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Home » Topics » Inside the CFPB » Regulation

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Vehicle Finance and Credit Card Securitizations Help Fuel Sturdy Increase in ABS Issuance During 3Q16

October 21, 2016
Issuance of non-mortgage ABS increased by 25.5 percent from the second quarter of 2016 to the third, thanks to significant increases in several asset categories, according to a new Inside MBS & ABS analysis and ranking. The market produced $54.05 billion of non-mortgage ABS during the third quarter, the highest output since the second quarter of last year. Despite the gain, year-to-date issuance remained 1.9 percent below the level notched in the first nine months of 2015. A lot of the increase came...[Includes two data tables]
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GNMA Allays Investor Fears with a Revised Policy on Pooling Eligibility for Streamlined Refinance Loans

October 21, 2016
Ginnie Mae has announced a policy change to ease investor concern over recent streamlined refinancing trends involving a small number of mortgage loans in Ginnie pools. The policy change addresses the issue of premature streamline refinancing of certain loans in Ginnie Mae I single-issuer pools that threatens to deflate investors’ expectation of a full 100-percent return on their MBS investments. “Investor participation … depends...
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Industry Groups Urge CFPB to Adopt More Cure Provisions to Boost Secondary Market Activity

October 21, 2016
Mortgage industry representatives are calling upon the Consumer Financial Protection Bureau to do more to facilitate the correction of errors made under the enhanced disclosure regime of the agency’s integrated disclosure rule, to reduce or eliminate disruptions in the secondary market as well as boost access to credit. The pleas were made in conjunction with the industry’s broader response to the CFPB’s proposed clarifying rulemaking related to its so-called TRID rule, issued under the authority of the Truth in Lending Act and the Real Estate Settlement Procedures Act. In a comment letter sent this week to the bureau, the Consumer Mortgage Coalition urged...
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MBS Trading Volume Hit a Yearly High in September. Prepays Ebb as Investors Ponder Next Fed Rate Hike

October 21, 2016
The average daily trading volume of agency MBS hit $223.2 billion in September, the strongest reading of the year and a sign that liquidity in the market has improved. According to figures compiled by the Securities Industry and Financial Markets Association, daily trading volume increased by 17.7 percent compared to the same month a year ago. But the year-to-date averages are much closer: $206.6 billion for 2016 compared to $199.9 billion last year. In the agency space there is...
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LO Apathy Holding Back Non-QM Volume

October 21, 2016
Industry participants looking to originate non-qualified mortgages or acquire the loans continue to insist that the relatively low volume of such loans is due to a lack of effort from lenders. “It’s not that the non-QM space is competing for borrowers that are getting loans elsewhere, it’s that the non-QM space is competing for origination capacity at existing originators,” said Matt Nichols, CEO of Deephaven Mortgage. Many have placed...
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Jumbo Share Nudged Slightly Higher in 2015

October 21, 2016
Jumbo mortgages accounted for 18.3 percent of total first-lien originations in 2015, according to a new Inside Mortgage Finance analysis of Home Mortgage Disclosure Act data recently released by federal regulators. That was virtually unchanged from the 18.1 percent share that jumbo loans held in the 2014 HMDA data. The analyses match conventional loan amounts and county information about the secured property to Fannie Mae/Freddie Mac conforming loan limits, including adjustments for high-cost markets, in effect at the time. Purchase mortgages accounted...[Includes two data tables]
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Mortgage M&A Market Mostly Subdued; Flagstar in the Hunt for Retail Franchises

October 20, 2016
According to investment bankers, there continues to be plenty of talk about mergers and acquisitions in the mortgage industry, but deals just aren’t getting done for the simple reason that the primary targets – midsized nonbanks – are posting strong profits and want top dollar for their franchises. “We’re still having conversations with potential buyers,” said Chuck Klein, managing partner with Mortgage Banking Solutions, Austin, TX. “But there continues to be a wide gap between the bid and the asking price.” Klein also noted...
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Industry Groups Urge CFPB to Extend the Diagnostic Approach to TRID Enforcement

October 20, 2016
A number of mortgage trade groups this week called upon the Consumer Financial Protection Bureau to extend its current “diagnostic” approach to enforcing the agency’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rule. The groups were responding to the CFPB’s request for public comments on its proposed TRID clarifying rulemaking, which was issued at the end of July. It’s...
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PHH Ruling Expected to Slow CFPB’s Enforcement Roll, But Just How Much is a Matter of Debate

October 20, 2016
Last week’s closely-watched appeals court ruling in the wrangling between PHH Mortgage and the Consumer Financial Protection Bureau over Section 8 of the Real Estate Settlement Procedures Act is being widely viewed by many as a clipping of the agency’s wings. But expectations about just how restrained the CFPB will be in enforcement actions going forward vary from compliance attorney to compliance attorney. Lawyers with the Stinson Leonard Street law firm pointed out that the director still holds all of the same enforcement power as before, despite the court’s conclusion that the bureau’s leadership structure, with a sole, independent director who can only be removed for cause, is unconstitutional. “For example, the CFPB administrative appeals process is...
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Ruling that CFPB Sole-Director Structure Is Unconstitutional Could Be Applied to FHFA

October 20, 2016
A federal court ruling that the Consumer Financial Protection Bureau’s structure is unconstitutional raises questions that similarly-structured agencies such as the Federal Housing Finance Agency could also be challenged. A DC Circuit Court judge in the PHH Corp. v. Consumer Financial Protection Bureau case ruled that the CFPB’s single-director structure was not constitutional because it lacked a multi-member board of directors and its sole director cannot be fired without cause. In court, lawyers from the CFPB called...
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