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Home » Topics » Inside the CFPB » Regulation

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Industry Pleased With TRID Delay, But Still Prefers Long Implementation Period to Test and Adjust

June 25, 2015
Most segments of the mortgage industry were relieved to get a two-month reprieve from the effective date of the Consumer Financial Protection Bureau’s integrated disclosures rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act. The bureau this week formally proposed to move the effective date of the controversial new rule from Aug. 1 to Oct. 3. The CFPB said some delay is necessary because it was late in notifying Congress and the Government Accountability Office within 60 days of the rule’s effective date, as is required by the Congressional Review Act. Many in the mortgage industry still want...
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Noncompliance With OCC Consent Order Prompts Harsh Servicing Restrictions for Wells

June 25, 2015
The Office of the Comptroller of the Currency announced last week that six banks subject to servicing-related consent orders established in 2011 will face new restrictions because the banks haven’t met all of the requirements in those orders. The restrictions were particularly harsh for Wells Fargo, the industry’s largest servicer. Wells handled $1.72 trillion in servicing as of the end of the first quarter of 2015, accounting for 17.5 percent of the servicing market, according to Inside Mortgage Finance. Until the consent order is terminated by the OCC, Wells will be prevented...
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Fair Lending Expectations Are Shifting From Pricing Toward Greater Access, Experts Say

June 25, 2015
A number of recent headline-generating fair lending settlements may have focused largely on issues of pricing disparities, but there has been a sea change among policymakers these days moving in the direction of greater access to mortgage credit, some industry experts say. During an Inside Mortgage Finance webinar this week, Jeffrey Naimon, a partner in the Washington, DC, office of the BuckleySandler law firm, said the industry is seeing a pendulum swing from the focal point of concern being loan pricing to loan access. “Especially during the time when subprime loans were available, there was a lot of concern that minority borrowers were being steered into higher-cost subprime loans,” he told attendees. “The adoption of the loan originator compensation rule by the Consumer Financial Protection Bureau affected...
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‘Manual’ Compliance With TRID Won’t Cut It

June 19, 2015
There is a surprising number of smaller mortgage lenders who think they can comply with the Consumer Financial Protection Bureau’s pending integrated-disclosure rule with a substantial amount of manual practices and processes – as opposed to technological automation – and they may well be in for a rude awakening when the new rule kicks in. According to Rod Alba, senior regulatory counsel at the American Bankers Association, approximately one quarter of ...
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Supply of Residential MBS Declined in 1Q15, But Banks Expanded Their Share of the Market

June 19, 2015
The outstanding supply of single-family MBS declined 0.7 percent during the first quarter of 2015, according to a new Inside MBS & ABS market analysis. But that didn’t stop commercial banks from continuing to increase their holdings. Banks increased their aggregate MBS holdings by 3.1 percent from the fourth quarter, pushing their share of the MBS market to 22.9 percent. The only other investor group that managed to increase its stake was the credit union industry, which posted a 1.6 percent increase from the previous quarter. The Federal Reserve finally loosened...
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FOMC Support of MBS Market Continues Apace As Yellen Suggests Rate Increase Later This Year

June 19, 2015
Most participants on the Federal Open Market Committee anticipate an increase in interest rates sometime later this year, and not delaying until 2016, the FOMC indicated after its two-day meeting concluded Wednesday afternoon. Meanwhile, the Fed’s support of the housing market through reinvesting in MBS continues as it has, with no change in the U.S. central bank’s thinking when it comes to the management of its balance sheet. “The committee reaffirmed...
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Recommendation Says Use Treasury Warrants for Housing

June 19, 2015
Contributing Treasury’s warrants for common stock of Fannie Mae and Freddie Mac to the affordable housing funds is one of the ways that the Leadership Conference on Civil and Human Rights says the GSEs can help earmark financial resources toward affordable housing. In a June report published by the Leadership Conference, the organization offered a few of its housing finance recommendations to support affordable housing goals. The report noted that often lost in public discussion of the GSE conservatorships is the fact that the Treasury owns warrants for 79.9 percent of the common stock of both Fannie and Freddie. “The value of the warrants could easily exceed $100 billion,” the group said in its recommendation.
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CFPB Delays TRID Start Date Two Months, Giving Industry More Time to Grapple with Operational Issues

June 18, 2015
Despite having more than 21 months to admire its new integrated disclosure rule before it went into effect, the Consumer Financial Protection Bureau this week found an “administrative error” that would require a two-week delay for the scheduled Aug. 1 launch date. The agency decided to add another six weeks to the delay, making the new effective date Oct. 1, 2015. The CFPB said the additional time is to “accommodate the interests of many consumers and providers whose families will be busy with the transition to the new school year.” What about getting ready...
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Servicing Market Shrank Again in Early 2015 While Nonbanks Expanded Their Share of the Business

June 18, 2015
The outstanding supply of home mortgage debt – even what had been the fastest-growing sector of the market – ebbed in the first quarter of 2015. The Federal Reserve late last week reported the supply of home mortgage debt outstanding fell to $9.855 trillion as of the end of March. That was down 0.3 percent from December 2014 and reversed a modest expansion of the servicing market over the second half of last year. While banks, thrifts and credit unions managed...[Includes two data tables]
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QM Is Only Working Because of the GSE Crutch; Lenders Hobbling Forward With New Products

June 18, 2015
The only thing that kept the qualified-mortgage rule from devastating mortgage production was the temporary loophole that allows Fannie Mae, Freddie Mac and the government-insurance programs to treat loans with debt-to-income ratios above 43 percent as QMs, an industry official said. “Many have referred to QM as the Y2K moment for mortgages: nothing happened. We all thought this thing was going to implode. And yet there wasn’t too much of a glitch,” said Rod Alba, senior regulatory counsel at the American Bankers Association, during the ABA’s annual regulatory compliance conference in Washington, DC, this week. “At the macro level, that’s...
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