The CFPB has launched a public inquiry into student loan servicing practices that create repayment challenges, hurdles for distressed borrowers, and economic incentives that may affect the quality of service. The bureau said it has observed that many borrowers are experiencing significant student debt stress. “Consumers have complained about billing problems associated with payment posting, prepayments and partial payments,” it said. The CFPB has also heard from distressed borrowers that student loan servicers aren’t being very useful in helping them avoid defaults and delinquencies. “Distressed borrowers complain that they are given the runaround when they ask for help, they have a hard time getting straight answers from servicing staff, and that the staff is untrained or unequipped to deal with ...

The CFPB recently announced it brought an enforcement action against Sprint and Verizon, alleging illegal “cramming” of hundreds of millions of dollars in unauthorized third party charges on customers’ mobile phone accounts. Under the terms of proposed consent orders, which are pending court approval, the pair will provide $120 million in consumer refunds, as well as pay $38 million in federal and state fines. The problem stemmed from the alleged failure on the part of Sprint and Verizon to properly monitor their outsourced processing of payments to third party vendors for digital purchases. “The lack of oversight by Sprint and Verizon allowed the vendors to have nearly unfettered access to consumers’ wireless accounts,” said the CFPB. “The billing systems for ...

CFPB May Review Lender-Paid MI. Pricing on lender-paid mortgage insurance policies has come down over the past several months, apparently spurring the CFPB to take a look at what’s going on behind the curtain. Citing industry officials who claim to have knowledge of the situation, Inside Mortgage Finance, an affiliated publication, reported late last week that the powerful consumer regulator may focus on whether there is some kind of quid pro quo going on between lenders and mortgage insurers. In particular, the CFPB is interested in the discounting of LPMI in exchange for a lender sending more of its MI business to an insurer and whether such a practice violates the Real Estate Settlement Procedures Act, the newsletter reported. In ...

The Department of Agriculture’s Rural Housing Service has issued a final rule creating a certified loan-application packaging process for the agency single-family loan guaranteed housing program.Published in the April 29 Federal Register, the rule also establishes standards for packagers of loan applications, who are independent from RHS but play a key role in providing Section 502 rural home loan programs to potential homeowners. The final rule will take effect on July 28, 2015. Specifically, the rule addresses the weaknesses in RHS’ loan-application process and integrates the lessons learned from a loan-packaging pilot launched in 2010. The packager gathers and submits the information needed for RHS to determine whether a loan applicant is eligible for ...

The Blackstone Group’s bid to acquire VA lender PMAC Mortgage, Chino Hills, CA, appears to have stalled. Talks between the two companies are now on hold and neither firm has commented. An industry source suggested that cash might not be the issue but a “clash of corporate cultures. PMAC Lending Services, which acquired Residential Financial Corp. last year, was ranked 61st on Inside FHA/VA Lending’s top 100 VA lenders in 2014. The company reported $328.2 million in total VA originations last year, reporting an 18.5 percent increase in the fourth quarter from the previous quarter and a 182.1 percent spike in loan volume year-over-year. It accounted for 0.3 percent of the VA market. Blackstone is a global investment firm with nearly $300 billion in assets under management. Last year, the company announced the hiring of 15,000 U.S. veterans across its portfolio companies in ...

In another display of multijurisdictional cooperation, the CFPB and the Maryland Attorney General last week brought an enforcement action against a Maryland-based title company and its executives, alleging they participated in a mortgage kickback scheme, trading cash and marketing services in exchange for referrals. The complaint names Genuine Title, LLC, as well as Jay Zukerberg, Brandon Glickstein, Gary Klopp, Adam Mandelberg, William Peterson, and Angela Pobletts, along with a number of limited-liability companies controlled by certain defendants. The CFPB and Maryland allege that Zukerberg and Glickstein developed and operated schemes to give loan officers marketing services and cash payments in exchange for referrals of title work. The kickback schemes violated the Real Estate Settlement Procedures Act, which prohibits giving a ...

Last week, in the first such enforcement action of its kind – and as a warning shot across the bow of all financial institutions under its jurisdiction – the CFPB slapped Regions Bank with $7.5 million in fines for charging overdraft fees to consumers who had not opted-in for such coverage. “The 2010 opt-in rule made clear that consumer protection in this area is critical. That Regions Bank violated the law raises definite concerns worthy of note by all depository institutions,” said Cara Petersen, the CFPB’s deputy enforcement director. “Their customers should rest assured that the consumer bureau is here to protect them when it comes to the hard-earned money they keep in their checking accounts.” The depository institution, based in Birmingham ...

Green Tree Servicing entered into a $48 million legal settlement with the CFPB and Federal Trade Commission last week after being accused of botching loan modifications on servicing transfers and harassing and threatening overdue borrowers. In addition to coughing up the $48 million, the nonbank will pay an additional $15 million penalty for what the CFPB called its “illegal” actions. The settlement, ironically, came just a few days after Green Tree – a subsidiary of the publicly traded Walter Investment – was given top grades by Fannie Mae for customer service and foreclosure prevention activities. To make amends, not only must the company compensate borrowers, but it will face “rigorous servicing transfer” requirements from regulators. In a statement on the settlement, the ...

The mortgage industry has just under 100 days until the do-or-die deadline of August 1 kicks in for compliance with the CFPB’s integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act, otherwise known as the TRID. And as the new lending environment approaches, industry anxieties are getting stronger and more specific in nature. “The primary concerns that I am hearing are about the inability to reset the fee tolerances when the closing date is significantly delayed, which many fear will require lenders to start over and scuttle closings, and the lack of guidance for wholesale lenders who work with brokers,” said Benjamin Olson, counsel in the Washington, DC, office of the BuckleySandler law ...

The CFPB has compelled Fort Knox National Co. and its subsidiary, Military Assistance Co. (MAC), to pony up $3.1 million in relief to harmed service members to resolve allegations that the military allotment processor did not clearly disclose various recurring fees, which could total $100 or more. The military allotment system enables U.S. military personnel to deduct payments directly from their paychecks. The allotment system was created to help deployed members of the U.S. military send money home to their families and pay their creditors at a time when automatic bank payments and electronic transfers were not yet common bank services. Creditors, such as auto lenders, installment lenders and retail merchants, have in recent years been known to direct servicemembers ...