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Home » Topics » Inside the CFPB » Enforcement

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Subprime Auto is in Agency’s Crosshairs, Official Indicates

April 6, 2015
CFPB Deputy Director Steven Antonakes revealed recently that the bureau is increasingly concerned about the subprime auto finance sector and will crack down on any practices that prove to be too risky for consumers. Speaking at an event of the Consumer Bankers Association, Antonakes identified a loosening of credit in the subprime auto loan market as one of the emerging risks the bureau is paying close attention to. “From our standpoint, it is not inherently troubling that more consumers are getting auto loans; under the right conditions, increased access to credit is good for the economy and individual upward mobility,” the deputy director said. “However, we have noticed some trends in connection with this credit expansion that give us cause ...
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CFPB Brings Enforcement Action Against National Corrective Group

April 6, 2015
The CFPB brought an enforcement action against National Corrective Group, a nationwide debt collection operation based in San Clemente, CA, and CEO Mats Jonsson, accusing them of using deceptive threats of criminal prosecution and jail time in order to intimidate consumers into paying debts for bounced checks. The bureau also accused the company of misleading consumers into believing they have to sign up for a costly financial education program to avoid criminal charges. The CFPB complaint also alleges that National Corrective Group created a false impression for consumers that its communications were from a state or district attorney’s office. “The company sent letters on prosecutors’ letterheads that appeared to be signed by the state or district attorney,” the bureau said...
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Supreme Court Considers Second-Lien Write-Offs

April 3, 2015
Last week, the Supreme Court heard oral arguments on two cases that could have significant ramifications for how second liens are handled when a borrower has negative equity. Both of the cases involve Bank of America arguing on behalf of second-lien lenders and holders. “The Supreme Court’s resolution of the BofA v. Caulkett and BofA v. Toledo-Cardona will either ratify the trend of other circuits, which would benefit junior lenders, or overturn it, which would favor homeowners and first-lien mortgagees,” according to lawyers at ...
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Ginnie MBS Issuance Fall Slightly In 1Q Due to Slight Drop in FHA

April 3, 2015
Ginnie Mae mortgage-backed securities issuance fell in the first quarter of 2015 with FHA volume slipping during the period, according to an Inside FHA/VA Lending’s analysis of agency data.Ginnie MBS production in the first quarter totaled $79.8 billion, down from $80.6 billion in the 4Q14, despite a 29.3 percent increase from February to March. On the other hand, production was up 41.6 percent from a year ago.FHA-backed Ginnie MBS issuance dropped 3.1 percent in the first quarter from 4Q14, ending the period with $39.9 billion. Year-over-year volume rose 22.0 percent from the previous year. On the other hand, refinancing increased to $12.3 billion from $7.8 billion during the same stretch. VA securitization totaled $35.5 billion, up from $33.6 billion quarter-over-quarter, powered by refinance loans. Rural housing securitization totaled $4.2 billion in the first quarter, down from $5. 7 billion in 4Q14. Securitized FHA purchase loans rose 7.7 percent in March from February, while ... [3 charts].
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VA to Continue Streamlining Appraisal, Servicing Processes

April 3, 2015
The Department of Veterans Affairs will continue removing barriers to delivering home-loan benefits to veterans and service members in 2015, focusing more on further improvements in appraisal and servicing. “It’s going to be geared around improving on the things we have already done,” said Mike Frueh, director of the VA Home Loan Guaranty program. VA loan originations are on the upswing and the agency wants to maintain the trend by getting more vets and active-duty personnel into the program. Last year, 18 percent of VA loans were to active-duty service members and 82 percent to veterans. Frueh said the VA program is by far the better deal. Interest rates are lower on a VA loan than on conventional loans and, generally requires no downpayment, he noted. In addition, VA loans do not have mortgage insurance. Based on the volume of VA loans originated in 2014, veteran borrowers ...
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FHA Lenders Agree to Pay $36.4 Million to Settle DE Allegations

