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Home » Topics » Inside the CFPB » Regulation

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Standard & Poor’s Tops in Rating Non-Mortgage ABS While DBRS Held the Lead in Non-Agency MBS Market

August 14, 2015
Standard & Poor’s ranked as the most active rating service in the non-mortgage ABS market at the midway mark in 2015, but came in last in the non-agency MBS sector. S&P provided ratings on $63.55 billion of non-mortgage ABS issued during the first half of the year, or 60.3 percent of total issuance. That was off slightly from its 64.1 percent market share for all of last year. The company has gotten more active in rating credit card deals, but has lost some of its share in vehicle finance and business loan ABS. Fitch was...[Includes two data tables]
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Capital Requirements, Including Designation of ‘High Quality,’ a Major Factor for MBS Investors

August 14, 2015
The application of capital requirements to MBS and other structured finance products in the coming years will likely trump any typical collateral analysis investors currently consider, according to analysts at Standard & Poor’s. In a report published late last week, the analysts said global capital requirements have the potential to become impediments to providing financing via securitized products. “Of particular investor focus recently are...
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Moody’s Proposes Changes to Commercial MBS Rating Criteria, Allowing for Looser Underwriting

August 14, 2015
Moody’s Investors Service late last week proposed changes to how it rates commercial MBS. The rating service, which has been lagging in rating the type of deals subject to the revision, said the changes will result in upgrades and more positive treatment of loans with high loan-to-value ratios. Moody’s proposed to recalibrate its benchmark LTV ratios and “refine” how adjustments are made to benchmark LTV ratios. The proposal would allow for lower subordination requirements. The changes would apply to ratings of multi-borrower large loan commercial MBS and single asset/single borrower commercial MBS. “The main objective of the proposed changes for North American securitizations is...
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Appraisal Reforms Seen as Having a Mixed Impact

August 14, 2015
Appraisal independence requirements adopted by the government-sponsored enterprises helped reduce the probability of inflated appraisals and made it more difficult to obtain mortgages, according to new research by staff at the Federal Reserve Bank of Philadelphia. Lei Ding, a community development economic advisor at the Philadelphia Fed, and Leonard Nakamura, a vice president and economist, detailed their findings in a paper published at the end of July. The government-sponsored enterprises adopted...
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How Much Is Student Debt Hurting the Market?

August 14, 2015
Student loan debt is no joke in America – and mortgage bankers, in particular, know all about it, especially since it’s being singled out as the chief reason why some borrowers can’t afford to buy their first home. Each year, a new group of college graduates has to start figuring out how to pay off their student loans. There’s even a website dedicated to showing the national student debt in real time – roughly $1.2 trillion as Inside Mortgage Trends went to press – along with credit card debt and auto loans. Currently, 15 percent of mortgagors have...
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MSAs May be Heading for Extinction Under Bureau Heat

August 10, 2015
So-called marketing service agreements between lenders and real estate service providers may be going the way of the dodo bird after two top mortgage lenders decided in recent days to pull the plug on such business arrangement, apparently in the face of scrutiny from the CFPB. Prospect Mortgage, a top-30 ranked lender, was the first to officially deep-six its MSAs, ostensibly as a precautionary measure, the company said. The lender said it feared that it could eventually run afoul of the Real Estate Settlement Procedures Act. Then Wells Fargo, the nation’s largest mortgage lender, said it too was withdrawing from certain business arrangements where MSAs are involved with its mortgage unit, citing what it called “increasing uncertainty surrounding regulatory oversight ...
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CFPB Sues Online, Offshore Payday Lender NDG Enterprise

August 10, 2015
The CFPB filed suit in federal district court late last month against NDG Enterprise, characterizing the offshore payday lender as a complex web of commonly controlled companies, and accusing the operation of collecting money consumers did not owe, in violation of the Dodd-Frank Act’s prohibition on unfair, deceptive, and abusive acts and practices. NDG Enterprise originates and collects payday loans over the Internet to consumers in all 50 states, including states such as New York where those loans are void because they violate state usury caps and licensing requirements, according to the bureau.“We are taking action against NDG Enterprise for collecting money it had no right to take from consumers,” said CFPB Director Richard Cordray. “Companies making loans within ...
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House Panel Passes Four CFPB-Related Measures

August 10, 2015
Late last month, the House Financial Services Committee passed a handful of industry-sought measures related to the CFPB, including H.R. 3192, the Homebuyers Assistance Act. The legislation would provide a hold harmless period until Feb. 1, 2016, for the TILA/RESPA Integrated Disclosure (TRID) rule that is slated to take effect Oct. 3, 2015. Attorney Richard Andreano, a partner in the mortgage banking unit at the Ballard Spahr law firm, said in a client note that prospects in the Senate, however, are somewhat murky. “An existing bill, S. 1711 (which is a companion bill to H.R. 2213), would provide for a TRID rule hold harmless period until Jan. 1, 2016,” he said. “The bill was introduced on July 7, 2015, and ...
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Consumer Complaints About Student Loans Up at Mid-Year

August 10, 2015
Consumer complaints about their student loan debt obligations rose slightly at the six-month mark, up 4.8 percent versus the previous year, according to a new analysis by Inside the CFPB. Month over month, gripes were down 4.0 percent. There was a good bit of variation in the numbers, company to company, during both time periods. But there was also a good bit of consistency within individual companies, with six of the top 10 rising or falling according to both metrics. For instance, top-ranked Navient saw consumer criticisms fall 6.8 percent quarter over quarter and 14.8 percent at the mid-year point compared with last year. Meanwhile, at second-ranked Genesis Lending, consumer complaints spiked 29.9 percent QOQ and skyrocketed more than 1,000 ...
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American Honda Finance Corp. Defends Its Lending Practices

August 10, 2015
Subsequent to the publication deadline for the previous issue of Inside the CFPB, American Honda Finance Corp. submitted a statement in response to the enforcement action brought against it late last month by the CFPB and the Department of Justice.“AHFC strongly opposes any form of discrimination, and we expect our dealers to uphold this principle as well,” said the lender. “We firmly believe that our lending practices have been fair and transparent. “AHFC has a difference of opinion with the CFPB and the DOJ regarding the methodology used to make determinations about lending practices, but we nonetheless share a fundamental agreement in the importance of fair lending,” the company added.In cooperation with the CFPB and the DOJ, AHFC...
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