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Home » Topics » Regulation » Non-Mortgage Regulation

Non-Mortgage Regulation
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Google Enters the Mortgage ‘Search’ Space. Should Lenders and Brokers Worry? Answer: Probably Not

December 10, 2015
Search engine giant Google recently launched a new mortgage comparison tool that allows borrowers and lenders to search for the lowest rates, a development that will be carefully watched for the simple reason that, well, it’s Google. The mortgage tool is a part of Google Compare, a service that allows consumers to compare options for various products, such as credit cards and auto insurance. Though the effort is branded with Google’s name, the company has teamed up with Zillow and LendingTree to introduce this service. Compare allows...
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Some See Value in Subprime Auto Sector Despite Continuing Losses. Houston, Do We Have a Bubble?

December 4, 2015
Some market analysts see an investment opportunity brewing in subprime auto ABS in the coming year, despite increasing regulatory attention. But certain rating analysts are emphasizing the rising losses the sector has been seeing for the last few months, and a few contrarians think the market is either poised to enter bubble territory or is already there. Consumer ABS analysts at Wells Fargo Securities are recommending subprime auto subordinated bonds rated BBB, convinced they offer good value on a risk-adjusted basis. With spreads set to finish 2015 at historically wide levels (excluding the financial crisis), the analysts expect...
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Mortgage Servicing Changes, Other Rules Progressing

November 30, 2015
The CFPB indicated in its recently released 2015 rulemaking agenda that it is continuing to finalize a proposal it published in December 2014 to amend certain aspects of the bureau’s 2013 mortgage servicing rules. The proposal addressed, among other things, enhanced loss mitigation requirements and compliance with certain rules when the borrower is a potential or confirmed successor in interest or is in bankruptcy. “We have been conducting testing of periodic statements for consumers in bankruptcy and are working to develop the final rule for issuance in mid-2016,” the CFPB said. The bureau also will continue working to support implementation of the multiple mortgage rules required by the Dodd-Frank Act, such as the Home Mortgage Disclosure Act rule, the integrated ...
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CFPB Presses Court to Enforce CID Against Accrediting Organization

November 30, 2015
The CFPB recently petitioned the U.S. District Court for the District of Columbia to enforce a civil investigative demand (CID) it issued back in August to the Accrediting Council for Independent Colleges and Schools (ACICS), despite congressional objections and arm-twisting. The CID was issued during a bureau probe of possible violations of the Consumer Financial Protection Act of 2010 or other federal consumer financial protection laws. “The CID issued to ACICS relates to a bureau investigation to determine whether any entity or person has engaged or is engaging in unlawful acts and practices in connection with accrediting of for-profit colleges” in violation of CFPA provisions addressing unfair, deceptive or abusive acts or practices, the CFPB told the court. The demand ...
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House Passes Bill to Nix Bureau’s Indirect Auto Finance Guidance

November 30, 2015
The U.S. House of Representatives recently passed bipartisan legislation, H.R.1737, the Reforming CFPB Indirect Auto Financing Guidance Act, which would declare “without force or effect” the bureau’s controversial guidance on indirect auto finance. At issue is CFPB Bulletin 2013-02 (Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act), which the bureau published on March 21, 2013. The bill also would direct the CFPB, when proposing and issuing guidance primarily related to indirect auto financing, to provide for a public notice and comment period before issuing the guidance in final form; make publicly available all information relied on by the CFPB; and redact any information exempt from disclosure under the Freedom of Information Act. The bureau also would have ...
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Bureau Again Rejects Auto Dealer Industry FOIA Request for Docs

November 16, 2015
For the second time in four months, the CFPB has rejected a Freedom of Information Act request from the auto dealer industry to make public a number of leaked agency documents that are said to undermine the bureau’s assertions that it is not trying to regulate auto dealers. The CFPB’s latest rejection came in response to a FOIA request filed last month by the National Automobile Dealers Association, asking the CFPB to release internal documents leaked to the news media apparently acknowledging that the agency intended to regulate the auto finance market through enforcement action. Further, the documents are said to have revealed that the bureau eschewed evidence that its methods for estimating disparate impact in the auto finance sector ...
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Consumer Complaints About Debt Collection Fall in 3Q15

November 16, 2015
Consumer complaints about debt collectors appear to be improving somewhat, according to the latest analysis by Inside the CFPB of data submitted to the bureau. Gripes were down 9.4 percent during the third quarter, but off a barely perceptible 0.3 percent at the nine-month mark versus a year ago. Many of the top 50 companies ranked by number of complaints saw drops of double digits during the period ending Sept. 30, 2015, whereas a handful of companies saw consumer grumbling rise by triple digits year over year. In some instances, however, both dynamics occurred at the same company, the data show.Complaints about collection attempts were the leading consumer criticism, followed by disclosure verification and communication tactics. Supervisory Illustrations On...
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‘Missing’ First-Time Homebuyers Borrowed Too Much for Education to Save for a Downpayment

November 12, 2015
Despite a recovering housing market, the number of first-time homebuyers fell to the lowest level it’s been in close to 30 years, according an annual survey from the National Association of Realtors. The share of first-time buyers in the marketplace declined for the third year in a row, dipping to 32 percent, from 33 percent a year ago. The NAR said it hasn’t been that low since the trade group began the survey in 1981. Recent numbers show it’s the second lowest it’s been since 1987, when first-timers accounted for 30 percent of the market. Historically, the long-term average shows...
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Wall Street to Weigh in With SCOTUS on Debt Buyer Case With Implications for Consumer Loan Securitization

November 6, 2015
The Structured Finance Industry Group and Securities Industry and Financial Markets Association plan to file a “friend of the court” brief with the Supreme Court of the United States in support of a defendant in a case affecting consumer ABS – the severity of which is a matter of debate. In the case of Madden v. Midland Funding, the Second Circuit Court of Appeals back in May determined that a debt buyer who purchased defaulted credit card accounts from a national bank is not entitled to collect interest under the National Bank Act at the rate set in the cardholder agreement. About a month later, SFIG and SIFMA filed...
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Bureau Files Suit to Stop Alleged Financial Aid Scam

November 2, 2015
Last week, the CFPB filed suit in U.S. District Court for the Southern District of California against Global Financial Support, Inc., and Armond Aria, owner and CEO, to stop what the bureau characterized as a nationwide student financial aid scam. The company, which has operated as Student Financial Resource Center and College Financial Advisory, allegedly ripped off tens of thousands of students and families by illegally charging millions of dollars in fees for sham financial services. The CFPB alleges that Aria and his businesses operate under the guise of a government- or university-affiliated operation, exploiting consumer uncertainty about how to use free federal financial aid resources provided by the Department of Education. The defendants allegedly “sent millions of deceptive letters ...
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