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Home » Topics » Inside the CFPB » Enforcement

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Experts Expect More Anti-Churning Policies, Measures from GNM

February 26, 2018
Analysts are monitoring prepayment speeds to see if Ginnie Mae’s efforts to curb serial refinancing or loan churning are having an impact. Wells Fargo Securities analysts said a conversation about churning has started with a handful of Ginnie mortgage-backed securities issuers, which “should be a net benefit for MBS,” especially for higher coupons where outlier speeds are most prevalent. In a recent alert, the analysts said the momentum continues to build to curb churning of VA loans following notification of lenders suspected of engaging in the activity. Nine issuers have received written warnings based on unusual prepayment rates in VA-backed MBS. Such deviations from market norms for an extended period are not acceptable because they put veterans’ earned benefits at risk, the agency said. The outliers were discovered after a comprehensive review of issuer performance and ...
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Issuers Deny Churning VA Loans, Say Preventive Policies are In Place

February 26, 2018
Issuers Ginnie Mae had targeted for allegedly churning VA loans have denied engaging in the practice. Flagstar Bank and NewDay Financial said they have policies and procedures to prevent churning, or serial refinancing, but offered no explanation as to why they were on Ginnie’s list. Both companies were among the nine issuers Ginnie notified earlier this month for performance that “is materially worse than its peers as to be an outlier.” The agency made its determination after analyzing pool characteristics of all issuers. The analysis revealed an unusually higher prepayment rate for securitized VA loans over a long period for all nine issuers compared to other issuers. “Under the analysis, [a] handful of issuers was shown to be consistent material outliers over an extended period,” said Ginnie. “The [review] identified market participants whose pool performance clearly and persistently deviates from ...
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19% of Seniors’ Mortgage-Related Gripes Were About FHA, VA, HECMs

February 26, 2018
Approximately 19 percent of mortgage-related complaints filed by senior citizens with the Consumer Financial Protection Bureau over the last two years involved FHA forward and reverse mortgages and VA loans, according to the CFPB complaints database. The bureau received 8,323 complaints from the elderly between 2016 and 2017 regarding their experiences with FHA, VA, and Home Equity Conversion Mortgages, home-equity loans or lines of credit, conventional mortgages and other home-loan products. Over the two-year period, seniors reported 1,562 problems with their FHA mortgages (702 complaints), reverse mortgages/HECMs (488) and VA-guaranteed loans (372). Conventional mortgages received the highest number of senior citizen complaints (4,240) during the period, while home-equity loan products and other mortgages garnered 780 and 1,741 complaints, respectively. Total complaints overall began trending downward in the first quarter of 2017, from 1,241 to 508 in the ... [Chart]
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Study Calls for Servicing, Loss Mit To Stem HECM Foreclosures

February 26, 2018
A greater focus on reverse-mortgage servicing and loss mitigation would be effective in addressing property-charge foreclosures while also preserving the Home Equity Conversion Mortgage program’s core mission of helping cash-strapped senior citizens, says a new study from the National Consumer Law Center. The study by staff attorney Odette Williamson and Sarah Mancini, of counsel to the NCLC, said the government’s mistaken response to surging insurance claims and increasing defaults on property tax and insurance obligations was to change origination policies. Specifically, the Department of Housing and Urban Development reduced the proceeds available through a reverse mortgage and imposed new underwriting guidelines to curb rising reverse-mortgage foreclosures and stem increased losses to the FHA insurance fund. Although the repercussions of the two distinct problems related to ...
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FHA Offers New Foreclosure Relief Option to Storm, Wildfire Victims

February 26, 2018
FHA is offering new options to victims of hurricanes Harvey, Irma and Maria as well as California wildfires and subsequent flooding and mudslides to avoid foreclosures. Eligible disaster victims in Texas, Louisiana, Georgia, Florida, South Carolina, California, Puerto Rico and the U.S. Virgin Islands may get FHA foreclosure relief, which would allow them to remain in their homes and, at the same time, reduce losses to the mortgage insurance fund. FHA has instructed servicers to reach out to the victims with the new option, “Disaster Standalone Partial Claim.” The new option allows an interest-free second loan to cover up to 12 months of missed mortgage payments. The loan is payable only when the borrower sells the home or refinances the mortgage. The expanded loss mitigation will also streamline income documentation and other requirements to expedite relief to struggling homeowners while they are ...
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Will CFPB Acting Director Mick Mulvaney Take White House Post?

February 20, 2018
The New York Times raised more than a few eyebrows last week when it reported that President Trump is considering having Mick Mulvaney step in as White House chief of staff in the wake of yet another high-level staff departure. Mulvaney currently has two major jobs – director of the Office of Management and Budget and acting director of the Consumer Financial Protection Bureau. That unusual juggling act has generated some criticism from Democrats like Sen. Elizabeth Warren of Massachusetts ...
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Court Ruling Restores Legal Status Of Affiliated-Business Structures

February 20, 2018
The ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the CFPB wrongly interpreted the Real Estate Settlement Procedures Act will have a huge impact on the mortgage market and the regulatory landscape, industry attorneys said. In a closely-watched case involving PHH Mortgage and its captive mortgage reinsurance unit, the court upheld the notion that the plain language of RESPA permits a bona fide payment by one settlement service provider to another if ...
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FHFA Challenges GSE Shareholder Suits Over Agency’s Structure

February 16, 2018
GSE shareholders seeking to challenge the Federal Housing Finance Agency based on its single-director structure may now face an added challenge. The Federal Housing Finance Agency has asked the courts to review the decision of the DC Circuit in PHH Corp. v. Consumer Financial Protection Bureau as it relates to similar complaints against the agency. When a 2016 ruling found that the similarly structured Consumer Financial Protection Bureau is not constitutional, Fannie Mae and Freddie Mac shareholders filed lawsuits asking the courts to vacate the Treasury sweep of GSE profits altogether.
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Court Rules that Many CLO Managers Are Not Subject to Risk-Retention Requirements

February 16, 2018
A three-judge appellate court panel late last week ruled that federal regulators improperly set risk-retention requirements for managers of collateralized loan obligations. The ruling overturned a decision by a lower court but won’t take effect immediately as the federal government could appeal.
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Ginnie Targets Issuers Responsible For Rapidly Prepaying VA Loans

February 9, 2018
Ginnie Mae this week warned nine VA lenders suspected of engaging in loan churning to each develop a plan to slow the rapid pace of prepayments they have triggered in the agency’s securitized loan pools. According to Ginnie, the issuers were directed individually to deliver correction action plans containing measures that could be deployed immediately to bring prepayment speeds in line with market peers. The agency told issuers they would be barred from multi-issuer pools if they do not come up with a plan. Participation would be allowed only in the agency’s custom pools. The latest action builds off the Ginnie Mae/VA Loan Churn Task Force, which has been working since September to resolve the churning problem. “We have an obligation to take necessary measures to prevent the lending practices of a few from impairing the performance of our multi-issuer securities, and thus raising the ... [ Chart ]
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