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Home » Topics » Inside the CFPB » Enforcement

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Ocwen Hits Obstacles Boarding Non-Agency Loans

November 1, 2013
Ocwen Financial posted record revenues in the third quarter of 2013 that could have been even higher if not for unexpected delays in boarding $42.0 billion in unpaid principal balance on non-agency mortgages from OneWest Bank. Officials at Ocwen wouldn’t reveal the exact cause of the delay. The loans were in non-agency mortgage-backed securities issued by IndyMac, which was taken over by the Federal Deposit Insurance Corp. in 2008 and sold by the FDIC to OneWest in 2009. Ocwen officials said delays ...
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Settlements Expected After Chase Deal with FHFA

November 1, 2013
JPMorgan Chase’s settlement with the Federal Housing Finance Agency regarding representation and warranty claims on non-agency mortgage-backed securities could prompt large settlements by other banks, according to industry analysts. Chase agreed last week to pay $4.0 billion to settle claims on $33.8 billion of non-agency MBS purchased by Fannie Mae and Freddie Mac. The securities were issued between 2004 and 2007 by Chase, Bear Stearns and Washington Mutual. The settlement sets a “relatively high bar” for ...
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Groups Want All Title II Loans in ‘Safe Harbor’

November 1, 2013
Financial industry trade groups want all Title II forward mortgage loans that meet FHA requirements to be treated as “safe harbor” qualified mortgage loans instead of being lumped in either of two QM buckets as proposed by the Department of Housing and Urban Development. Commenting on HUD’s proposed definition of a “qualified mortgage,” the industry groups – Mortgage Bankers Association, Consumer Bankers Association, Consumer Mortgage Coalition, American Bankers Association, and the Independent Community Bankers of America – urged HUD to ...
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GAO Sees ‘Tradeoffs’ in Proposals to Reform FHA

November 1, 2013
Proposed options for adjusting FHA products, market presence and powers could have a direct effect on the availability of credit for borrowers and on the FHA’s ability to respond to changing market conditions, according to a new study by the Government Accountability Office. In certain instances, the recommended changes would entail tradeoffs – a downside for every upside. Industry participants, researchers and the FHA have suggested these options to improve FHA’s long-term viability or for shrinking the agency’s footprint in the mortgage market. The GAO undertook the study to determine ...
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Lower GSE Loan Limits a Given Now, But If They Get Too Low Look for a Legislative Fix; Will CAR Sue?

October 31, 2013
It’s a done deal that the Federal Housing Finance Agency will make “across the board” reductions in Fannie Mae and Freddie Mac loan limits that will take effect in May 2014, but factions in the housing and mortgage industries are already drafting contingency plans if the cuts are too deep. “I would say if they are significantly – 5 to 10 percent – reduced, then you will see new legislation,” said one industry lobbyist who’s been tracking the issue for well over a year. In other words, if the national loan limit falls...
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Jury Sides with Government Over BofA in Mortgage Fraud Case

October 25, 2013
Countrywide Financial Corp. committed fraud when it sold questionable mortgages to Fannie Mae and Freddie Mac prior to the financial crisis, a New York federal jury determined this week. Bank of America acquired CFC in 2008 and is liable for the fraud. The jury also found that Rebecca Mairone, a former chief operating officer for CFC’s subprime division, Full Spectrum, is liable for fraud for her role in leading its “Hustle” loan program, which was designed by Countrywide to speed up approvals for unqualified borrowers.
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FHFA Pushing JPMorgan, BofA for Billions in MBS Lawsuit Deals

October 25, 2013
More than two years after it first filed its massive legal action against some of the nation’s largest financial institutions, the Federal Housing Finance Agency is demanding a high-cost exit fare before it will let two big banks off the hook. The FHFA reportedly is in separate talks with JPMorgan Chase and Bank of America to pay billions to quiet claims that the firms sold faulty mortgage-backed securities prior to the 2008 mortgage market meltdown. …
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Fannie, KPMG Class Action Lawyers Seek $45M Settlement Payday

October 25, 2013
The law firm that pursued a nearly decade-long class-action fraud lawsuit on behalf of investors against Fannie Mae and their former auditor, KPMG LLP, until its settlement in May say they are entitled to a piece of the $153 million payout, plus expenses. In papers recently filed with the U.S. District Court of the District of Columbia, the firm of Markovits, Stock & DeMarco of Cincinnati is seeking attorneys’ fees in the amount of $29.1 million or 22 percent of the settlement amount, plus $15.3 million in “out of pocket” expenses incurred in the nine years of pursuing the class action.
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CFPB to Stop Sending Enforcement Attorneys on Routine Examinations

October 21, 2013
The CFPB has decided to end its controversial policy of sending enforcement attorneys to routine examinations of supervised financial institutions, effective Nov. 1, 2013. According to CFPB Deputy Director Steven Antonakes, the bureau has been sending enforcement attorneys to on-site exams for a couple years and has changed its practice after assessing the effectiveness and efficiency of the operation. “From the beginning, we intentionally grouped our supervision, enforcement and fair lending offices together because...
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CFPB Implementing Examination Prioritization Framework

October 21, 2013
The CFPB is putting into place a prioritization framework, apportioning examination, investigation and fair lending resources across product types, and it may well prove to be particularly significant for nonbank entities. “A specific charge of the bureau is to attempt to level the playing field between banks and nonbank entities relative to compliance with federal consumer financial laws,” said CFPB Deputy Director Steven Antonakes in a speech before the Federal Deposit Insurance Corp.’s Advisory Committee on Economic...
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