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Home » Topics » Inside the CFPB » Enforcement

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Hearing Focuses on Sexual Harassment Claims Against FHFA Director, Alleged Retaliation from FHFA, IG

September 28, 2018
Harassment complaints filed against Federal Housing Finance Agency Director Mel Watt took center stage during a House Financial Services Committee hearing late this week in which his accuser testified that the agency, along with its inspector general, treated her unfairly. Simone Grimes began her career at the FHFA in 2010 and became a special advisor in 2015. She complained that she was not given the same benefits as her predecessor in this temporary role and was advised that Watt would ...
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Watt Defends Against Harassment Allegations During HFSC Hearing

September 28, 2018
Lawmakers who scheduled a hearing about a month ago to discuss oversight of the Federal Housing Finance Agency instead found themselves questioning FHFA Director Mel Watt about sexual harassment claims by one of his employees. During the day-long House Financial Services Committee hearing, which included his accuser Simone Grimes, FHFA Inspector General Laura Wertheimer, and the GSE CEOs, Watt fought back against the allegations. He painted his relationship with Grimes as a mentor/mentee-type interaction and questioned the committee’s decision to even allow Grimes to use that forum when she has a lawsuit pending. But Rep. Maxine Waters, D-CA, who admitted to having a close friendship with Watt, said, “It’s a new...
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Corrective Bill Renders VA Orphan Loans Eligible for Ginnie Guarantee

September 21, 2018
Ginnie Mae assured the mortgage industry that it would accept so-called VA orphan loans as long as they satisfy the terms of corrective legislation passed by the House Financial Services Committee recently. “As long as the mortgage loan complies with the law, we will accept it and put our guarantee on it,” said an agency spokesperson in response to an Inside FHA/VA Lending inquiry. Ginnie’s assurance provides certainty to a subset of VA loans that have been in limbo since June because they could not be delivered into Ginnie mortgage-backed securities. Lawmakers responded to industry calls for a legislative fix last week by voting overwhelmingly to approve H.R. 6737, the “Protect Affordable Mortgages for Veterans Act of 2018.” Introduced by Rep. Lee Zeldin, R-NY, the bill would eliminate the seasoning requirements in the recently enacted Dodd-Frank Act reform legislation, which conflicted with ...
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September Issuance of FHA Final Condominium Reforms Unlikely

September 21, 2018
It looks like the Department of Housing and Urban Development will not be able meet its September target date for rolling out its long-awaited FHA condominium reform rule. Such is the consensus among stakeholders whose hopes were raised when HUD Secretary Ben Carson told the House Financial Services Committee in June that he would be issuing the rule this month. “HUD and the Office of Information and Regulatory Affairs (within the Office of Management and Budget) want to release the rules with the updated Single Family Handbook and they are still working on that,” said a real estate industry executive. He added that despite what Carson said at the committee hearing, “September is not likely for a release.” As of press time, the final condo reform rule had not yet been delivered for OMB review, a process that in the past has taken months to complete. In contrast, it took about a ...
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Mortgage Fraud Increased in Past Two Years, Income and Employer Misrepresentation Most Common

September 20, 2018
Mortgage fraud is a growing problem, especially income misrepresentation, according to a recent CoreLogic report. All loan segments showed increased risks, except for the jumbo loan segment, which actually witnessed a decline in application fraud.
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RHS Proposes Various Changes to Loss-Claims, Loss Mit Processes

September 7, 2018
The Rural Housing Service of the U.S. Department of Agriculture has proposed changes to its single-family housing guaranteed loan program to help certain lenders navigate the loss-claim process. Specifically, the RHS proposes to streamline the loss-claim process for lenders that have acquired title to property through voluntary liquidation or foreclosure. Under current rules, when a lender acquires title to a real estate-owned property, the RHS requires the lender to submit a plan to maintain and market the property. Any change to the plan must be approved by RHS. RHS also provides the lender two opportunities to file a loss claim on an REO property: When the property sells during the permissible marketing period, or after the period (typically from nine to 12 months) if the REO property does not sell. The agency proposes to make changes to the loss-claim payment process when a lender acquires ...
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Deloitte Settles Allegations of Sloppy Audits of TBW Financials

September 7, 2018
Big Four accounting firm Deloitte has paid $149.5 million to the federal government to settle allegations of misconduct in connection with its role as the independent outside auditor of defunct FHA lender Taylor, Bean & Whitaker. The settlement amount includes $115 million in restitution paid to the Department of Housing and Urban Development on Aug. 13, 2018, according to the HUD inspector general. The rest of the payment went to the Department of Justice, which brought the charges on behalf of the government. Deloitte admitted neither to any liability nor to wrongdoing. TBW was an FHA direct endorsement lender and a Ginnie Mae-approved mortgage-backed securities issuer and servicer. It originated, underwrote, acquired and sold mortgages to Freddie Mac and other investors, which used the loans to support MBS issuance or held them as investments. In its heyday, TBW was one of the ...
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HECM Lenders Take a Beating in 2Q18 as Originations Plummet

September 7, 2018
Home Equity Conversion Mortgage originations fell dramatically in the second quarter, raising the possibility of a long reverse-mortgage winter in 2018, according to an Inside FHA/VA Lending analysis of HECM data. HECM production fell a whopping 40.9 percent in the second quarter from the previous period. Total HECM originations stood at $8.6 billion by the six-month mark, down 8.3 percent from the prior year. Traditional HECMs, which exclude purchases and refinances, accounted for 80.5 percent of FHA-insured reverse mortgages originated during the first half of 2018. The amount of funds available at loan origination for the first six months totaled $4.7 billion. Analysts blame the low HECM originations on the new lower Principal Limit Factors (PLFs) for HECMs, which became effective in FY 2018. Under the HECM final rule issued last year by the Department of Housing and Urban Development, principal limits [Chart]
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CFPB Refuses to Set Aside or Modify Civil Investigative Demand

September 4, 2018
The CFPB recently refused to set aside or modify a civil investigative demand filed against a debt collection company, the latest sign that the bureau is being tough in pursuing certain investigations, said attorneys.The CFPB filed two CIDs in 2017 under former Director Richard Cordray against Firstsource Advance regarding debt collection issues. The company then sought to set aside or modify the bureau’s second CID, but the agency denied the petition ...
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Worried Mortgage Industry Pens a ‘Don’t be Rash’ Letter to Treasury

August 31, 2018
A dozen or so mortgage, housing and consumer groups are putting the final touches on a new letter to Treasury Secretary Steven Mnuchin, asking that the department not make any radical administrative changes to the operations of Fannie Mae and Freddie Mac, according to industry stakeholders familiar with the matter. The immediate and chief concern is that Federal Housing Finance Agency Director Mel Watt could depart prematurely, throwing the balance of power over to the White House, which would then move to pick a new FHFA director. The industry fears the administration’s pick, working in tandem with Treasury, would then move to cut GSE loan limits as a test to see if the private...
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