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Home » Topics » Inside the CFPB » Regulation

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Industry Vendor Offers Warranty Coverage for TRID Defects

October 19, 2015
ComplianceEase, an automated compliance solutions provider based in Burlingame, CA, has come out with an insurance-backed warranty program for loans that have been audited by its ComplianceAnalyzer solution. The program, called AssureCert, provides warranty coverage for compliance defects, including ones related to the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule (TRID) and the ability-to-repay/qualified mortgage regulation, as well as federal and state consumer lending and high-cost laws and regulations. “The new QM and TRID rules have exposed lenders and investors to civil lawsuits, as well as fines and repurchase risk,” said John Vong, president of ComplianceEase. “Our insurance-backed AssureCert warranty will offer our clients – both large and small –additional protection and peace of mind.” The ...
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In Brief/No Comment

October 19, 2015
Bank of America Pulls the Plug on All Marketing Services Agreements. Bank of America, the third-largest residential retail lender in the U.S., has pulled the plug on all marketing services agreements it has with realty firms, sibling publication IMFnews reported last week. The bank confirmed the move to the newsletter, noting that it will discontinue all “space rental agreement programs due to recent regulatory developments.” It added: “We expect our MSA agreements will conclude by Nov. 1, 2015, and we will terminate our lease agreements for space in accordance with their terms. While the decision to wind down our MSA and SRA programs was difficult, the end of these programs allows us to pursue different ways we might help builders ...
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As Low Interest Rates Continue to Defy Market Expectations, MBS Prices Head North Again

October 16, 2015
Did anyone expect the yield on the benchmark 10-year Treasury to be hovering at just over 2.0 percent as November approached? Not really, but the recent downdraft in rates has once again caused bond prices – MBS in particular – to increase, a development warming the hearts of investors. Then again, MBS investors hedging their positions might be...
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Jumbo Purchase Mortgages Topped Refis In 2014; Jumbo Mother Lode in California

October 16, 2015
Originations of purchase mortgages outpaced refinances in the jumbo market in 2014, according to a new ranking and analysis by Inside Nonconforming Markets of Home Mortgage Disclosure Act data. Some $135.88 billion in jumbo purchase mortgages was reported under HMDA in 2014, accounting for 60.6 percent of loans that exceeded agency conforming loan limits, including those in high-cost markets. In 2013, purchase mortgages accounted ... [Includes two data charts]
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Significant Expansion Set for HMDA Reporting

October 16, 2015
The Consumer Financial Protection Bureau issued a final rule this week that will significantly expand the data collected under the Home Mortgage Disclosure Act. Many of the newly required data fields are aimed at giving federal regulators better information regarding discriminatory lending practices. The reporting requirements will start to take effect at the beginning of 2018. Among the new fields required to be reported under HMDA are credit scores, debt-to-income ratios ...
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Industry, Analysts Anticipate Positive Audit Results for MMIF

October 16, 2015
Some observers say the reduction in the annual mortgage insurance premium earlier this year has put the FHA Single Family Mutual Mortgage Insurance Fund on an accelerated path to recovery. Whether that is enough to get the fund back to its statutory 2 percent capital reserve ratio remains to be seen. The FHA is getting stronger faster, said Brian Chappelle, a mortgage industry consultant, in an analysis foreshadowing the FHA’s November actuarial report on the state of the MMIF. Last year’s independent actuary projected FHA’s total loan production in 2015 at $124 billion, but the MIP cut has led to a 60 percent increase in the volume forecast, said Chappelle. In all likelihood, the FHA could be looking at more than $200 billion in total originations this year, he predicted. “When a business lowers its prices, it’s going to make it up in volume,” the consultant noted. “Thus, FHA revenue is going to be ...
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VA Loan Deficiencies Down in April, Higher Year Over Year

October 16, 2015
The number of VA loans with a deficiency fell in April from March but was up 71.7 percent from the same period a year ago, according to the VA Lender Report Card. The report card includes VA loan reviews and deficiencies by month from April 2014 through April 2015. VA loan originations over the one-year period totaled 563,967, the report showed. Of those loans, 303,149 were purchase loans, 162,447 were streamlined refinances, and 98,371 were cash-out refis. A total of 39,037 loans were reviewed by VA, which comprised about 7.0 percent of total volume. Altogether, 14,793 loans (37.9 percent) had deficiencies. The average deficiency response time was 28.1 days. Of the 1,726 loans the VA examined in April, 613 (35.5 percent) contained deficiencies, down from 1,234 loans (33.7 percent of 3,662 loans reviewed) that were found with flaws in March. The number of deficient loans found in ...
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Servicers Must Report Abandoned, Vacant Homes to VA Right Away

October 16, 2015
A VA mortgage servicer must immediately schedule an inspection and protect a property securing a VA loan if the property has been left vacant or abandoned by its owners. According to new guidelines issued by the VA, loan servicers must conduct an inspection immediately after becoming aware that the property’s physical condition may be in jeopardy. If local codes require more extensive protection than what VA requires, servicers should adhere to local requirements, the agency said. Failure to protect and preserve the collateral may result in a reduced guaranty claim if the servicer’s failure increased the VA’s liability on the loan. Unless the loan is undergoing loss mitigation, a property inspection is also required before the 60th day of delinquency or before starting foreclosure, whichever is earlier, the VA said. In addition, a property inspection will be required at least once a month after ...
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Is loanDepot’s IPO an Aberration? There Doesn’t Seem to be Many Other Candidates on the Horizon

October 15, 2015
loanDepot’s initial public offering of stock – $100 million is the target capital raise – is viewed as a bullish sign for the mortgage industry, especially nonbanks, but don’t expect a long line of imitators, at least not yet. Advisor Joe Garrett, who runs Garrett, McAuley & Co., isn’t quite sure what to make of the recent IPO news, stating bluntly: “I’m sure it will get a lot of ‘wannabes’ hot and bothered.” Garrett noted...
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CFPB Guidance on MSAs Seen as Strong Warning To Reconsider or Reject Such Arrangements

October 15, 2015
The Consumer Financial Protection Bureau’s new guidance on mortgage services agreements has given the industry little confidence about such arrangements and likely helped push another major lender, Bank of America, to shutter its MSA ventures. BofA decided to the pull the plug on all marketing services agreements it has with realty firms, including RE/MAX. The bank told IMFnews, an affiliated daily service, that it will discontinue all “space rental agreement programs due to recent regulatory developments.” Its MSA agreements will end...
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