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Home » Topics » Inside the CFPB » Regulation

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Electronic Contracts for Loans Increasingly Common In ABS Market, Presenting Efficiencies and Some Risks

May 15, 2015
ABS issued in recent years have included a marked increase in the use of electronic contracts, particularly for prime auto deals. Industry analysts note that e-contracts can be treated similarly to physical contracts, though issuers must address concerns from investors, lenders and rating services. “The pace of e-contract adoption has increased, and some prime auto captives are believed by industry participants to be moving to 100 percent e-contract origination by the end of 2015,” DBRS said this week. “The adoption of e-contracts has also occurred across the ABS industry, with subprime auto and timeshare lenders beginning to use them for loan originations.” Use of e-contracts in the auto space has been boosted...
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Shelby Bill Includes Support for Portfolio Loans

May 15, 2015
A draft of legislation unveiled this week by Sen. Richard Shelby, R-AL, includes provisions that would support portfolio lenders and real estate investments trusts, among a myriad of other issues. Support from Democrats for some of the provisions in the draft has been tepid, and it’s not clear that President Obama would sign a bill without changes. The Financial Regulatory Improvement Act of 2015 aims to “improve access to credit and reduce the level of risk in our financial system,” ...
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Shelby Bill Would Open Access to Emerging GSE Securitization Platform, Expand Risk Transfers

May 15, 2015
A new regulatory relief bill drafted by Sen. Richard Shelby, R-AL, would guarantee that the common securitization platform project managed by Fannie Mae and Freddie Mac would be open to all MBS issuers “as soon as practicable,” and structured as a nonprofit utility. The legislation, which also expands the risk-transfer activities of the two government-sponsored enterprises, lays the groundwork for the CSP being transferred away from the GSEs and managed by a third-party provider. But that doesn’t mean...
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REIT MBS Holdings Decline in Early 2015, Riding Out Volatility as Fed Adjusts Policy

May 15, 2015
Most real estate investment trusts that invest heavily in residential MBS reported modest declines in the fair value of their MBS holdings during the first quarter, according to an analysis and ranking by Inside MBS & ABS. A group of 16 publicly traded mortgage REITs held a combined $263.94 billion of agency and non-agency MBS as of the end of March. That was down 6.6 percent from the previous quarter, but represented a 1.1 percent increase over the first quarter of 2014. Some 92.6 percent of the group’s residential mortgage securities holdings were...[Includes one data chart]
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CFPB May Review Lender-Paid MI as Pricing Gets More Competitive. But Who’s at Risk Here: MIs or Lenders?

May 14, 2015
It’s no secret that pricing on lender-paid mortgage insurance policies has come down over the past several months and now it appears the Consumer Financial Protection Bureau may take a look at what’s going on behind the curtain. According to industry officials who claim to have knowledge of the situation, the powerful consumer regulator may focus on whether there is some kind of quid pro quo going on between lenders and mortgage insurers. In particular, the agency may look...
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Shelby Reg Relief Bill Would Grant QM Status To Portfolio Loans, But Dem Support Uncertain

May 14, 2015
Residential mortgages held in portfolio would be granted safe-harbor qualified-mortgage status under draft regulatory relief legislation circulated early this week by Sen. Richard Shelby, R-AL, chairman of the Senate Banking, Housing and Urban Affairs Committee. To get that classification, the lender would have to hold the loan in portfolio from inception, and any person acquiring the loan must continue to hold it in portfolio. The loan cannot provide for negative amortization or interest-only payments, and the loan term could not exceed 30 years. Also, the lender would still have...
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CFPB Director Cordray Resists Continued Pressure From Lawmakers to Delay TRID Enforcement

May 14, 2015
Consumer Financial Protection Bureau Director Richard Cordray continues to tell the mortgage industry and its allies in Congress that the CFPB will not look the other way while the industry grapples with implementation of the integrated mortgage disclosure rule. The director’s latest official rebuff was delivered in a recent letter to Rep. Blaine Luetkemeyer, R-MO, who has been pressing the director for some kind of an enforcement grace period. Cordray historically has been...
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Strong Demand Seen from First-Time Homebuyers, Originations Expected to See Looser Underwriting

May 14, 2015
Underwriting standards, not a lack of income or significant student loan debt, have held back originations of mortgages to first-time homebuyers in recent years, according to industry analysts. As lenders gradually loosen their underwriting standards, originations of mortgages for first-time homebuyers are expected to increase in the coming years. In a recent brief, analysts at Capital Economics stressed that there doesn’t appear to have been a fundamental shift in homeownership aspirations, even though housing is currently slightly over-valued compared with renting. “There is...
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Study Suggests Big Banks Targeted Refinancing Efforts on Loans in Agency MBS Sold to Fed

May 8, 2015
Big banks in recent years likely focused their refinance efforts on loans in agency MBS that had been purchased by the Federal Reserve, according to a working paper by economists at the Fed. John Kandrac and Bernd Schlusche noted that agency MBS held by the Fed exhibit faster prepayment rates than MBS held by the rest of the market. While some analysts have pinned the prepayments on refi activities by nonbanks, the Fed economists said they found that Bank of America, Citigroup, JPMorgan Chase and Wells Fargo played a large role in the high prepayment rates for agency MBS purchased by the Fed. The economists noted...
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GSEs Focus on ‘Less-Liquid’ Assets in Trimming Retained Portfolios During First Quarter of 2015

May 8, 2015
Fannie Mae and Freddie Mac continued to follow orders and prune their retained investment portfolios – and potential future income – during the first quarter of 2015. But the government-sponsored enterprises ended the period holding more of their own MBS than when it started. The combined Fannie/Freddie mortgage investment portfolio fell 0.5 percent during the first quarter of 2015. Under their conservatorship agreement, each GSE is required to reduce its mortgage portfolio to $250 billion by the end of 2018. They each have a little over $150 billion more to go and, as of the end of March, 15 quarters to do it. The Federal Housing Finance Agency has directed...[Includes one data chart]
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