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Home » Topics » Inside the CFPB » Regulation

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Lenders Lower Credit Scores for FHA Loans

February 14, 2014
Buoyed by improvement in FHA loan quality, some lenders have begun lowering the credit score requirements for FHA and other government-backed mortgages. Last month, Wells Fargo alerted FHA lenders of its decision to lower the minimum credit score for purchase home loans through its retail channel from 640 to 600. “We felt it was an appropriate time to do it given the improvement in FHA loan quality,” a spokesman explained. “The change applies to all FHA borrowers. Last year’s resolution of the FHA indemnification issue also prompted the change at Wells Fargo, according to a bank official. In addition, resolving the putback risk with ...
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Lenders to Face Greater Fair Lending Risk as CFPB Takes First Step Toward More HMDA Reporting

February 13, 2014
Future changes to Home Mortgage Disclosure Act regulations may shed more light on how lenders adapt to the new ability-to-repay rule, as well as assessing the role of credit history and payment burden in the lending process and mortgage pricing. The Consumer Financial Protection Bureau late last week took the opening steps in overhauling HMDA reporting requirements under provisions included in the Dodd-Frank Act. Among the changes on the table are disclosing the loan term, total points and fees, the length of any teaser or introductory rate, and the applicant or borrower’s age and credit score. Also, the CFPB is...
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Obama Administration Remains Aloof to HARP 3.0 Expansion, Legislation ‘Doubtful’

February 13, 2014
The idea of expanding the Home Affordable Refinance Program may never die, but comments this week show the Obama administration has little interest in reviving it. During a question-and-answer event this week sponsored by Politico, Department of Housing and Urban Development Secretary Shaun Donovan made it clear that HUD will not push for an expansion of HARP. While more could be done for non-agency borrowers, he said that would require legislation. “I think we should continue to look at everything we are doing in marketing it … but I think this is something we ought to continue to look at on the legislative front,” said Donovan. An industry lobbyist said...
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CFPB Enforcement Increasingly Likely to Originate With Compliance Issues Found During Examinations

February 13, 2014
Mortgage industry attorneys expect to see more Consumer Financial Protection Bureau enforcement actions in the future stemming from compliance deficiencies that were dug up during the supervisory examination process. “One of the things that we saw towards the last quarter of 2013 was a couple of enforcement actions which grew directly out of supervisory exams,” Allyson Baker, a partner in the litigation group at the Venable law firm, said during a webinar this week sponsored by Inside Mortgage Finance. Baker, formerly an enforcement attorney with the CFPB, was referencing...
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Shareholders, Affordable Housing Demands Hold Up GSE Reform

February 7, 2014
Despite new public pronouncements by lawmakers and administration officials that housing finance reform remains a “top priority,” industry observers warn there is little chance of legislation clearing Congress, ensuring a status quo that leaves the uber-profitable Fannie Mae and Freddie Mac in place and pumping money into the Treasury. Senate Banking, Housing and Urban Affairs Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, broke a long public silence by reiterating their intention to push bipartisan housing finance reform in a statement on Wednesday.
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CFPB Streamlines Post-Exam Reports, Highlights Mortgage Servicing Violations, Supervisory Actions

February 6, 2014
The Consumer Financial Protection Bureau has decided to streamline its post-examination reporting, apparently in response to banker concerns about prompt feedback regarding lender compliance with federal consumer financial laws. In a new supervisory highlights report, the CFPB said it would stop using written recommendations – opting for oral, on‐site guidance instead. The bureau also will combine all issues it expects a bank to address into a single section called “matters requiring attention.” The agency also decided...
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Panel: Treasury’s Seizure of Fannie, Freddie Profits Breaches Shareholder Rights, Future Investor Trust

February 6, 2014
The Treasury Department’s surprise move in the summer of 2012 to rewrite the Senior Preferred Stock Purchase Agreements it had with Fannie Mae and Freddie Mac was an “unlawful” action that could have a far-reaching impact well beyond the shareholders of the two government-sponsored enterprises, according to an attorney representing shareholders. Speaking Wednesday at a forum sponsored by Ralph Nader’s Shareholder Rights advocacy group, attorney Ted Olson of Gibson Dunn & Crutcher said Treasury’s Third Amendment to the PSPA was a calculated effort by the Obama administration to ensure that GSE stockholders got nothing, according to internal Treasury documents they obtained. The amendment replaced the quarterly GSE dividend payment with a net-worth sweep of all company profits. Perry Capital, represented by Olson, is...
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Will a QM/QRM Environment Transition the Industry to More of an Originate-to-Hold Model?

February 6, 2014
The Federal Reserve’s move to reduce its purchases of agency mortgage-backed securities may eventually change the relative costs and benefits of financing new production through Fannie Mae, Freddie Mac and Ginnie Mae. “We’re in an environment where I think banks are going to get interested in at least the more attractive credit risks and holding those in portfolio,” said Mark Calabria, director of financial regulation studies at the libertarian Cato Institute in Washington, DC. “So, to me, the most important question going forward over the next two years for the MBS market is how much of this [new production] is going to make its way into MBS and how much will be held on balance sheets as whole loans.” Calabria predicted...
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No Need to Reinvent the Wheel To Comply with New Disclosures

February 3, 2014
As mortgage lenders begin preparing for the new mortgage disclosure regime being instituted by the CFPB’s final rule, they should revisit lessons learned during their previous adventures with the Truth in Lending Act and the Real Estate Settlement Procedures Act. “RESPA reform from January 1, 2010, is still close in many of our minds, and we remember back to ’09 being a year that we spent a massive amount of time implementing that new regulation,” said Amy Thoreson Long, senior counsel in the consumer lending division at Wells Fargo. Then in 2010...
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‘Taper’ Proceeds Apace as the FOMC Scales Back Its Market Support by Another $10 Billion

January 31, 2014
The Federal Reserve’s Open Market Committee fulfilled investor expectations this week by voting to reduce its support of the financial markets by another $10 billion overall, starting next month. That will reduce its targeted monthly increase in its agency MBS portfolio from $35 billion to “just” $30 billion. With new production of agency MBS falling more quickly than the central bank’s targeted purchases, the Fed may actually be taking a larger chunk of the market. When the Fed announced a $5 billion per month reduction in its MBS growth target in November, actual agency MBS issuance declined by more than twice as much, $11.3 billion, from the previous month. The FOMC said...[Includes one data chart]
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