April 3, 2015
The Department of Housing and Urban Development’s Office of the Inspector General has finalized settlements with two direct endorsement lenders to resolve allegations of violating FHA underwriting requirements. Golden First Mortgage Corp. and Group One Mortgage agreed to pay a total of $36.41 million to the federal government in reparation for losses incurred by the FHA on the defaulted loans. Based in Great Neck, NY, Golden First, a privately held company, and its owner/president, David Movtady, allegedly falsely certified to FHA and HUD that the loans the company endorsed for insurance met all FHA requirements. This went on from 2002 through 2010, the OIG alleged. The OIG accused the company and Movtady of violating the False Claims Act, which prohibits acts to defraud the federal government and which has been instrumental in ...
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VA to Revisit Residual-Income Guidelines, Eyes New Rules in 2016

April 3, 2015
The Department of Veterans Affairs is updating its residual-income tables, with an eye to publishing revised guidelines in 2016. The last time the VA calculated and published the residual-income guidelines was in the 1990s, and a lot has changed since then, according to Mike Frueh, director of the VA Home Loan Guaranty program. Residual income is the monthly household income that remains after all primary obligations – mortgage and escrows, car payments, credit card bills, student loans, among others – have been paid. VA will not back a loan to a vet or service member if they do not meet or exceed residual-income requirements. The residual-income threshold varies by family size, borrower location and other compensating factors. Calculations for residual income vary for the Northwest Region, Midwest Region, South Region and West Region of the country. Frueh said they are ...
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FHA Deploys Long-Anticipated E-Delivery System for Appraisals

April 3, 2015
Beginning June 27, the FHA will require electronic appraisals for single-family forward and reverse mortgages to be delivered through an online electronic submission portal prior to endorsement. The Electronic Appraisal Delivery (EAD) portal is a web-based platform that would allow paperless submissions of single-family home loan appraisals, cutting down loan processing time significantly. FHA lenders and their authorized representatives can access the EAD portal by using electronic credentials and showing they are ready to use the new technology. Only appraisals that are compliant with FHA appraisal and data delivery guidelines can be uploaded to the portal. Lenders will be notified of a successful upload or if they need to correct and resubmit an appraisal. Once an appraisal is successfully submitted to the portal, FHA Connection will pull EAD appraisal data and pre-fill certain data fields in the ...
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RHS Automates Underwriting for Guaranteed Rural Mortgage Loans

April 3, 2015
The U.S. Department of Agriculture’s Rural Housing Program has fully automated the submission of loan-origination documents and the electronic issuance of conditional commitments. This means that RHS’s Guaranteed Underwriting System (GUS), which is used for underwriting single-family rural home loans, has gone paperless, beginning March 28, 2015. Over the past year, USDA Rural Development has implemented changes to streamline and modernize the guaranteed loan program. In December last year, the RHS modified its lender loan-closing system to allow electronic issuance of loan note guarantees. Under the streamlined document-submission process for GUS requests, lenders will upload all required origination documents into GUS following a final submission. This enables lenders to avoid encrypting and emailing docs to USDA. After receiving the docs, GUS will alert the ...
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Around the Industry

April 3, 2015
Fannie Mae Updates Reverse Mortgage Loan Servicing Manual. Fannie Mae has updated its reverse mortgage servicing manual with changes and clarifications to policies pertaining to Home Equity Conversion Mortgages. For HECMs, Fannie now requires servicers to place a real estate-owned hazard insurance policy upon completion of a foreclosure sale. It also outlined servicers’ responsibilities regarding the documentation and cancellation of REO hazard insurance claims; reimbursement of REO hazard insurance premiums; and remittance of insurance loss proceeds. The revised policy changes must be implemented no later than April 1, 2015. House Democrats Reintroduce Housing Finance Reform Bill. Democrats on the House Financial Services Committee have introduced legislation that would provide private and government risk-share coverage to all mortgages, create a ...
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