Rule, QM Standards Had a Negative Impact on the Mortgage Market

October 1, 2015
Officials at the Consumer Financial Protection Bureau and the Federal Reserve have gone on the offensive to refute claims from lenders and their advocates regarding the ability-to-repay rule. At a hearing this week by the House Financial Services Committee, CFPB Director Richard Cordray noted that he recently met with the CEOs of the top 40 mortgage companies as part of an event hosted by the Mortgage Bankers Association. Cordray said the CEOs revealed that none of the lenders have faced lawsuits alleging violations of standards for qualified mortgages. “All this foaming at the mouth about legal liability did not...[Includes one data table]
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Jumpstart GSE Reform Act Reintroduced But Overall Housing Reform at a Standstill

October 1, 2015
A streamlined version of the “Jumpstart GSE Reform Act,” recently reintroduced in Congress, then placed on hold and reintroduced again, could be considered before the end of the year. The bill, sponsored by Sens. Bob Corker, R-TN, Mark Warner, D-VA, and Elizabeth Warren, D-MA, would bar the Treasury from selling its stock in the two government-sponsored enterprises and prevent increases in Fannie Mae and Freddie Mac guaranty fees to pay for other government spending. An earlier version of the bill that Corker tried to fast-track through the Senate did not include...
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MBS Market Grew Slightly in 2Q15; Banks, Mutual Funds and Foreign Investors Increased Their Holdings

September 25, 2015
The supply of residential MBS in the market grew tepidly in the second quarter of 2015, but not enough to increase the overall securitization rate for home mortgages. A total of $6.335 trillion of single-family MBS were outstanding at the end of June, a slim 0.1 percent increase from the previous quarter. The supply of MBS has been bouncing slightly higher and lower over the past six quarters, without gaining much traction. With total home mortgage debt outstanding climbing by 0.4 percent during the second quarter, the share of securitized loans fell...[Includes two data tables]
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MBS Prices Remain in a Holding Pattern, Thanks To the Fed: Modest Improvement in Liquidity?

September 25, 2015
The average daily trading volume for agency MBS fell slightly to $187.6 billion in August from the prior month, the second lowest reading of the year, according to figures compiled by the Securities Industry and Financial Markets Association. Lower trading volume indicates that liquidity has been reduced somewhat, but there could be brighter days ahead: the eight-month daily trading average is a bit higher at $200.9 billion and if that figure holds for the rest of the year, it will surpass last’s year’s daily average of $177.9 billion. Then again, $200.9 billion wouldn’t be...
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Marketplace Lending Securitizations Look Promising, But There are Risks Lurking, Ratings Services Say

September 25, 2015
Marketplace lending – otherwise known as peer-to-peer lending – is becoming more of a “thing” for institutional investors, hedge funds, venture capital firms, and even banks these days, but there are plenty of risks lurking in the bushes as well as other operational challenges, according to ratings service analysts. “While marketplace lending has enjoyed increasing growth and acceptance, Standard & Poor’s Ratings Services believes a measured and cautious approach is warranted to properly evaluate this segment, which exhibits unique and heightened risks,” S&P credit analysts Ildiko Szilank and Timothy Bartl wrote in a new report. Among the risks they identified is...
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