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Home » Topics » Inside the CFPB » Regulation

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FDIC Revises Securitization Safe-Harbor Rule to Jibe With CFPB Mortgage Loan Servicing Requirements

June 24, 2016
The Federal Deposit Insurance Corp. this week revised its securitization safe-harbor rule to clarify loss mitigation standards for mortgage servicers to synchronize it with the similar requirements issued by the Consumer Financial Protection Bureau. The FDIC safe-harbor rule sets standards under which the agency will not attempt to capture assets of a failed bank that are transferred to qualifying securitizations. Under the previous rule, servicers of residential mortgages backing MBS that enjoy safe-harbor status were required to take loss mitigation action within 90 days after the loan becomes delinquent. In January 2013, the CFPB adopted...
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Single-Security Transition Could Become Model for Figuring Out What to Do With GSE MBS After Reform

June 24, 2016
Mortgage-finance reform doesn’t look to be anywhere on the horizon, but at some point government policymakers will have to figure out what to do with trillions of dollars of Fannie Mae and Freddie Mac MBS if the two government-sponsored enterprises are put out to pasture. In fact, the transition to a new GSE single security that’s scheduled to start in 2018 could become a test run of sorts for the even bigger changes ahead, according to a paper published by the Urban Institute. Crafted by five mortgage-industry veterans, “A More Promising Road to GSE Reform” is centered on the creation of a new government corporation that would replace Fannie and Freddie. The National Mortgage Reinsurance Corp. would issue...
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S&P Claimed Top Billing in Rating Non-Mortgage ABS In 1Q16, Fitch Was Most Active in Non-Agency MBS

June 24, 2016
Standard & Poor’s lost a little market share in the business of rating non-mortgage ABS during the first quarter of 2016, but the firm still was the most active player in the market, according to a new ranking by Inside MBS & ABS. S&P rated 58.4 percent of the $41.42 billion of non-mortgage ABS issued in early 2016, down from its 61.5 percent share for all of last year and its 64.1 percent share back in 2014. The company’s strong suit was in vehicle-finance ABS, where it rated 64.7 percent of the market, by dollar volume. While S&P’s share was up slightly in a few categories, its stake in the credit card ABS segment fell...[Includes two data tables]
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Is the TRID Good-Faith Compliance Phase Over? Industry, Regulator, Attorney Accounts Are Split

June 23, 2016
Late last week, news broke of a conversation from a closed session at the American Bankers Association conference in San Diego that the “sensitive” approach by regulators to respect lenders’ good-faith efforts to comply with the Consumer Financial Protection Bureau’s integrated disclosure rule may have come to an end. According to one well-placed source, the CFPB and the other regulators – the Federal Reserve, the Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency – have decided that they will start examining banks for technical compliance with TRID, begin requiring restitution to affected borrowers, and start citing banks that are in non-compliance. “Apparently, the message is...
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Sales of Ginnie Servicing Prove Difficult; Deals Are Getting Done, But Risk of FHA MIP Cut Overhangs the Market

June 23, 2016
The sale of residential mortgage servicing rights has been gaining steam the past few weeks – unless you happen to be in the market for Ginnie Mae product. In particular, there’s a growing concern about price discounts on Ginnie servicing rights, and a strong belief that the agency – including its president, Ted Tozer – is once again getting anxious about so many nonbanks being such large players in the market. Tozer is so concerned about the matter that the agency – with the help of the Mortgage Bankers Association – is hosting what’s been described as a “liquidity summit” in Washington, DC, with several stakeholders and regulators, including officials from the Federal Reserve and U.S. Treasury. The summit, closed to the media, is scheduled for June 24. Ginnie issued...
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VA Program’s IRRRL Production on Upward Swing, FHA Streamlined Refinancing Activity Slowing Down

June 23, 2016
Streamlined mortgage refinancing with FHA and VA guarantees continued its strong growth in the first quarter of 2016, thanks mainly to low interest rates and program features, according to an analysis of agency quarterly and monthly reports. Agency-backed streamlined refinancing refers to the refinance of an existing FHA or VA loan requiring limited borrower credit documentation and underwriting and no appraisal. Streamlining applies only to the amount of documentation and underwriting the lender must perform and not to the costs in the transaction. VA IRRRL (interest rate reduction refinance loans) production rose...
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Housing Outlook Remains Stable, But First- Timers Face Affordability, Credit Challenges

June 23, 2016
The housing market has been fairly stable in 2016, but industry insiders say decreased affordability and credit access could impede the multiyear housing recovery. With interest rates lower than expected, the Mortgage Bankers Association raised its 2016 origination forecast to $1.60 trillion in May from its January projection of $1.38 trillion. It expects purchase originations to increase in 2017 and 2018, thanks to economic growth and a strong job market. But many first-time homebuyers may be...
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CFPB Seeks to Protect its Privileged Supervisory Records in Case Against Ocwen Loan Servicing

June 23, 2016
Earlier this month, the Consumer Financial Protection Bureau asked to intervene in a federal whistleblower case brought against Ocwen Loan Servicing in order to protect the confidentiality of its supervisory information. “The bureau seeks to intervene for the limited purpose of invoking the bank examination privilege and the bureau’s regulations to protect confidential and privileged bureau supervisory records and information related to the bureau’s supervision of Ocwen,” the CFPB said in its motion filed in U.S. District Court for the Eastern District of Texas, Sherman Division. Counsel for the relators in the case, Michael Fisher and Brian Bullock, and the defendants, Ocwen Loan Servicing and Ocwen Financial Corp., told...
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Interest-Only Originations Increase in First Quarter

June 17, 2016
Originations of interest-only mortgages increased sharply in the first quarter of 2016, according to a new analysis by Inside Nonconforming Markets. A group of 12 lenders originated $8.72 billion in IOs in the first quarter, up 26.9 percent from the previous quarter and a 29.8 percent increase from same period in 2015. IO originations in the first three months of 2016 even topped the $8.61 billion in IO originations by the lenders in the second quarter of 2015. [Includes one data chart] ...
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MBS Outstanding Held Steady in Early 2016; Foreign Buyers, Pension Funds Boost Holdings

June 17, 2016
The outstanding supply of single-family MBS in the market fell slightly in the first quarter, but you have to go two paces to the right of the decimal point to see it. A new Inside MBS & ABS analysis indicates that outstanding MBS totaled $6.407 trillion as of the end of March. That was down 0.01 percent from the previous quarter, stalling a steady expansion of the market that took place in 2015. And with a modest 0.2 percent increase in total single-family mortgage debt outstanding, the modest contraction in MBS nudged...[Includes two data tables]
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