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Home » Topics » Inside the CFPB » Regulation

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Developments, Delays, Oral Arguments in Fannie, Freddie Shareholder Lawsuits

May 6, 2016
Private shareholder lawsuits against the U.S. Treasury’s net worth sweep of Fannie Mae and Freddie Mac profits are inching forward, including a squabble over the Federal Housing Finance Agency’s bid to consolidate several cases in one court. The Federal Housing Finance Agency said the proposed transfer would prevent future “copycat” cases and ensure a more consistent ruling across the board by having all of the cases heard in one court instead of scattered in different jurisdictions throughout the country. Private plaintiffs, including Tim Pagliara, director of shareholder group Investors Unite, filed...
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New TRID Rulemaking Eases Secondary Market Anxiety, But How Far Will the CFPB Go on Assignee Liability?

May 6, 2016
Although the Consumer Financial Protection Bureau is still months away from officially clarifying certain parts of its complicated integrated disclosure rule known as TRID, the secondary market – and some attorneys – are already breathing a sigh of relief. But the big question remains: how far will the agency go? And will it provide enough clarity to ease the fears of buyers about being sued for monetary errors? The rule, which integrated consumer disclosures under the Truth in Lending Act and Real Estate Settlement Procedures Act, became...
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Non-QM Originations Grow with Focus On Purchase Loans, Challenges Remain

May 6, 2016
Lenders are getting more comfortable with originating non-qualified mortgages, particularly as opportunities to complete refinances decline. Non-QMs accounted for 14.0 percent of mortgages originated by 159 banks in 2015, up from a 10.0 percent share of originations the previous year, according to a survey by the American Bankers Association. “More banks are adjusting underwriting criteria to target selected non-QM loan opportunities,” the trade group said. The ABA found...
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TRID Guidance to Help Non-Agency, Eventually

May 6, 2016
After months of pleading by participants in the non-agency market, Consumer Financial Protection Bureau Director Richard Cordray said the agency will issue formal guidance regarding the TRID mortgage disclosure rule. The announcement last week regarding issues involving requirements under the Truth in Lending Act and the Real Estate Settlement Procedures Act prompted relief and apprehension among industry participants. And help for the non-agency market doesn’t appear to be moving quickly, as Cordray said the effort will start with a notice of proposed rulemaking in late July. Cordray revealed...
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New Developments at Leading Jumbo REITs

May 6, 2016
Announcements by two real estate investment trusts that are prominent in jumbo lending underscore two key themes in the market: increased competition and the lingering headache caused by the TRID disclosure rule. Redwood Trust recently launched an “expanded prime” program known as “Redwood Choice” for correspondent sellers. “The Choice program is a prime program that is fully documented, but with credit parameters outside our more recent underwriting guidelines,” Redwood said. Choice features...
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News Briefs

May 6, 2016
Caliber Home Loans recently loosened the standards for one of its non-qualified mortgage products. The lender’s “Fresh Start” mortgage now allows loan-to-value ratios up to 85.0 percent, up from 80.0 percent. And private mortgage insurance isn’t...[Includes five briefs]
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CFPB Relents, TRID 2.0 Coming This Summer As Industry Prepares its Wish List for Changes

May 5, 2016
After months of public and private criticism and pressure – and perhaps some behind-the-scenes button holing – the Consumer Financial Protection Bureau has decided to yield to the clamoring about its integrated disclosure rule and come out with another rulemaking perhaps as early as late July that will provide “greater certainty and clarity.” Late last week, in a letter to various industry trade groups, CFPB Director Richard Cordray acknowledged that the implementation of the TRID rule poses many operational challenges and is “particularly challenging because of the diversity of the participants” in the industry. He also said...
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Some Nonprime/Non-QM Lenders Get Right With TRID and Expect to Double Production This Year

May 5, 2016
Like the rest of the industry, the small but growing nonprime sector has struggled with the integrated disclosure rule known as TRID, but for the most part such lenders have adjusted and are now seeing a noticeable increase in both applications and production. At least that’s the view of two of the largest players in the market: Angel Oak Mortgage Solutions, Atlanta, and Citadel Servicing Corp., Irvine, CA. Each firm now expects to fund between $800 million and $850 million this year. They did...
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Nonbank Servicers Increase HAMP Share, Prompting More Calls for Greater Regulation

May 5, 2016
The rising role of nonbanks in the Home Affordable Modification Program along with a perceived lack of oversight has a HAMP watchdog calling for greater regulation of nonbank servicers. Nonbank servicers currently handle the majority of loans in HAMP, a shift from the early years of the federal program when the majority of mortgages were serviced by large banks. In a report released last week, the Special Inspector General for the Troubled Asset Relief Program noted...
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GSEs Dodge Treasury Draw Despite Freddie Loss and Sharp Drop in Fannie Net Income

May 5, 2016
An unanticipated decline in interest rates soured the hedging bets placed by Fannie Mae and Freddie Mac during the first quarter of 2016, leading to sharply lower net income at the two government-sponsored enterprises. The two GSEs booked a combined $7.37 billion in net derivative losses for the first quarter that nearly washed out income from their core businesses. Since 2012, when the two GSEs became profitable again, they have booked huge $23.46 billion in hedging losses. “As we’ve said for over a year now, our quarterly financial results are...
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