The CFPB’s proposal to reduce regulatory uncertainty for financial innovation through the selective use of “no-action” letters is based on a good idea but is likely to fail to meet its objective unless important changes are made, according to three industry trade groups. For instance, when it comes to submitting requests for a “no-action” letter, the set of products and services to which the bureau’s proposal may apply is difficult to identify, the American Bankers Association, the American Bankers Insurance Association and the Consumer Bankers Association said in a joint comment letter to the regulator. “On the one hand, the proposal requires that the product must not be well established; on the other, it may not cover ‘hypothetical products that ...

The CFPB’s second report to the appropriations committees of both the U.S. Senate and the House of Representatives suggests the bureau has a full plate when it comes to enforcement-related probes of financial services providers. For instance, “Investigations currently underway span the full breadth of the bureau’s enforcement jurisdiction,” the report stated. “Further detail about ongoing investigations will not generally be made public by the bureau until a public enforcement action is filed.” Elsewhere, the report reminded lawmakers that the bureau was a party in 41 public enforcement actions from Oct. 1, 2013, through Sept. 30, 2014, the period covered by the report, and it proceeded to highlight all of them.However, not all of them have been settled, such ...

CFPB Raises TILA Reg Z Exemption Threshold. The CFPB raised the asset size for banks exempt from the requirement to establish an escrow account for higher-priced mortgages under Regulation Z (Truth in Lending Act) from $2.028 billion to $2.060 billion, as of Jan. 1, 2015. The adjustment is based on the 1.1 percent increase in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the 12-month period ending in November 2014. The adjustment to the escrow exemption asset-size threshold will also increase a similar threshold for small-creditor portfolio and balloon-payment qualified mortgages. CFPB Increases HMDA Reg C Exemption Threshold. The bureau slightly ratcheted up the asset- size exemption threshold for financial institutions reporting ...

Bank of America’s never-ending litigation woes spilled into 2015 as Ambac Assurance hit the bank with a new lawsuit related to toxic mortgages. Credit Suisse and Wells Fargo also welcomed the new year facing MBS lawsuits. According to analysts at Stone Fox Capital, an investment advisory firm, Ambac is claiming $600 million in losses, which arose from insuring approximately $1.7 billion in MBS transactions from 2005 to 2007. The MBS were issued by Countrywide Financial, which BofA acquired in 2008 and has been the principal cause of its legal headaches ever since. Ambac emerged...

Ocwen Financial agreed to a $150 million settlement with the New York Department of Financial Services in late December. Officials at the nonbank said Ocwen’s focus will shift to non-agency servicing and originations in 2015. The settlement includes a number of provisions beyond the monetary penalty. To acquire mortgage servicing rights – the fuel for Ocwen’s dramatic growth in recent years – Ocwen must receive approval from the NYDFS and meet performance benchmarks. The NYDFS will also appoint...

Despite reduced guaranty limits in more than 80 counties, recent changes to the VA mortgage limits in 2015 will have no material impact on veteran borrowers or hurt credit availability, according to industry analysts. In enacting the omnibus spending bill, Congress reduced the maximum size of mortgages guaranteed by the VA, matching it to the $625,500 high-cost loan limits for Fannie Mae, Freddie Mac and FHA. The change took effect on Jan. 1, 2015, affecting 82 counties, some seeing as much as a 40 percent reduction in the VA loan limit. For example, loan limits in the New York area fell by 36.1 percent and in the Washington, DC, area, lenders saw a 9.7 percent decline, according to estimates by the Urban Institute. The VA home loan program does not require a downpayment and the guaranty is limited to 25 percent of the loan amount. In certain cases, the program allows a veteran to ...

The FHA rarely talks about its lender and loan review process in detail but in the latest issue of Lender Insight the agency discusses how it is done and how it selects targets for each review. FHA’s overall counterparty quality-control efforts are divided into lender-monitoring reviews, nonperforming loan reviews, post-endorsement technical reviews of performing loans, post-endorsement technical reviews of early payment defaults (EPD), early cohort claim reviews and lender self-reports. For lender-monitoring reviews, the FHA uses a targeting methodology that takes into account loan volume, default/claim rates, participation in specific FHA loan programs, servicer loss-mitigation performance and certain other factors. Loans are selected to determine compliance with FHA requirements. The Quality Assurance Division (QAD) in the Department of Housing and Urban Development’s Single-Family ...

The FHA has temporarily suspended publication of its Quarterly Loan Review Findings Report, which contains the results of all post-endorsement technical reviews (PETRs) conducted by the FHA during a particular quarter. The suspension will give the FHA sufficient time to “recalibrate how the report is run” as well as improve the report, the agency explained. The report is currently published in Lender Insight, a quarterly publication that contains information from the FHA’s Office of Lender Activities and Program Compliance. Specifically, the report contains charts that divide PETRs findings into five main categories. Each chart lists the top five underwriting errors in each category for each review period. The FHA said it is working to display the results in a more user-friendly, actionable manner. It did not say when the quarterly report will be ...

Two FHA lenders have agreed to separate settlements with the Department of Justice and the Department of Housing and Urban Development to resolve allegations of mortgage fraud that resulted in huge losses for HUD. Golden First Mortgage Corp. and its owner/president, David Movtady, have agreed to a $36.3 million settlement with the DOJ to resolve allegations they had lied to the FHA about the quality of loans they had certified for FHA insurance since July 2007. Consequently, the agency incurred more than $12 million in losses since that time, according to court documents. Filed in April 2013 in Manhattan federal court and amended in August 2013, the government complaint sought damages and penalties under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act against Golden First for years of misconduct as an FHA direct-endorsement lender. Golden First was a ...

FHA borrowers who refinance through the agency’s Home Affordable Modification Program will also be eligible to earn $5,000 in the sixth year of their performing, modified loan, subject to the Department of the Treasury’s guidelines, the FHA has announced. The incentive to FHA-HAMP borrowers is one of several enhancements to the Making Home Affordable program that the Department of Housing and Urban Development and the Treasury Department unveiled in December last year. The enhancements were designed to motivate homeowners in MHA to continue making timely mortgage payments, strengthen the safety net for those still facing financial hardships, and help them build equity in their homes. Under the revised HAMP guidelines, all homeowners in the program become eligible to earn $5,000 in the sixth year of their loan modification. This means a borrower’s outstanding principal balance could ...