The FHA has a number of rulemakings in the regulatory pipeline and other policy topics related to mortgage origination and servicing, all lined for action in the fall. The program changes are geared towards FHA single-family priorities, such as expanding first-time homebuyers’ and underserved creditworthy borrowers’ access to credit, ensuring the long-term viability of FHA Mutual Mortgage Insurance Fund and making it easier to do business with the FHA. Agency data show that, as of July 31, 2015, first-time homebuyers accounted for 82 percent of FHA purchase loans compared to 72 percent in the prior year. FHA officials attributed the surge in purchase loans to the half percentage point reduction in the annual mortgage insurance premium, which they translated into a yearly savings of $900 for a household with an average mortgage-loan size of $180,000. On Sept. 15, the ...

The Consumer Financial Protection Bureau has yet to clarify what it doesn’t like about “marketing service agreements” between originators and Realtors, and the less the agency talks about the topic – publicly, at least – the more lenders fear that eventually the regulator will try to eliminate such agreements altogether. To date, at least two lenders – Wells Fargo and Prospect Mortgage – have announced they are ending their MSAs, but sources indicate that several firms have undergone CFPB audits (or soon will) with a special emphasis on how they manage business referrals with realty companies and how much money changes hands. Inside Mortgage Finance has learned...

It looks like the mortgage industry is on the verge of obtaining another concession from the Consumer Financial Protection Bureau regarding enforcement of its pending integrated disclosure rule. The rule will streamline the consumer disclosures required under the Truth in Lending Act and the Real Estate Settlement Procedures Act. This TILA/RESPA Integrated Disclosure rule is slated to take effect Oct. 3, 2015, and will create a new regulatory regime – and perhaps a good bit of havoc in the process, at least in the short term. The anxiety over the confusion and expected delays has prompted...

The Securities and Exchange Commission dropped its civil fraud case against Thomas Lund, former executive vice president of Fannie Mae’s single-family business in the years leading up to conservatorship. The discontinuance of the case was announced this week by Lund’s attorney Michael Levy of Paul Hastings. “Thomas Lund has been vindicated,” he said. “After investigating for three years, litigating for another three years, deposing 50 witnesses and hiring four experts, the SEC concedes that it has not prevailed,” he said, adding that Lund will refrain, for 12 months, from signing things that he never signed in the past and has no intention of signing in the future. Lund will pay the agency $10,000. However, the SEC is classifying the payment as a “gift” to the...

Apprehension and uncertainty were palpable among industry representatives meeting in Washington, DC, this week over how the Consumer Financial Protection Bureau views marketing services agreements and how it plans to deal with them in the future. David Stevens, president and CEO of the Mortgage Bankers Association, urged the bureau to provide formal, specific guidance during the trade group’s regulatory conference this week. “We sent...

The CFPB is committed to helping the mortgage industry fully implement the pending TILA/RESPA Integrated Disclosure (TRID) rule to the maximum extent possible, and its examination approach will focus on being “diagnostic” and “corrective,” not “gotcha” oriented, a top bureau official said during an industry conference early this week. Speaking at the Mortgage Bankers Association’s 2015 regulatory compliance conference in Washington, DC, Diane Thompson, managing counsel in the bureau’s Office of Regulations, tried to reassure anxious lender representatives about the industry’s transition to a dramatically different lending environment under the new regulatory regime. “We understand that this is a major change ... that we are not going to flip some magic switch on Oct. 3 and the world will suddenly ...

The CFPB recently brought enforcement actions against two large debt buyers and collectors, Encore Capital Group, in San Diego, and Portfolio Recovery Associates, in Norfolk, VA, accusing the companies of using deceptive tactics to collect bad debts. The bureau said the companies bought debts that were potentially inaccurate, lacking documentation or unenforceable. “Without verifying the debt, the companies collected payments by pressuring consumers with false statements and churning out lawsuits using robo-signed court documents,” said the CFPB. In terms of the companies’ allegedly illegal litigation practices, the CFPB accused the pair of misrepresenting their intention to prove debts they sued consumers over. They also allegedly sued or threatened to sue consumers past the statute of limitations. Further, the companies allegedly ...

he CFPB and the Department of Justice said in an amicus brief with the Supreme Court of the United States that a plaintiff does not necessarily have to prove actual harm from a violation of the Fair Credit Reporting Act in order to have standing under Article III of the U.S. Constitution. The specific question in Spokeo, Inc. v. Robins is whether the respondent (Robins) identified an Article III injury-in-fact by alleging that the petitioner (Spokeo) had willfully violated the FCRA by publishing inaccurate personal information in consumer reports – in this case, on a consumer-reporting type website – without following reasonable procedures to assure the information’s accuracy. In their brief, the CFPB and DOJ argue that the invasion of the respondent’s ...

Two nonbank mortgage lenders ran afoul of the CFPB in its enforcement of the loan originator compensation rule, and other lenders would do well to learn from their experiences. During a recent webinar sponsored by Inside Mortgage Finance, an affiliated newsletter, former CFPB official Benjamin Olson, now a partner at the law firm of BuckleySandler, talked about two related enforcement actions the bureau brought against California-based nonbank mortgage lenders, Franklin Loan Corp. in November 2014 and RPM Mortgage, Inc., in June of this year. Both cases zeroed in on the lenders’ use of expense accounts to pay originators’ bonuses and commissions. The practice cost Franklin $730,000 and RPM $19 million. Olson noted the CFPB allegations were based on expense accounts ...

Documents pertaining to the conservatorship of Fannie Mae and Freddie Mac, and the controversial change that strips the government-sponsored enterprises of net worth, will remain sealed, under a September court order in a lawsuit filed by private GSE shareholders. Judge Margaret Sweeney’s ruling in Fairholme Funds v. The United States went in favor of the Federal Housing Finance Agency to keep the documents under “protected information,” denying a motion by Fairholme to release the documents. Charles Cooper, attorney with Cooper & Kirk, the law firm representing the investors, told...