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Fannie Mae Clarifies Expectations Re: TRID Error Self-Reporting

June 14, 2016
Fannie Mae recently provided sellers with a little more guidance on its expectations related to lender self-reporting of errors in complying with the CFPB’s new disclosure regime under the Truth in Lending Act and the Real Estate Settlement Procedures Act.
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TRID May Help Extend the Push Toward Paperless Mortgage: Survey

June 14, 2016
The 11th annual Xerox Path to Paperless Survey finds what appears to be an accelerated pace toward making the paperless mortgage a reality. And the CFPB’s integrated disclosure rule known as TRID is apparently helping.
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Jumbo MBS Issuance Resumes Even as Industry Waits for Formal Guidance on TRID from CFPB

June 10, 2016
The so-called TRID-lock seen in the jumbo MBS market since October appears to be easing as both Redwood Trust and JPMorgan Chase have come to market with deals that include some loans with compliance problems. Before this week, only one jumbo MBS included mortgages subject to TRID, a deal from Two Harbors Investment in March. Many industry participants blamed...
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Lack of TRID Guidance Prompts Fannie Mae to Issue More Clarification Re: Self Reporting Errors

June 9, 2016
Government-sponsored enterprise Fannie Mae recently issued some additional guidance to its mortgage lender partners about self-reporting deficiencies in complying with the Consumer Financial Protection Bureau’s integrated disclosure rule known as TRID. In a new selling-guide announcement, Fannie said, “Lenders are not obligated to self-report any matters related to possible TRID non-compliance, regardless of the number of loans involved, except in two limited circumstances where a repurchase demand is an authorized remedy.” The first circumstance is...
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Broad Coalition Urges CFPB to Protect Borrowers, Homeowners with Limited English Proficiency

June 9, 2016
A coalition of multi-sectoral groups is urging the Consumer Financial Protection Bureau to work with other federal agencies to provide strong protections for mortgage applicants and homeowners who have limited English proficiency (LEP). The Americans for Financial Reform, an umbrella organization for more than 200 civil rights, consumer, labor, business, investors, faith-based, and civic and community groups, said that while the CFPB has taken steps to assist LEP consumers, the agency and federal banking regulators should go further to make the mortgage marketplace fully and fairly accessible to these consumers. “Mortgage origination and servicing must be...
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TRID Loans, Risk Retention a Focus On New Jumbo MBS From Redwood

June 3, 2016
A new jumbo MBS from Redwood Trust will mark the second non-agency MBS to include mortgages subject to the TRID mortgage disclosure rule. The real estate investment trust plans to issue a $344.89 million deal next week, according to a presale report from Kroll Bond Rating Agency. The rating service said 366 mortgages, accounting for 74.8 percent of the loan pool, are subject to the combined Truth in Lending Act/Real Estate Settlement Procedures Act rule. Redwood will issue...
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Wells Fargo Dodges a Bullet as CFPB Brings Unusual Enforcement Action Against a Former Loan Officer

June 2, 2016
Wells Fargo, the nation’s top-ranked mortgage lender, appears to have escaped unscathed from the scrutiny the Consumer Financial Protection Bureau directed toward a former loan officer, an investigation which resulted in an $85,000 fine and a one-year ban from working in the mortgage industry. Last week, the CFPB announced a consent order with David Eghbali, formerly an LO for Wells’ Wilshire Crescent branch in Beverly Hills, CA, from November 2007 through July 2015. The bureau accused him of referring a substantial number of loan closings to a single escrow company, New Millennium Escrow, Inc., which allegedly shifted its fees from some customers to others at his request. “In exchange for the flexibility to shift fees from some loans to others, respondent [Eghbali] referred...
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Life Under TRID: Mixed Signals on Whether CFPB is Examining for TRID Compliance

May 31, 2016
Maybe it’s just a matter of semantics. But mortgage lending trade group officials, industry attorneys and compliance professionals seem to be sending mixed signals as to whether the CFPB is now examining lenders for compliance with the controversial integrated disclosure rule, TRID. Rod Alba, senior vice president of mortgage markets, financial management and public policy for the American Bankers Association, told Inside the CFPB that his organization is not hearing that the bureau has started TRID compliance reviews. “Although our members report that examiners are inquiring about TRID implementations, and may be looking at one or another disclosure packet, they are generally assuring that the bank is engaged in active TRID implementation and trouble-shooting,” Alba said. “The banks we heard ...
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Former CFPB Official Still Sees Plenty of Challenges Ahead

May 31, 2016
The CFPB deserves a lot of credit for successfully taking on so many challenges simultaneously when it was created by the Dodd-Frank Act, a former bureau official said. Yet, numerous challenges continue to confront the bureau. “I think, from an accomplishment perspective, it’s been amazing for the bureau to be able to establish the infrastructure for a brand new federal agency at the same time that it’s been very active in evolving new rules and also pursuing supervision and enforcement and consumer response activities,” said Quyen Truong. She is a former assistant director and deputy general counsel of the CFPB from 2012-2016 (right after the Elizabeth Warren era), having joined Stroock & Stroock & Lavan LLP as a partner in ...
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Other News in Brief

May 31, 2016
More Gripes About TRID Dribble In. After what seemed like a lull in hearing complaints from lenders regarding the integrated disclosure rule known as TRID, the gripes are picking up again. At least that’s what we detected from some originators a few days ago. One loan broker who works the southern California market said she’s been telling some clients that it will take an extra seven days to close. “It was 15 before wholesale caught up, but now they’re behind again due to heavy sales volume.” Broker Slams Bureau’s Complaint Database. While he was running for a House seat in West Virginia, mortgage trade group president Marc Savitt was mostly quiet on issues tied to the CFPB. But now that ...
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