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Home » Topics » Inside the CFPB » Regulation

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GSEs Paid Treasury Required 10 Percent IRR, Should Hasten Reform

March 16, 2018
Both GSEs have now paid the government the 10 percent compound rate of return required by the original senior preferred stock agreement, according to the R Street Institute. The think tank’s senior fellow, Alex Pollock, said it’s time to put the senior preferred stock purchase agreement to rest. Fannie just recently joined Freddie in this “10 percent moment.” He said because Treasury has received dividend payments from both Fannie and Freddie that equal the economic equivalent of repayment of the entire principal of their senior preferred stock, plus a full 10 percent yield, “it is now entirely reasonable for it to consider declaring the senior preferred stock retired.”
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HUD, FDIC Announce Auctions of Reverse Loans; HECM RMBS Rated

March 9, 2018
The Department of Housing and Urban Development and the Federal Deposit Insurance Corp. have announced offerings of multiple residential reverse mortgage pools for sale to investors. The HUD pools are comprised of approximately 650 reverse mortgage notes with a total loan balance of about $136 million. The sale consists of due and payable first-lien reverse mortgages secured by single-family, vacant residential properties where all borrowers are deceased and none is survived by a non-borrowing spouse. The reverse-mortgage sale is the third offering of its type. As with past offerings, the sale will be by competitive bidding on April 11, 2018. The loans will be sold without FHA insurance and with servicing released. The loans are expected to be offered in regional pools. Meanwhile, the FDIC will unload in open auction 3,280 FHA-insured reverse-mortgage loans from the ...
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Carson Denies Removal of Fair Housing, Inclusiveness Language

March 9, 2018
Realtors and fair-lending advocates are outraged over reports that Housing and Urban Development Secretary Ben Carson has ordered the removal of language ensuring “inclusiveness and discrimination-free communities” from the department’s mission statement. A spokesperson for HUD denied the report, blaming it on faulty reporting by the Huffington Post on March 6. Carson later followed up with his own denial in an open letter to HUD employees, which the department made public. The initial press report cited a March 5 memo written by Amy Thompson, assistant secretary for public affairs, and addressed to HUD political staff. In the memo, Thompson talked about ongoing efforts to update the mission statement to align HUD’s mission with the Trump administration’s priorities. She added that Carson helped in the development of the new statement as well as urged senior staff to ...
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Failed TBW’s Audit Firm Agrees to Settle False Claims Act Allegations

March 9, 2018
Accounting firm Deloitte & Touche has agreed to pay the federal government $149.5 million to settle False Claims Act liabilities arising from its audits of failed FHA lender Taylor, Bean &Whitaker Mortgage Corp.Deloitte was TBW’s independent outside auditor from 2002 through 2008, when the subprime mortgage market unraveled, triggering a financial and housing crisis. The Department of Justice alleged that, during the period in question, TBW had been running a fraudulent scheme involving the purported sale of fictitious or double-pledged mortgages. According to court documents, Lee Bentley Farkas, former chairman of TBW, and six other banking executives engaged in a more than $2.9 billion fraud scheme that contributed to the failures of Colonial Bank and TBW. Farkas and his crew allegedly misappropriated in excess of $1.4 billion from Colonial Bank’s warehouse lending division in Orlando, FL, and approximately $1.5 billion from Ocala Funding, a mortgage-lending facility controlled by TBW.
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Strong Demand in Secondary Market for Non-QMs

March 9, 2018
Issuance of non-agency mortgage-backed securities backed by non-qualified mortgages could triple this year, according to Jeremy Schneider, a senior director at S&P Global Ratings. According to Inside Nonconforming Markets, $4.08 billion of expanded credit non-agency MBS was issued in 2017, with non-QMs accounting for a large share of the issuance. Schneider and other industry participants discussed non-QMs at the SFIG Vegas conference produced by Information ...
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Senate Close to Passing Expansion of QM Standards

March 9, 2018
The Senate started consideration this week of a regulatory reform bill that includes a provision to expand the definition of qualified mortgages. The bill has some bipartisan support and could pass the Senate, with companion legislation potentially approved by the House later this year, according to industry analysts. The Senate next week is scheduled to resume consideration of S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, which would loosen ...
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CFPB Says Deleting Public Records Has Little Effect on Credit Scores

March 5, 2018
Removing civil public records has little effect on consumers’ credit scores, the CFPB found in the latest quarterly consumer credit trends report issued last week. The National Consumer Assistance Plan required the three nationwide credit reporting companies – Equifax, Experian, and TransUnion – to create minimum standards for personal information and reporting frequency for civil public records, including bankruptcies, civil judgement, and tax liens. The new standards were a product between the credit ...
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Senate Will Advance Bipartisan Reg Relief Bill This Week

March 5, 2018
Senate Majority Leader Mitch McConnell filed a motion last week to advance bipartisan legislation that would relieve banks, especially smaller ones, from a handful of CFPB regulations. The Economic Growth, Regulatory Relief, and Consumer Protection Act, or S. 2155, was passed by the Senate Banking, Housing and Urban Affairs Committee in December 2017. The vote on the motion to proceed will be on Tuesday, March 6. The act, introduced by Sen. Mike Crapo, R-ID, would roll back a number of ...
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Democrats and Mulvaney Exchange Barbs on Payday Lending

March 5, 2018
The fight between Sen. Elizabeth Warren, D-MA, and the CFPB’s Acting Director Mick Mulvaney regarding the payday lending rule is escalating. In a two-paragraph response released last week, Mulvaney rejected the accusation that his decision to retreat from payday lending was connected to the campaign contributions that payday lenders gave. “I rejected your insinuation – repeated three times in as many pages – that my actions as acting director are based on considerations other than than a careful examination ...
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Other News in Brief: Equifax Probe, GOP Support for Mulvaney

March 5, 2018
The CFPB is continuing its investigation into what went wrong at Equifax regarding the massive data breach the credit bureau suffered last year, according to a new 10-K filing with the Securities and Exchange Commission. Last fall, Equifax said hackers stole personal data it had collected on some 143 million U.S. consumers. In the new filing, the company updated that estimate to almost 146 million Americans. The CFPB, of course, is not the only government body looking into the hack ... [Includes two briefs]
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