As Fannie Mae and Freddie Mac shareholders inch closer to having hundreds of government documents released in pending shareholder lawsuits surrounding the conservatorship and preferred stock purchase agreement, they are more confident the court will rule in their favor. In the latest development in Fairholme Funds v. the United States, Federal Claims Court Judge Margaret Sweeney last week granted a motion to compel the disclosure of documents filed over the summer by ...

The CFPB issued a proposed rule last week to provide more certainty for mortgage servicers about when to provide periodic statements to consumers in connection with their bankruptcy cases. The consumer bureau said it is proposing amendments to certain mortgage servicing rules issued in 2016 under Regulation Z (which implements the Real Estate Settlement Procedures Act) relating to the timing for servicers to transition to providing modified or unmodified periodic statements and coupon books in connection with a borrower’s bankruptcy case. Among other things, the 2016 mortgage servicing final rule addresses Reg Z’s periodic statement and coupon book requirements when a person is a debtor in bankruptcy. It includes a single-billing-cycle exemption from the requirement to provide a periodic statement ...

The CFPB recently ordered Meridian Title Corp., a real estate settlement agent and title insurance agency in South Bend, IN, to pay up to $1.25 million in redress to consumers who were allegedly steered to a title insurer owned partly by several of Meridian’s executives without disclosing the affiliation. According to the bureau’s consent order, Meridian issues title-insurance policies, provides mortgage loan settlement servicers, and conducts loan closings in connection with residential real estate transactions. In its role as title policy issuing agent, the company procures policy orders from borrowers and lenders and issues title commitments, final policies and related endorsements. As a settlement agency, Meridian facilitates the real property and mortgage loan settlement services required to close the mortgage ...

A greater percentage of community banks are making mortgages this year than the year before, but the mortgage regulations from the CFPB continue to cause some smaller institutions to ditch that line of business, according to a new survey conducted by the Conference of State Bank Supervisors and the Federal Reserve System. Mortgage lending is still a prominent activity among the more than 600 community banks surveyed, with 1-4 family, fixed-rate lending identified by more than 80 percent of respondents as a product currently offered that would continue to be provided. “This is higher than the 76 percent reported last year and contrasts, to some extent, with the five percent of banks that last year planned to exit from or ...

The CFPB made a big splash last week – perhaps the last of Richard Cordray’s career at the helm – by issuing its long-awaited payday lending final rule. Many observers watching the director for signs he will resign to run for governor of Ohio have speculated he has been hanging on at the bureau until this rule was formally promulgated. Now that it has been issued, the Cordray departure watch will resume. Under the new rule, there’s a full-payment test. Lenders are required to determine whether the borrower can afford the loan payments and still meet basic living expenses and major financial obligations. For payday and auto title loans that are due in one lump sum, full payment means “being able to ...

Consumer complaints to the CFPB about credit reports jumped in the third quarter, during which the massive Equifax data breach occurred, and year over year, according to a new analysis by Inside the CFPB. Gripes to the bureau leapt by 53.4 percent from the second quarter to the third, our analysis found, and skyrocketed 86.2 percent from year-ago levels. Criticisms about credit reports went from 12,830 in the first quarter of 2017 to 19,685 in the second, to 29,466 in the third. And it may get worse before it gets better, as the bad news about the Equifax hack makes its way further into the general population.Equifax-related complaints rose 131.2 percent during the period ending ... [With exclusive data]

Did DoJ Opine on Ocwen v. CFPB? No One’s Talking. Earlier this year, Ocwen Financial asked Judge Kenneth Marra of the U.S. District Court for the Southern District of Florida, West Palm Beach Division, to invite the U.S. attorney general to appear and participate in the company’s challenge to the constitutionality of the CFPB.... Last Call for Public Comments on TRID ‘Black Hole’ Proposal. The industry has until 11:59 p.m. Oct. 10, 2017, to submit comments to the CFPB regarding its proposal to close the “black hole” associated with the bureau’s integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act....

Fannie Mae and Freddie Mac shareholders are feeling more confident they will prevail in lawsuits over the Treasury sweep as internal government documents related to a popular case continue to trickle out. Late this week, Federal Claims Court Judge Margaret Sweeney granted a motion to compel the disclosure of documents that were filed over the summer by attorneys in Fairholme Funds v. the United States. Investors, having grown weary of the drawn-out discovery process, filed a motion in August in hopes of speeding things up by forcing the government to stop what they perceive as delay tactics. Attorneys asked the Federal Claims Court to use the “quick peek” procedure for some documents dating back to May 2012.

Mortgage originations for black and Hispanic borrowers rose significantly faster in 2016 than among whites, according to a new Inside Mortgage Finance analysis of recently-released Home Mortgage Disclosure Act data. The HMDA report reveals that a total of $1.956 trillion of home loans were originated last year, an 18.5 percent increase over the 2015 total. Most observers believe that HMDA undercounts total mortgage originations by about 5 percent ... [Includes one data chart]

The election of President Trump and Republican control of Congress initially prompted optimism among MBS and ABS issuers for significant easing of regulatory standards. But with comprehensive legislation from Congress looking unlikely, the focus has shifted to federal agencies, according to speakers at the recent ABS East conference sponsored by Information Management Network. “Expectations have had to be reset post-election,” said Ryan Schoen, a senior financial services analyst at Washington Analysis, a research firm. He said he doesn’t expect much regulatory reform from Capitol Hill. While the House passed H.R. 10, the Financial CHOICE Act, this year, the Senate is taking a more measured approach. “The Senate doesn’t seem...