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Home » Topics » Inside the CFPB » Enforcement

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Wells Fargo Extends FHA E-Sign Acceptance

April 25, 2014
Wells Fargo has expanded its acceptance of electronic signatures on FHA mortgage-related documents to correspondent lenders – a move that could spur other lenders to consider a similar shift as purchase originations rise. Details of the expansion are available in Wells Fargo current Seller Guide. However, access is restricted to correspondent lenders because the guide contains proprietary information, according to a company spokesman. DocuSign, whose Digitized Transaction Management (DTM) platform is being used by Wells Fargo and other financial services clients, said the expansion follows FHA’s announcement earlier this year of acceptance of e-signatures on all single-family origination and servicing/loss mitigation documents, FHA claims and real estate-owned sales contracts, with the exception of notes. The FHA announcement builds on an ...
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CFPB e-Closing Efforts Find Allies in FHA, GNMA

April 25, 2014
The Consumer Financial Protection Bureau will launch a new, voluntary pilot project later this year to promote e-closings as a way to reduce or eliminate many of the “pain points” associated with the mortgage closing process. But officials at FHA and Ginnie Mae were eager to jump on board and reinvigorate similar efforts of their own in this regard, as many government and industry representatives tried to capitalize on a renewed sense that e-mortgages and a greater use of technology can transform the entire origination process – for all stakeholders, not just consumers. “We’re very excited to see the continued advancement of not only the use of technology, but hopefully more effective means of working together as an industry to improve the overall mortgage process,” said FHA’s Patricia McClung, acting director of single family program development, at a public forum ...
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Donovan: Senate Reform Bill Helps ‘Outsized’ FHA

April 25, 2014
HUD Secretary Shaun Donovan said this week that housing finance reform can no longer be put off, but no more so than for the FHA which continues to play an “outsized role” in the mortgage market as private capital remains on the sidelines. Speaking in New York at an event co-hosted by the Bipartisan Policy Center, Donovan said the Obama administration is squarely behind the legislative proposal by Senate Banking, Housing, and Urban Affairs Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID. “Despite its imperfections, does this bill represent progress? Absolutely,” said Donovan, seeking to win over housing advocacy groups disenchanted with the bill. “When looking for ways to improve [the bill], let’s not lose sight of its potential. Let’s not forget its importance to the housing market and its future.” The Johnson-Crapo legislative proposal calls for a wind-down of Fannie Mae and Freddie Mac and creation of a ...
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Judge Denies S&P’s Motion to Split DOJ MBS Fraud Case, Allows Discovery; BofA Pays $950M to Settle With FGIC

April 18, 2014
Standard & Poor’s earned a split decision this week in its counter-offensive against the federal government’s civil fraud lawsuit filed last year, which the rating agency claims is payback for its August 2011 downgrade of the U.S.’ ‘AAA’ credit rating. The Justice Department in February 2013 filed a $5.0 billion lawsuit against S&P accusing it of knowingly inflating its ratings of residential MBS and collateralized debt obligations to boost its revenue and market share in the years leading up to the 2008 financial crisis. On Tuesday, a federal judge in the U.S. District Court in Santa Ana, CA, denied...
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FHFA/Chicago Settlement Calls for GSE Compliance, No Fee Payments

April 18, 2014
The Federal Housing Finance Agency and the city of Chicago have reached a face-saving settlement in a longstanding legal dispute over whether Fannie and Freddie, as entities under federal conservatorship, are subject to the city’s vacant-building ordinance. Under the terms of a settlement reached earlier this month but announced last week, the two GSEs will voluntarily register vacant properties with the city but won’t be subject to a $500 registration fee. The FHFA will also no longer seek to recover registration fees or penalties already paid to Chicago.
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Deutsche Bank Wins Dismissal Against FHFA $567M MBS Suit

April 18, 2014
A New York state judge last week dismissed with prejudice a $567 million legal action brought by the Federal Housing Finance Agency against Deutsche Bank in 2012 over the bank’s refusal to repurchase hundreds of millions of residential mortgage-backed securities from Freddie Mac. Judge Eileen Bransten of New York’s State Supreme Court in Manhattan ruled the FHFA’s suit is barred by New York’s six-year statute of limitations.The FHFA sought to have the bank cover Freddie’s losses on defective MBS purchased from a $1.4 billion transaction.
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Lenders Concerned About Litigation on Non-QMs, Feel Obligated to Offer the Mortgages Anyway

April 17, 2014
About two-thirds of banks are willing to offer loans that don’t meet standards for qualified mortgages, according to a recent survey by the American Bankers Association. Lenders are concerned about the liability that comes with non-QMs, but borrower demand for non-QMs has prompted a wider range of mortgage offerings than many had projected after the Consumer Financial Protection Bureau’s QM standards took effect. “More and more, in talking to our banks, I would say there’s an increased comfort in going beyond QM, doing business the way they’ve traditionally done business and expecting to meet either the QM or the ability-to-repay standard.” said Jonathan Miller, deputy director of the Federal Deposit Insurance Corp.’s division of depositor and consumer protection. At a meeting last week by the FDIC’s Advisory Committee on Community Banking, Derek Williams, president and CEO of Columbus Community Bank, said...
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CFPB Requires $747 Million from BofA Over Credit Card Practices

April 14, 2014
Bank of America will have to pay $727 million in restitution to consumers who were harmed by practices related to its credit card add-on products, under the terms of a consent order announced last week by the CFPB. That is the single largest amount of money yet returned to consumers in such an action by the bureau. BofA also agreed to pay a $20 million civil money penalty to the CFPB. The bureau went after BofA on two fronts: allegedly deceptive marketing practices as well as unfair billing practices. The marketing practices at issue had to do with two credit-card payment-protection products, “Credit Protection Plus” and “Credit Protection Deluxe.” “The bureau found that the telemarketing scripts Bank of America used...
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Democrats Call for Full Hearing On Personnel Practices at CFPB

April 14, 2014
Democrats on the House Financial Services Committee have formally requested Chairman Jeb Hensarling, R-TX, conduct a full committee hearing into potential discriminatory policies and practices that affect employees not only at the CFPB but in other federal financial regulatory agencies as well. Ranking Member Maxine Waters, D-CA, announced the request at a hearing recently conducted by the House Financial Services Subcommittee on Oversight and Investigations, which looked into allegations of employee discrimination and retaliation at the CFPB. Waters echoed sentiments of fellow Democrats, who expressed concern earlier that the hearing was focused on discussing ongoing claims by a single employee instead of the larger issue of employee discrimination and the retaliation and harassment that whistleblowers experience. Dwelling on the employee’s...
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CFPB Needs to Improve its Supervisory Activities, OIG Finds

April 14, 2014
The CFPB needs to up its game and improve the efficiency and effectiveness of its supervisory activities, according to a recent report from the Federal Reserve Office of Inspector General, the IG for the bureau. “Specifically, we found that the CFPB needs to improve its reporting timeliness and reduce the number of examination reports that have not been issued, adhere to its unequivocal standards concerning the use of standard compliance rating definitions in its examination reports, and update its policies and procedures to reflect current practices,” the OIG said. The report contains 12 recommendations designed to assist the CFPB in strengthening its supervision program, one of which is to monitor the timeliness of examination reporting against the requirements the agency...
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