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Home » Topics » Inside the CFPB » Regulation

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Mixed Signals on Demand for Non-QMs

November 18, 2016
Low mortgage interest rates appear to have contributed to a decline in applications for non-qualified mortgages at Impac Mortgage Holdings in the third quarter, according to officials at the nonbank. “A decline in mortgage interest rates generally increases the volume of conventional refinance products over non-QM loans,” Impac said in a quarterly filing to the Securities and Exchange Commission last week. Of the 58 banks that report to the Federal Reserve on the market for ...
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Income& Works to Expand Non-QM Investor Base

November 18, 2016
A start-up is working to allow retirees and other individual investors to buy into non-qualified mortgages, a market that so far has been dominated by hedge funds and other large institutional investors, along with occasional inclusion in non-agency mortgage-backed securities. Brad Walker, CEO of Income&, said the new platform offers an alternative to traditional fixed-income investments. He said Income& is trying to create a higher-yielding, lower-risk fixed-income instrument ...
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Contradiction Seen in Standards for Non-QMs

November 18, 2016
The Consumer Financial Protection Bureau’s recent actions against an unspecified number of lenders that offer non-qualified mortgages prompted some criticism about how the regulator enforces standards in the ability-to-repay rule. The CFPB cited lenders for originating non-QMs that allowed “alternative income documentation” for salaried borrowers. The CFPB said the products offered by the lenders relied primarily on the assets of each borrower when making an ATR determination ...
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Changes to QM Standards Possible Under Trump

November 18, 2016
The election of Donald Trump and Republican control of Congress could prompt changes to standards for qualified mortgages, according to industry analysts. QM standards were established by the Dodd-Frank Act in 2010 and took effect in 2014 as part of the Consumer Financial Protection Bureau’s ability-to-repay rule. Trump’s financial services policy implementation team said it will work to dismantle the DFA and “replace it with new policies to encourage economic growth and ...
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Around the Industry

November 18, 2016
Industry Groups Urge Congressional Leaders to Pass ‘Tax Extenders’ Legislation. Three industry groups called upon House and Senate leaders to pass “tax extenders” legislation, including two critical tax provisions that are scheduled to expire at the end of 2016. In a joint letter this week, the Mortgage Bankers Association, National Association of Realtors and the National Association of Home Builders called for the “rapid enactment” of a broad “tax extenders” package, including mortgage-debt forgiveness and tax deduction for mortgage insurance premiums. Passing a legislative package of tax extenders that includes the two provisions would provide much-needed certainty to the residential real estate markets, the letter said. Federal Agencies Propose Rule to Expand Access to Private Flood Insurance. Federal banking and credit union regulators and the Farm Credit Administration have published a ...
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Government-Insured Lending Soared In 3Q16 While Jumbo Market Eased Up

November 17, 2016
Most of the lift in third-quarter mortgage originations came from the tail end of the refinance boom, especially in the agency market, according to a new Inside Mortgage Finance analysis. The government-insured market saw a hefty 21.4 percent jump in mortgage originations from the second to the third quarter as the sector reached an estimated $159.0 billion and accounted for 27.4 percent of total first-lien production. It was the second consecutive record quarter for FHA, VA and Department of Agriculture rural-housing production. The conventional-conforming segment was not far behind...[Includes two data tables]
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TRID 2.0: The Comments: Rule Causes Tension to Flare Between Industry Factions

November 14, 2016
  Some of the public comments submitted to the CFPB regarding its TRID 2.0 clarifying rulemaking highlight tensions and rivalries that have emerged between different factions in the homebuying and mortgage-making industry since the original integrated disclosure rule took effect. In its comment letter on the bureau’s proposal, one point of emphasis that JPMorgan Chase raised is that lenders need better cooperation from settlement agents. “The success of the rule largely depends on the collaboration of a…
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TRID 2.0 Poses Software Implementation Challenges

November 14, 2016
Implementing the changes that the CFPB is proposing to its TRID rule will involve the deployment of a considerable amount of resources, time and energy, software vendors told the bureau recently. In a comment letter sent to the bureau, DocMagic said that many of the agency’s proposed changes would require a substantial amount of reprogramming by not only technology vendors but also by creditors, investors and settlement agents. “In addition, each programming change would need to be tested to ensure the software integrations among the thousands of companies in the industry work properly,” the company said. DocMagic also pointed out that it operates SmartCLOSE, which is a collaborative closing portal that allows creditors and settlement agents to collaborate to complete ...
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GSEs Endorse Aspects of TRID That Support Uniform Closing Dataset

November 14, 2016
Government-sponsored enterprises Fannie Mae and Freddie Mac recently expressed support for those portions of the CFPB’s TRID clarifying rulemaking that facilitate their Uniform Closing Dataset, which they developed to support the accurate disclosure of data on the closing disclosure. “The GSEs believe that the bureau should retain the current status of the sample forms, specifically, as model forms under the Truth in Lending Act and standard forms under the rule pursuant to authority under the Real Estate Settlement Procedures Act,” Fannie and Freddie said in a recent comment letter to the bureau. “Much of the required text of the integrated disclosure is dynamic. It is not contained in the blank forms, and instead is only illustrated when the form is ...
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CFPB Issues Some HMDA Data Reminders for the Coming Year

November 14, 2016
The CFPB’s latest supervisory highlights report provides some Home Mortgage Disclosure Act data collection and reporting reminders for 2017. For starters, beginning with HMDA data collected in 2017 and submitted in 2018, responsibility to receive and process HMDA data will transfer from the Federal Reserve Board to the CFPB. “The HMDA agencies have agreed that a covered institution filing HMDA data collected in or after 2017 with the CFPB will be deemed to have submitted the HMDA data to the appropriate federal agency,” the bureau stated. (The HMDA agencies are the CFPB, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corp., the Fed, the National Credit Union Administration, and the Department of Housing and Urban Development.) ...
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