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Home » Topics » Inside the CFPB » Regulation

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CFPB Gets ‘Sensitive’ About TRID, But Industry Wants Congress to Act

June 16, 2015
Nearly a score of industry trade groups sent a letter last week to the leadership of the House Financial Services Committee, urging them to pass legislation to provide a reasonable hold-harmless period for enforcement of the CFPB’s TILA-RESPA Integrated Disclosures (TRID) regulation for lenders trying to do their best to comply. “We appreciate that the bureau indicated it will be sensitive to the progress made by those entities that make good-faith efforts to comply,” the 19 groups said in a letter to Committee Chairman Jeb Hensarling, R-TX, and Ranking Member Maxine Waters, D-CA. “At the same time, the industry needs more certainty that their good-faith efforts to comply while still meeting consumers’ expectations do not expose lenders and settlement service ...
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Be Wary of TRID? Not as Bad on Volumes as QM, Analysts Say

June 16, 2015
With the effective date of the CFPB’s TILA/RESPA Integrated Disclosures rule just weeks away, lender representatives continue appealing to Congress for formal enforcement relief, while vendors are scrambling to finish their work products and deliver them to clients in time for testing. But TRID may not be as bad as everyone seems to fear. “In conversation with industry participants, the actual impact of these rules is a key debatable point, with consensus believing that the rules may have a temporary drag on origination volumes in the second half of 2015,” said analysts at FBR Capital. But it will not be as drastic as the impact the qualified-mortgage rule had on origination volumes in the second half of 2014, they said. ...
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Congressional Democrats Revive Defeated Reg-Relief Provisions

June 16, 2015
Democratic leadership in the Senate and the House have introduced the Community Lender Regulatory Relief and Consumer Protection Act of 2015 as an alternative to the GOP-sponsored regulatory relief bill approved by the Senate Banking, Housing and Urban Affairs Committee. Most of the provisions in the Democrat legislation were proposed as amendments to the Senate bill and rejected by the Republican majority. The Democrat bill would grant qualified-mortgage status for loans held in portfolio, but only for smaller financial institutions. Banks and credit unions with less than $2 billion in consolidated assets which originate fewer than 2,000 mortgages per year could make loans that exceed the 43 percent debt-to-income ratio under the QM standard and still receive safe harbor status ...
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CFPB Extends Its Oversight Grasp To Nonbank Auto Finance Firms

June 16, 2015
The CFPB last week promulgated its long-awaited final rule allowing it to supervise larger nonbank auto-finance companies for the first time. Currently, the bureau supervises auto financing at the largest banks and credit unions. The new rule extends that supervision to any nonbank auto-finance company that makes, acquires or refinances 10,000 or more loans or leases in a year. Under the rule, those companies will be considered “larger participants,” and the bureau may oversee their activity to ensure they are complying with federal consumer financial laws. Those laws include the Equal Credit Opportunity Act, the Truth in Lending Act, the Consumer Leasing Act, and the Dodd-Frank Act’s prohibition on unfair, deceptive or abusive acts or practices. The new rule is ...
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Worth Noting

June 16, 2015
Industry Groups Urge Restructuring of CFPB. Wading into risky political territory, a number of industry groups last week urged Congress to support H.R. 1266, legislation that would revamp the governing structure of the CFPB. Submitting a statement for the record to the House Financial Services Subcommittee on Financial Institutions and Consumer Credit, the industry groups said consumers and the industry would be better served by changing the CFPB governance structure from a single director to a bipartisan five-person commission as used by other federal agencies. “The CFPB has tremendous authority to supervise a multi-trillion dollar industry, which as we have learned, can have incredible ramifications on our economy,” the statement said. “As such, it is imperative the CFPB remain stable ...
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Can MBS Prices Get Much Lower? The ‘Illiquidity Issue’ Is Raised Again

June 12, 2015
The average bid on the benchmark Fannie Mae 30-year 3.50 percent MBS fell to 102.2 this week compared to 104.5 earlier in the month, leaving some market watchers feeling sick to their stomachs. The general fear is that MBS prices may fall further over the short term as interest rates rise. The question for many boils down to the basics: Where will mortgages settle? As Inside MBS & ABS went to press this week, the yield on the 10-year Treasury reached...
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Private Student Loans Turn in Healthy Performance In First Quarter, With Continued Growth Expected

June 12, 2015
There is good news for investors in private student-loan ABS these days, according to the latest market intelligence from industry analysts. Student loan performance was healthy in the first quarter, and more growth is expected going forward. Continued strong performance trends were seen in repayment, delinquencies and charge-offs for private student loans through March 31, 2015, according to the semi-annual private student-loan performance report from MeasureOne, which was released earlier this week. Among the key findings, year-over-year delinquencies continued...
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Court Departs from Long-Held Federal Preemption for Nonbanks, Prompting Concern in Securitization Industry

June 12, 2015
Securitization industry participants are concerned about a recent ruling in a federal appeals court that overturned longstanding preemption certain nonbanks have enjoyed from state laws, including standards for debt collection. The ruling in late May by the Second Circuit Court of Appeals in the case of Madden v. Midland Funding could pose “significant implications for the securitization industry,” according to the Structured Finance Industry Group. The case involves...
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Court Splits R&W Liability between JPMorgan and WaMu; PwC’s Bid for Docs in Colonial Case Denied

June 12, 2015
JPMorgan Chase recently won in a long-running lawsuit with Deutsche Bank, limiting potential liabilities it inherited from purchasing the embattled Washington Mutual in 2008 at the behest of federal banking regulators. U.S. District Court Judge Rosemary Collyer in Washington, DC, ordered that liabilities for representation-and-warranty breaches be split between JPMorgan and WaMu Mortgage Securities Corp. The judge decided that JPMorgan would be liable only to the extent that the liabilities were on WaMu’s books as of Sept. 25, 2008. The remaining liabilities would remain at WaMu. Only a short order was released...
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Tough Market for Nonprime Non-QMs

June 12, 2015
Lenders offering nonprime loans that do not meet the qualified-mortgage standard have run into difficulties generating volume because weak secondary-market demand has made pricing on the loans unattractive to borrowers. Jeff Lemieux, until recently a vice president at Bayview Asset Management, said volume in nonprime non-QMs is extremely weak across the industry. “The consumer is resistant to the pricing,” he said. Lemieux said credit-impaired borrowers feel that ...
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