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Home » Topics » Inside the CFPB » Regulation

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CFPB Mortgage Disclosure Forms, Rule Could be Issued This Week

November 18, 2013
The CFPB’s much-anticipated integrated mortgage disclosure final rule and related forms could be issued as early as Wednesday, Nov. 20, when the bureau plans to conduct a public field hearing in Boston on the mortgage aspect of its broader “know before you owe” initiative. The event will feature remarks by CFPB Director Richard Cordray and testimony from consumer groups, industry representatives and members of the public. The purpose of the forthcoming rule and forms is to integrate and harmonize the mortgage disclosures consumers receive...
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More Firms Consider Their Prospects in the Non-Agency Space, Including Freedom Mortgage and W.J. Bradley

November 15, 2013
Although non-agency MBS issuance has been a dicey proposition since rates spiked in late spring, residential lenders continue to eye the sector, liking the long-term outlook for jumbo securities. Two nonbanks taking a close look at the jumbo MBS market include Freedom Mortgage and W.J. Bradley Mortgage Capital, both established names in the agency MBS arena. In an interview with Inside MBS & ABS, Freedom Mortgage CEO and founder Stanley Middleman said...
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Yellen Signals Continuation of Bernanke Fed Policies, Sheds No New Light on When Tapering Might Begin

November 15, 2013
Federal Reserve Vice Chair Janet Yellen, President Obama’s nominee to replace Fed Chairman Ben Bernanke, did not deviate in the slightest from Bernanke’s support for a policy that has resulted in the Fed buying two thirds of new agency MBS production, during her nomination hearing before the Senate Banking, Housing and Urban Affairs Committee this week. “The Federal Reserve is using its monetary policy tools to promote a more robust recovery,” Yellen said. “A strong recovery will ultimately enable the Fed to reduce its monetary accommodation and reliance on unconventional policy tools such as asset purchases. I believe that supporting the recovery today is the surest path to returning to a more normal approach to monetary policy.” Sen. Mike Crapo, R-ID, ranking member of the committee, took issue...
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Agency MBS Investments by REITs Don’t Necessarily Pose a Systemic Risk, According to Richmond Fed

November 15, 2013
A report released this week by analysts at the Federal Reserve Bank of Richmond suggests that real estate investment trusts that invest in agency MBS don’t necessarily pose systemic risks. “While mortgage REITs clearly present risks to investors, it is not yet clear where mortgage REITs fall relative to other financial institutions in terms of their systemic risk,” according to an economic brief from the Richmond Fed. REITs held...
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GSE Fees Continued Edging Higher in 3Q13, Boosting Earnings and Treasury Payments

November 14, 2013
The average guaranty fees charged by Fannie Mae and Freddie Mac on new business continued to climb during the third quarter, with a sizable slice going straight into the U.S. Treasury. Fannie reported that the average guaranty fee on new business was 58.7 basis points during the third quarter of 2013, up from 56.9 bps during the second quarter. Freddie continued to charge lower fees than its rival, 53.2 bps during the third quarter, up from 50.7 bps in the previous period. A year ago, Fannie’s average fee on new business was...
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Lenders Shift Tactics to Increase Purchase-Mortgage Originations, Stay Somewhat Firm on Underwriting

November 14, 2013
Lenders are directing more resources toward purchase-mortgage originations and reporting that they are holding underwriting requirements firm. However, an Inside Mortgage Finance analysis of mortgages delivered to the government-sponsored enterprises suggests that purchase-mortgage underwriting requirements have gradually loosened in the past year. The focus on purchase mortgages became urgent as interest rates started to increase in May, settling for the moment about 100 basis points higher than they were in April, reducing demand for refinances. In October, purchase mortgages accounted for over half of the loans securitized by Fannie Mae, Freddie Mac and Ginnie Mae. The vast majority of 68 lenders surveyed by the Federal Reserve said...[Includes one data chart]
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Fannie, Freddie Move Closer to ‘Repaying’ Treasury Draws

November 8, 2013
Freddie Mac’s “account balance” with the U.S. Treasury will go into the black by yearend – thanks to stellar third-quarter earnings – and Fannie Mae likely will accomplish the same by the end of March 2014. But mortgage bankers shouldn’t pop any champagne. That’s the view of Dave Stevens, president of the Mortgage Bankers Association who worked at Freddie once and also served as FHA commissioner. Stevens believes that despite their strong performance in the third quarter and beyond, both are just “insurance brokers” that have benefitted from the Federal Reserve buying their mortgage-backed securities. [Includes one data chart.]
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Rep. Watt’s FHFA Nomination Falls Short in Senate Vote, Dems Vow Another Try, Industry Observers Doubtful

November 7, 2013
Expect Senate Democrats and the White House to continue their push to see Rep. Mel Watt, D-NC, confirmed as the new director of the Federal Housing Finance Agency despite falling four votes short in a key procedural vote in the Senate last week. On Oct. 31, Senators voted 56 to 42 to limit floor debate on Watt’s nomination, well below the 60-member supermajority required to invoke cloture and shutter any potential filibuster under current Senate rules. Had Democrats been able to clear the 60-vote threshold and invoke cloture, it’s all but certain that Watt would have become the new FHFA director: the final vote on his nomination would then need only a simple majority of 51 votes. Senate Majority Leader Harry Reid, D-NV, has expressed...
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Integrated Consumer Disclosure Rule Anticipated in Early December

November 4, 2013
The CFPB’s integrated mortgage disclosure rule under the Real Estate Settlement Procedures Act and the Truth in Lending Act might not be out until early December, an informed source told Inside the CFPB. For months, the expectation had been that an October release was in the offing, but it still has yet to come out, and bureau personnel say they don’t have a release date. “We were in a meeting at the beginning of October, and before that, there were some pretty heavy rumors that it was going to come out at the end of October,” said...
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Bureau Alleges RESPA Kickback Scheme in Suit Against KY Firm

November 4, 2013
The CFPB has filed a lawsuit in federal district court against a Kentucky law firm, Borders & Borders, PLC and its principals, for illegally paying kickbacks for real estate settlement referrals through a network of shell companies. The CFPB alleges that Borders & Borders and principals Harry Borders, John Borders, Jr., and J. David Borders violated the Real Estate Settlement Procedures Act by operating a network of affiliated companies to pay kickbacks for referrals of mortgage settlement business. RESPA prohibits giving...
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