Moody’s Investors Service – which has been on the sidelines in the sputtering jumbo MBS market this year – has edged up to become the most active rating service in the non-mortgage ABS market, according to a new Inside MBS & ABS analysis. Moody’s rated 71 ABS over the first half of the year, deals with a total issuance volume of $66.15 billion. That represented 64.5 percent of total non-mortgage ABS issued in the first six months of 2014. Moody’s had its biggest market shares in vehicle finance ABS and student loan deals. Standard & Poor’s ranked...[Includes two data charts]
The CFPB recently warned credit card companies of the risk of engaging in deceptive and/or abusive acts and practices in connection with solicitations that offer a promotional annual percentage rate (APR) on a particular transaction – such as convenience checks, deferred interest/promotional interest rate purchases, and balance transfers – over a defined period of time. The bureau said it is concerned that some companies are luring consumers with offers of reduced or zero interest for a specific purchase or balances transferred from another credit card, and then hitting them with surprise interest charges. In CFPB Bulletin 2014-02, the bureau states that it has observed that some card issuers do not adequately convey in their marketing materials that a consumer who accepts such ...
Industry Tries to Rustle Up Support for QM Points-and-Fees Legislation. The Mortgage Action Alliance, the grassroots advocacy group of the Mortgage Bankers Association, recently issued a “call to action” to its members to get on the telephone and call their Senators and urge them to pass legislation that would make key changes to the way points and fees are calculated under the qualified mortgage definition in the CFPB’s ability-to-repay rule. S. 1577, the Mortgage Choice Act of 2013, introduced last year by Sen. Joe Manchin, D-WV, exempts any affiliated title charges and escrow charges for taxes and insurance from the QM cap on points and fees. Manchin’s bill is a legislative companion to H.R. 3211, the Mortgage Choice Act, which ...
The recent adoption by the Securities and Exchange Commission of its Regulation AB II disclosure rule is expected to be a “credit positive” for the auto loan and lease ABS sector, but it probably will also raise costs for market participants and, ultimately, consumers, according to an industry consensus of the new rule. The new regulatory regime mandates standardized loan-level disclosures for ABS backed by auto loans and leases, as well as other classes, as reported previously. The loan-level data have to be provided on the SEC’s free online database known as the EDGAR system. Although specific data requirements vary by asset class, the new asset-level disclosures generally will include...
Commercial banks and thrifts reported a modest decline in their non-mortgage ABS investments during the second quarter of 2014, although several key sectors showed growth, according to a new analysis and ranking by Inside MBS & ABS. Bank call reports show that the industry held $171.2 billion of non-mortgage ABS in portfolio as of the end of June. That was down 0.8 percent from March, marking the second straight quarterly decline after bank ABS holdings hit a record $173.8 billion at the end of 2013. Bank holdings of auto loan ABS actually increased...[Includes one data chart]
A proposal from the National Credit Union Administration to permit covered credit unions to securitize loans they have originated – but not purchased – is widely seen as insufficient by the credit union industry because of that limitation. That’s likely to prompt the regulator to favorably revise the proposal in the coming months, industry analysts say. Back in June, the NCUA issued a proposal to authorize loan securitizations by credit unions, but only for loans originated, not purchased. It also proposed permitting the creation of special purpose vehicles (SPV) to hold the assets collateralizing the securities. Additionally, the proposal lists a number of minimum requirements and limitations on residuals and retained interests. The Credit Union National Association, in its comment letter to the agency, indicated...
The CFPB recently fined auto finance company First Investors Financial Services Group Inc. $2.75 million for allegedly failing to fix known flaws in a computer system that was providing inaccurate information to credit reporting agencies. The bureau also ordered the Houston-based company to fix its errors and change its business practices. The CFPB said its investigation found that First Investors furnished inaccurate information about its customers to credit reporting agencies for at least three years. “When First Investors discovered the problem in April 2011, it notified the vendor but did nothing more,” the CFPB said. “The company did not replace the system or take any steps to correct the inaccurate information it had supplied. “It continued for years to use ...
Global Client Solutions, a leading debt-settlement payment processor based in Tulsa, OK, agreed to pay over $6 million in relief to consumers, as well as a $1 million civil penalty, to resolve allegations by the CFPB that the firm helped other companies to collect tens of millions of dollars in illegal upfront fees from consumers. Final settlement is pending federal district court approval. The CFPB accused Global Client Solutions and its two principals, Robert Merrick and Michael Hendrix, of violating the Telemarketing Sales Rule by making it possible for debt-settlement companies to charge consumers illegal upfront fees. The rule prohibits debt-settlement companies from charging consumers advance fees before settling any of their debts. The rule is intended to protect consumers ...
The American Bankers Association has weighed in once again on the CFPB’s proposed information collection request filed with the Office of Management and Budget to survey consumers about their experience with debt collection – this time asking it be shut down entirely. In its first comment on an earlier iteration of the bureau’s request, the ABA expressed general support for a consumer survey. However, the industry group identified “significant design and methodological concerns” and suggested changes to the survey instrument and its administration that the banking industry believes will improve the integrity and practical utility of the proposed information collection. Unfortunately, in the revised proposal, the CFPB responds “only perfunctorily to stakeholder comments and reflects very little real change to the ...
The debt collection industry still has plenty of work to do in terms of correcting its collection attempts against delinquent borrowers, according to a new ranking and analysis by Inside the CFPB. “Incorrect collection attempts” were far and away the leading consumer complaint about the industry submitted to the CFPB, with more than 12,000 such gripes filed, nearly 40 percent of all debt-collection criticisms, the analysis found. (See chart on page 7.) The biggest offender in this regard was Encore Capital Group, with 925 such complaints. MNE Services Inc., on the other hand, had the lowest number of gripes in this area, 19, among the top 50 companies in the ranking. “Communication tactics” ranked second among types of consumer complaints ...