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Home » Topics » Inside the CFPB » Enforcement

Enforcement
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HUD Gives Controversial Fee One More Try

February 6, 2015
Federal housing regulators once again sought authority from Congress to impose an administrative fee on lenders to support information technology improvements and administrative functions at the FHA – a bid Congress rejected last year. As part of President Obama’s FY 2016 budget, the Department of Housing and Urban Development is proposing to charge lenders up to $30 million in fees to cover FHA salaries and expenses and information technology upgrades. The IT component will focus on strengthening FHA’s risk-management efforts through expanded quality-control reviews, enhanced tools and other risk-management initiatives. Separately, the president requests an appropriation of $174 million in administrative costs to enable the FHA to implement a risk management and program-support process – both critical for FHA’s oversight of ...
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HECM Policy for Non-Borrowing Spouses Revised

February 6, 2015
Reverse mortgage lenders now have the option to delay calling a Home Equity Conversion Mortgage due and payable where there is an eligible non-borrowing spouse and a case number assigned prior to Aug. 4, 2014. A delay would postpone foreclosure triggered by the death of the HECM borrower or the last surviving borrower and allow the qualified, non-borrowing spouse to stay in the house for a certain period until the HECM is resolved. Under revised FHA guidance, reverse mortgage lenders are allowed to assign eligible HECMs to the Department of Housing and Urban Development upon the death of the borrower. They have the option of foreclosing in accordance with the contract as endorsed or choose the “mortgagee optional election assignment (MOE).” MOE means the optional assignment selected by a lender for a HECM loan with an assigned FHA case number prior to ...
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Accounting Treatment of Past Due Loans Clarified

February 6, 2015
The Mortgage Bankers Association notched a win for small, independent issuers after the Financial Accounting Standards Board agreed with the group’s position on the accounting of seriously delinquent loans in Ginnie Mae pools. At issue is whether companies that service pools with loans that are 90 days or more delinquent should put those loans on their balance sheet even if they have no intention of buying the loans out of the pool. According to the MBA, a Big Four accounting firm issued controversial guidance which would have been burdensome for small mortgage-backed securities issuers that have limited funding and no incentive or history of buying defective loans out of pools. After months of exchanges, FASB staff finally agreed with the MBA’s view that the decision process involves two steps. First, a loan must be 90 days or more delinquent and trigger ...
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FHA Originations Significantly Down in 2014, Refis Up

February 6, 2015
Overall, 2014 was not a good year for FHA originations as tight underwriting and high loan costs narrowed the band of borrowers able to qualify for an FHA-insured residential loan, according to an Inside FHA Lending analysis of agency data. FHA total endorsements dropped to $35.2 billion, an 8.1 percent drop in the fourth quarter from the previous quarter, with fixed-rate and adjustable-rate mortgages declining by 7.9 percent and 12.7 percent, respectively. FHA purchase originations suffered a decline of 11.3 percent. There was one bright spot: FHA refinances rose a meager 2.2 percent while the percentage of conventional loans that refinanced into FHA saw a more substantial lift of 13.0 percent quarter to quarter. FHA baseline lending (below $417,000) saw volume drop 8.4 percent in the fourth quarter. FHA jumbo loan amounts up to the statutory high-cost loan limit and ... [ 2 charts ]
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FHA Adds Standard Language to Counseling Notic

February 6, 2015
The FHA has updated the contents of a notice to delinquent borrowers regarding the availability of approved housing counseling and provided a new template for lenders to explain, in simple terms, the benefits of housing counseling. The latest guidance, Revised Notification to Homeowners of Availability of Housing Counseling Services (Mortgagee Letter 2015-04), also provides a description of counseling services to delinquent borrowers. The revised requirements supplement those outlined in previous mortgagee letters and certain provisions in the HUD handbook. Lenders must comply with the new requirements by April 4, 2015. FHA lenders must provide delinquent borrowers with a notice about the availability of housing counseling by an approved provider and the principal mortgage lender. However, there is no standard language for such notices Hence, the FHA has ...
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Nonbank Servicers Continued Building Market Share In Late 2014, Business Becoming More Fragmented

February 5, 2015
Although depository institutions continued to account for the lion’s share of the mortgage servicing market, nonbank servicers continued to gain ground in late 2014, according to a new market analysis and ranking by Inside Mortgage Finance. Banks, thrifts and credit unions accounted for 71.8 percent of the $7.351 trillion of home mortgages serviced by the 50 largest players in the market as of the end of last year. Nonbank servicers accounted for 28.2 percent of the group total, up from 25.9 percent at the end of 2013. That’s...[Includes two data charts]
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Industry Professionals Say Estimated Number of Beneficiaries of FHA Premium Cut Exaggerated

February 5, 2015
A significant percentage of mortgage industry professionals think President Obama’s estimate that 250,000 borrowers will benefit from the FHA annual premium reduction is “too high” and that the impact will be minimal, according a new survey by the Collingwood Group. The monthly survey said 47 percent thought the estimate is too high and the price cut is not enough to generate a substantial number of new homeowners given that credit standards remain tight. They also said that the 50 basis point reduction in the annual premium is insufficient to make financing affordable. Meanwhile, 34 percent thought...
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Will Ocwen Be Forced to Settle With MBS Investors Trying to Bring the Company to Its Knees?

January 30, 2015
Ocwen Financial may have to settle with investors in non-agency MBS it services to avoid having the underlying servicing rights being yanked away by a trustee, according to investors and analysts tracking the situation. Early this week, Ocwen attorney Richard Jacobsen sent a letter to the law firm of Gibbs & Bruns, sternly telling the attorneys for some of the RMBS holders that there is no basis for default under the trust agreements. Gibbs & Bruns is working...
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Watt Defends GSEs’ Low Downpayment Offerings, Offers Few Clues on Where G-Fees Are Heading

January 29, 2015
The government-sponsored enterprises’ new low downpayment programs received a vigorous defense from Melvin Watt, the director of the Federal Housing Finance Agency, at a hearing this week by the House Financial Services Committee. Republicans on the committee attacked the programs from a number of angles, including raising concerns about default rates on mortgages with lower downpayments and fears of a “race to the bottom” with the FHA. “If you carefully look at other considerations and take them into account in deciding whether to back that credit, you can ensure...
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Wells, Chase Settle With CFPB Over Kickback Allegations, But Mystery Lender Escapes Wrath

January 29, 2015
Wells Fargo and JPMorgan Chase reached a financial settlement with the Consumer Financial Protection Bureau and the Maryland attorney general last week over allegations related to illegal mortgage kickbacks involving some of their loan officers and Genuine Title, a title company based inMaryland that went out of business last spring. The two government agencies are seeking civil penalties of $24 million from Wells Fargo and $600,000 from JPMorgan Chase. They also want $10.8 million from Wells and $300,000 from JPMorgan Chase in redress for consumers whose loans were involved in the marketing arrangement at issue. The CFPB and the Maryland AG also took action...
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