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Home » Topics » Inside the CFPB » Regulation

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Mortgage Lending Sole Bright Spot For Consumer Complaints YOY

January 12, 2015
The residential mortgage space was the only sector in the large financial services universe to see a year-over-year decline in consumer complaints filed with the CFPB, according to a new analysis by Inside the CFPB. The positive performance, a drop of 14.5 percent, is most likely due to the continued recovery in the overall economy as well as the housing market, which is reducing the stresses that produce delinquencies, defaults and foreclosures, which are associated with high levels of borrower gripes.A lesser contributing factor to consumer criticisms in the “resi” space could be the steep drop-off in mortgage originations over the last year, which could be reducing the overall pool from which origination-related belly-aching originates. [With two exclusive charts] ...
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Service Members May be Getting Gouged on Rates, Fees: CFPB

January 12, 2015
Loopholes in the current Military Lending Act rules are allowing lenders to offer high-cost consumer loans to military families by skirting the 36 percent rate cap – in some cases, charging more than 300 percent – as well as sticking them with excessive fees for the products they use, according to recent comments and a report by the CFPB. The MLA is implemented by the Department of Defense, and is enforced by the bureau and other federal regulators. The CFPB filed a comment letter in support of the DOD’s recent proposal to broaden the scope of the MLA rules to cover deposit advance products, and more types of payday, auto title and installment loans. Currently, the MLA rules provide service members and ...
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Plenty of Investigations Underway At the Bureau, Report Suggests

January 12, 2015
The CFPB’s second report to the appropriations committees of both the U.S. Senate and the House of Representatives suggests the bureau has a full plate when it comes to enforcement-related probes of financial services providers. For instance, “Investigations currently underway span the full breadth of the bureau’s enforcement jurisdiction,” the report stated. “Further detail about ongoing investigations will not generally be made public by the bureau until a public enforcement action is filed.” Elsewhere, the report reminded lawmakers that the bureau was a party in 41 public enforcement actions from Oct. 1, 2013, through Sept. 30, 2014, the period covered by the report, and it proceeded to highlight all of them.However, not all of them have been settled, such ...
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Worth Noting

January 12, 2015
TRID Projected to Cost $527 Million a Year. A new analysis of the costs of government regulation by Sam Batkins, director of regulatory policy at the center-right American Action Forum, estimates that the integrated mortgage disclosure rule promulgated last year by the CFPB will cost the industry $527 million annually. The TILA/RESPA integrated disclosure rule – or “TRID” – is scheduled to take effect Aug. 1, 2015, unless the mortgage industry can convince the CFPB to provide a delay. Elsewhere, Batkins projects compliance with all of the bureau’s 2014 regulations to cost the financial services industry $2.1 billion. All of the CFPB’s regulations since its inception in 2011 are estimated to cost $3.6 billion and 38.9 million hours to comply with. Of ...
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Bureau Minutiae/Vendor/Compliance News/Looking Ahead

January 12, 2015
CFPB Raises TILA Reg Z Exemption Threshold. The CFPB raised the asset size for banks exempt from the requirement to establish an escrow account for higher-priced mortgages under Regulation Z (Truth in Lending Act) from $2.028 billion to $2.060 billion, as of Jan. 1, 2015. The adjustment is based on the 1.1 percent increase in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the 12-month period ending in November 2014. The adjustment to the escrow exemption asset-size threshold will also increase a similar threshold for small-creditor portfolio and balloon-payment qualified mortgages. CFPB Increases HMDA Reg C Exemption Threshold. The bureau slightly ratcheted up the asset- size exemption threshold for financial institutions reporting ...
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Investors Continue to Bid Up the Price of Agency MBS; 105-Plus for a Fannie 3.5 Percent MBS

January 9, 2015
MBS investors this week continued to bid up the price of agency product in the wake of rock-bottom oil prices and economic fears about Asia, Europe and any oil-producing nation that relies too heavily on the energy sector. According to figures compiled by MBS Quoteline, at one point this week investors were paying 105.10 for Fannie Mae MBS with a coupon of 3.5 percent. Back in October the bid on the Fannie 3.5 was a mere 101.83. “Who would pay 105...
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Jumbo MBS Issuance Increases Toward End Of 2014, Falls Well Short of Peak Seen in 2013

January 9, 2015
The strong growth in issuance of jumbo mortgage-backed securities seen since 2010 stumbled in 2014, according to a new ranking and analysis by Inside Nonconforming Markets. Some $9.79 billion in jumbo MBS were issued last year, down 25.4 percent from activity in 2013. Issuance has been constrained by bank portfolio demand for jumbo mortgages. The spike in interest rates in 2013 led to nine months of very low issuance. Rates have since fallen and a number of new jumbo MBS issuers have entered the market, but quarterly volume has struggled to reach the levels seen in early 2013. Those looking for a silver lining could...[Includes one data chart]
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Non-Agency Lenders Adapt to ATR Standards

January 9, 2015
Lenders are getting more comfortable with the Consumer Financial Protection Bureau’s ability-to-repay rule, according to industry participants. Loans that do not meet standards for qualified mortgages are only available in the non-agency market and most have been retained in portfolio to this point. Many lenders participating in a recent roundtable hosted by Standard & Poor’s said interest-only mortgages continue to be attractive products, even though the loans are non-QMs. “These loans have been originated post-crisis, and originators expect to continue lending to high-quality borrowers with substantial equity in their properties,” S&P said in a summary of the roundtable discussion. A large bank lender at the S&P roundtable said...
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Prepayment Penalties Could Help Non-Agency MBS

January 9, 2015
More investors would be willing to buy new non-agency mortgage-backed securities if loans in the deals had prepayment penalties, according to an industry analyst. The penalties offer investors protection, but their use has been limited by the Consumer Financial Protection Bureau’s ability-to-repay rule, among other factors. Lawrence White, a professor and deputy chair in economics at the New York University Stern School of Business, suggested that the non-agency MBS market would see increased demand from investors, particularly insurance companies, if loans in non-agency MBS included prepayment penalties. “These institutions have largely stayed...
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News Briefs

January 9, 2015
Standards for qualified-residential mortgages along with risk-retention requirements for certain non-agency mortgage-backed securities take effect Dec. 24, 2015. The final rule establishing the implementation date was published in the Federal Register at the end of December 2014. Federal regulators first detailed...[Includes two briefs]
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