The CFPB issued a proposed rule last week to provide more certainty for mortgage servicers about when to provide periodic statements to consumers in connection with their bankruptcy cases. The consumer bureau said it is proposing amendments to certain mortgage servicing rules issued in 2016 under Regulation Z (which implements the Real Estate Settlement Procedures Act) relating to the timing for servicers to transition to providing modified or unmodified periodic statements and coupon books in connection with a borrower’s bankruptcy case. Among other things, the 2016 mortgage servicing final rule addresses Reg Z’s periodic statement and coupon book requirements when a person is a debtor in bankruptcy. It includes a single-billing-cycle exemption from the requirement to provide a periodic statement ...

Ocwen Financial, the once high-flying non-bank mortgage servicer, has brought to 15 the number of states it has reached settlements with to resolve allegations its compliance with laws and regulations related to its mortgage servicing and lending activities was deficient. Last week, Ocwen settled with New Mexico, Virginia and West Virginia. Late last month, it entered into agreements with 10 other states: Georgia, Idaho, Illinois, Maine, Michigan, Mississippi, Montana, Rhode Island, South Carolina and Wisconsin. Nevada and Indiana previously either withdrew or allowed their respective cease-and-desist orders to expire. Per the settlements, Ocwen will not acquire any new residential mortgage servicing rights until April 30, 2018. Also, the nonbank will develop a plan of action and milestones regarding its transition ...

The CFPB recently ordered Meridian Title Corp., a real estate settlement agent and title insurance agency in South Bend, IN, to pay up to $1.25 million in redress to consumers who were allegedly steered to a title insurer owned partly by several of Meridian’s executives without disclosing the affiliation. According to the bureau’s consent order, Meridian issues title-insurance policies, provides mortgage loan settlement servicers, and conducts loan closings in connection with residential real estate transactions. In its role as title policy issuing agent, the company procures policy orders from borrowers and lenders and issues title commitments, final policies and related endorsements. As a settlement agency, Meridian facilitates the real property and mortgage loan settlement services required to close the mortgage ...

Organizations representing a variety of financial and business interests have jointly filed suit in a bid to deep-six the controversial arbitration rule issued earlier this year by the CFPB. The litigation was filed by the U.S. Chamber of Commerce, along with the American Bankers Association, the American Financial Services Association, the Consumer Bankers Association, the Financial Services Roundtable, the Texas Association of Business, the Texas Bankers Association, and a coalition of chambers of commerce throughout Texas. The groups are challenging the constitutionality and legality of the CFPB’s rule. Their basic position is that the rule effectively precludes the use of arbitration agreements in disputes between consumers and providers of consumer financial products and services, and instead renders class-action litigation the ...

The CFPB needs to improve the way it informs recipients of its civil investigative demands (CIDs) of the purpose of its investigations, according to a recent report from the bureau’s Office of Inspector General.At issue are the CFPB’s internal guidelines for crafting notifications of purpose associated with CIDs. The guidance calls for broad statements of purpose, to allow for flexibility, the OIG noted. However, “The guidance does not expressly remind enforcement attorneys of the need for statements of purpose to be compliant with relevant case law on notifications of purpose, including any developments in such case law, or remind them to revisit the statement of purpose in a revised opening memorandum if the purposes of the investigation evolve.” The ...

Did DoJ Opine on Ocwen v. CFPB? No One’s Talking. Earlier this year, Ocwen Financial asked Judge Kenneth Marra of the U.S. District Court for the Southern District of Florida, West Palm Beach Division, to invite the U.S. attorney general to appear and participate in the company’s challenge to the constitutionality of the CFPB.... Last Call for Public Comments on TRID ‘Black Hole’ Proposal. The industry has until 11:59 p.m. Oct. 10, 2017, to submit comments to the CFPB regarding its proposal to close the “black hole” associated with the bureau’s integrated disclosure rule under the Truth in Lending Act and the Real Estate Settlement Procedures Act....

Fannie Mae and Freddie Mac shareholders are feeling more confident they will prevail in lawsuits over the Treasury sweep as internal government documents related to a popular case continue to trickle out. Late this week, Federal Claims Court Judge Margaret Sweeney granted a motion to compel the disclosure of documents that were filed over the summer by attorneys in Fairholme Funds v. the United States. Investors, having grown weary of the drawn-out discovery process, filed a motion in August in hopes of speeding things up by forcing the government to stop what they perceive as delay tactics. Attorneys asked the Federal Claims Court to use the “quick peek” procedure for some documents dating back to May 2012.

Mortgage lenders haven’t yet experienced any operating headaches from the Equifax data breach this summer – but the ramifications might come slowly and not be immediately discernable. One nonbank CEO told Inside Mortgage Finance that he’s angry about the breach for two rea-sons: his personal information was stolen and it could cause business problems because warehouse banks, state licensing agencies, investors and housing authorities pull Equifax reports to check on him ...

Ocwen Financial has now buried the hatchet with a total of 15 states over alleged deficiencies in its compliance with laws and regulations relating to the company’s servicing and lending activities. Back in April, mortgage and banking regulators from 30 states and the District of Columbia and the state attorneys general of Florida and Massachusetts brought regulatory action against the nonbank servicer. This week, Ocwen settled with New Mexico, Virginia and West Virginia ...

The Department of Housing and Urban Development has asked its inspector general for some leeway in making much needed changes to ensure servicers are employing loss mitigation. Responding to an audit, HUD asked the IG to modify some of the recommendations to enable the agency to make policy changes where needed and in a suitable format. HUD also requested that recommendations regarding indemnification and servicing be tweaked so that remedies will be required only when a deficiency is found. The IG audit was based on the result of an analysis, which showed that servicers may not be always evaluating delinquent FHA borrowers for loss mitigation as required and that HUD’s oversight in this area is weak. According to the findings, HUD did not have adequate controls to ensure that servicers of FHA-insured single-family loans properly engaged in ...