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Home » Topics » Inside the CFPB » State Regulation

State Regulation
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State Regulators Propose Standards for Nonbank Servicers That Align with GSE Rules on Capital

March 26, 2015
State regulators proposed prudential standards for nonbank servicers this week, including provisions that would apply solely to “large, complex” servicers. Many of the standards align with generally accepted business practices and existing standards, including those established by the government-sponsored enterprises. “State regulators have primary credentialing and licensing authority over nonbank mortgage servicers, and are working to ensure ...
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Around the Industry

March 20, 2015
Loan Modification Trial Payment Plans for Forward Mortgages. The Department of Housing and Urban Development has announced requirements for trial plan duration, required signatures, and reporting for trial payment-plan agreements, and the conditions under which FHA deems a TPP to have failed.Lenders must implement the requirements in Mortgagee Letter 2015-07 for all TPPs offered to borrowers on or after June 1, 2015. FHA Publishes Additional Sections of HUD Single-Family Policy Handbook. The FHA has published additional sections for the SF Handbook, including the following: Doing Business with FHA – Lenders and Mortgagees Doing Business with FHA – Other participants in FHA Transactions – Appraisers; Quality Control, Oversight and Compliance – Lenders and Mortgagees; Quality Control Oversight, and Compliance – Other Participants in FHA Transactions – Appraisers ...
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State Standards for Nonbank Servicers Likely to Cover More Than Just Capital

March 19, 2015
A key organization of state banking regulators will soon release a proposed framework for nonbank mortgage servicers, though how it is finally implemented is still up in the air. The Conference of State Bank Supervisors has put together a regulatory framework that covers 12 areas of servicing and is close to being issued for public comment, said Michael Stevens, senior executive vice president of the group, during a panel session at a mortgage servicing conference ...
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Compliance Fears Drive Growth in Subservicing Business as Sector Increases Its Market Reach

March 12, 2015
Subservicing vendors increased their contracts by 23.1 percent in terms of dollar volume over the past year and now process an estimated $1.12 trillion of home mortgages, according to exclusive survey figures compiled by Inside Mortgage Finance. When it comes to market share, subservicers control 12.3 percent of all U.S. housing receivables. According to interviews with industry executives, compliance costs are...[Includes one data chart]
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Antonakes Describes Bureau’s Unique Examination Strategy

February 23, 2015
Despite the comparatively small staff of examiners at the CFPB – close to 500 – Deputy Director Steven Antonakes said in a speech last week that his staff is an “x-factor,” in that the bureau works closely with other state and federal exam teams to leverage its resources. In military terms, that’s known as a force multiplier. “The bureau does not have a safety and soundness mandate. Nevertheless, we very much care about the financial health of banks and nonbanks,” Antonakes said. “As a veteran of two banking crises, I can tell you unequivocally that, in my view, consumer protection is not in conflict with safety and soundness. Consumers benefit from a healthy, competitive, and diversified financial services system through greater access ...
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M&A Heats Up: New Jersey REIT to Buy Aurora While RoundPoint May Be Entertaining Offers

February 12, 2015
RoundPoint Mortgage, a servicer with more than $41 billion of receivables on its books, is entertaining offers for the entire company, according to industry officials briefed on the matter. Moreover, servicing advisors contend that several large bulk servicing portfolios are ready to hit the market in what should turn out to be a busy late winter/early spring for both buyers and sellers of mortgage servicing rights. In a recent public disclosure, Ocwen Financial said...
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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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Ocwen Full Steam Ahead on MBS Clean-up Calls and Ginnie Buyouts? Looks That Way

January 16, 2015
Although Ocwen Financial is in regulatory hot water with California – a dicey proposition given the state’s importance to the mortgage industry – the nation’s fourth-largest servicer will continue with a strategy of non-agency MBS clean-up calls and Ginnie Mae buyouts. At least, that’s what company Executive Vice President and Chief Investment Officer John Britti told Inside MBS & ABS late this week. Britti confirmed continuance of the strategy, but declined to offer any new details or color. The big question, of course, is...
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Suddenly, the Sale of Ocwen’s Agency Servicing Portfolio Looks in Doubt; Ramifications for the M&A Market?

January 15, 2015
Ocwen’s plan to sell roughly $182 billion of agency servicing rights may have gone up in smoke this week after it was revealed that the California Department of Business Oversight could pull its mortgage licenses in the state. One servicing advisor, requesting anonymity, said the nonbank’s latest run-in with regulators “effectively put an illiquid label on all of their servicing rights.” Another advisor suggested...
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Ocwen Settles with NYDFS, Looks to Non-Agency

January 9, 2015
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...
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