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Home » Topics » Inside the CFPB » State Regulation

State Regulation
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States Overhaul Loan Officer Tests, Allowing Uniformity Among 20 States With More to Come

April 4, 2013
In the first major change to loan originator test requirements since tests required by the Secure and Fair Enforcement for Mortgage Licensing Act were implemented in 2009, 20 state regulators adopted new LO tests this week. Industry participants applauded the uniformity among states, which will allow mortgage loan originators to satisfy testing requirements for multiple states in one swoop. Effective April 1, 20 states implemented uniform state content for the SAFE MLO test, five more states will adopt the test July 1 and two state agencies in Texas will adopt the test Oct. 1. MLOs seeking a license in the states will no longer be required to take a second, state-specific test component, according to the Conference of State Bank Supervisors. “This is...
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Loan Originator Ranks Up Slightly in 2012

March 29, 2013
Despite a sharp increase in mortgage originations last year, the number of state-licensed loan originators increased by just 2.7 percent compared to 2011, according to data from the Nationwide Mortgage Licensing System analyzed by Inside Mortgage Trends. A total of 519,428 loan originators were either licensed by the states or registered as staff of a bank, thrift or credit union. The highest concentration of these LOs was in California, where 15.3 percent of the industry ... [Includes one data chart]
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PMIs Credit HUD, Not Tech for FHA Market Gains

March 22, 2013
Some underwriters in the private mortgage insurance space are rolling out new technology in their efforts to reacquire market share lost to the FHA even as market tidal forces continue to shift in favor of private MIs. Radian Guaranty, a subsidiary of Radian Group, has introduced its MI rate finder application, Radian Rates, for Android smart phone devices on Google Play. Designed as a mobile version of the company’s existing online rate finder, Radian Rates checks eligibility, compares options and automatically calculates the MI rate depending on the ...
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Mortgage Acquisitions Come with Regulatory Risk

March 15, 2013
The hundreds of billions of dollars – perhaps trillions of dollars – in recent and upcoming mortgage servicing acquisitions include significant regulatory risks, according to industry lawyers. Concerns include increased attention from regulators, outstanding liabilities and state licensing requirements. Up to $1.5 trillion in servicing could be transferred in the next two years, mostly from depository institutions to nonbanks, according to industry analysts. Most of the large banks are actively ...
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State Regulators Support CFPB’s Small-Creditor Treatment in ATR

March 11, 2013
The Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators and the American Council of State Savings Supervisors submitted a joint comment letter to the bureau expressing strong support for the CFPB’s proposed small-creditor amendment, which was issued along with the ability-to-repay final rule back in January. “CSBS, AARMR and ACSSS have a long-standing policy that regulations should not hinder an insured depository institution’s willingness to engage in portfolio lending, and...
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CFPB Examination Coordination With State Regulators Deepens

March 11, 2013
The CFPB and state mortgage regulators appear to be hitting their stride in establishing a good working relationship when it comes to coordinating their examinations, including the development of an information-sharing protocol state officials hope will further improve efficiencies. Throughout 2012, representatives of the Multi-State Mortgage Committee of the Conference of State Bank Supervisors met regularly with various officials at the bureau to make sure examination scheduling and information sharing...
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CFPB Doesn’t Yield on Authority to Share Information with State AGs

February 25, 2013
The CFPB published a final rule on disclosure of records and information earlier this month in which it did not back off of its insistence that it has discretionary authority to share confidential information with state attorneys general. Under the final rule, the CFPB is allowed to provide discretionary disclosures of confidential information to state AGs “to the extent that the disclosure of the information is relevant to the exercise” of the AG’s statutory authority. And the rule enables the bureau to similarly disclose...
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CFPB to Require Plans on Servicing Sales

February 22, 2013
The Consumer Financial Protection Bureau will closely monitor sales of servicing, particularly to nonbanks, and require new contingency plans from servicers, the agency announced last week. The new scrutiny was prompted by complaints from borrowers as nonbank special servicers have increased their purchases of servicing in recent years. “The CFPB will, in appropriate cases, require servicers engaged in significant servicing transfers to prepare and submit written plans to the CFPB detailing how they will ...
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FHA to Track HFA Sources of Downpayment Aid

February 8, 2013
The FHA will begin monitoring state housing finance agencies (HFAs) to ensure that the cash assistance they provide borrowers for closing costs, downpayment or rehabilitation costs are not coming from illegal sources. FHA Commissioner Carol Galante said there have been concerns about whether some HFA homeownership program funding models are in compliance with the Department of Housing and Urban Development’s current interpretive rule clarifying its prohibition on seller-funded downpayment assistance. Published in the Federal Register, the interpretive rule clarified that ...
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California, Texas Ranked Top FHA Producers

February 8, 2013
California and Texas took the honors for top FHA producers among states and other U.S. jurisdictions in 2012, with a combined $59.2 billion in new mortgage loans insured by the FHA. The combined output of the two states represented 25.5 percent of the $232.1 billion in new FHA originations reported by all 50 states, Puerto Rico, Guam, the U.S. Virgin Islands and the District of Columbia for the entire year. Total FHA production by state was up a modest 5.2 percent in the fourth quarter from the previous quarter and a hefty 21.9 percent from the prior year. California, which accounts for 25 percent of the U.S. housing market, reported ...
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