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Inside the CFPB

January 16, 2017

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Trump Administration Signals Intention to Sack CFPB’s Cordray

Is this the last week on the job for CFPB Director Richard Cordray? Speculation is suddenly growing fast and furiously that the director’s time is about over, that President-elect Trump will use his signature line from his Apprentice television show, “you’re fired” shortly after he is inaugurated on Jan. 20, 2017. What took this once-peripheral issue abruptly into overdrive are press reports that retired U.S. Congressman Randy Neugebauer, R-TX, met with the president elect at Trump Tower in New York City last week to discuss becoming the new head of the CFPB. Neugebauer, the former chairman of the House Financial Services Committee’s Financial Institutions and Consumer Credit Subcommittee, reportedly has not been offered the job, as of press time, and ... Read More

CFPB Defenders Urge Trump White House to Keep Cordray at Helm

With the inauguration of Donald Trump as the 45th president of the United States now just days away, anxiety among defenders of the CFPB that its director, Richard Cordray, may be booted is intensifying, prompting some of his more vocal supporters to make impassioned public pleas to defend him and preserve the agency he heads. Up on Capitol Hill, Democrats on the House Financial Services Committee urged the new president to “reject the Wall Street agenda” and not remove Cordray from his post. “Any attempts to remove Director Cordray from his position are without historical precedent, and intended solely to distract the director and the bureau from its important work protecting servicemembers, students and other borrowers from financial predation,” the ... Read More

Appeals Court Grants PHH’s Request to Respond to USSG

Late last week, the District of Columbia Court of Appeals disregarded the objections of the CFPB and gave PHH Corp. permission to respond to the federal government’s arguments in support of en banc review of the court’s earlier three-judge panel decision.“Upon consideration of petitioners’ motion for leave to file a supplemental response to petition for rehearing en banc, the opposition thereto, and the reply, it is ordered that the motion be granted,” 11 of the 12 judges wrote in an order issued Jan. 13. PHH’s supplemental response is due Jan. 27, 2017, and is not to exceed 15 pages. Back in October, the three Republican appointees ruled that the CFPB’s leadership structure involving a single director who can be ... Read More

PHH Corp. May Have an Ally In Case Against CFPB

While many in the mortgage industry wait for the District of Columbia Circuit Court of Appeals to decide whether to rehear the arguments of the CFPB in its wrangling with PHH, the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. have stepped back onto the legal stage at the district court level. Specifically, “Plaintiffs respectfully move [the U.S. District Court for the District of Columbia] to hold a status conference at its earliest convenience to determine how this case ... can be most efficiently adjudicated in light of the CFPB’s petition for en banc review of the panel decision in PHH Corp. v. CFPB,” State National Bank and its parties asked the appeals ... Read More

ABA Calls for CFPB Reform, Expanded Qualified Mortgage

The American Bankers Association sent a letter to the leaders of Congress recently, urging adoption of a bipartisan regulatory relief package that would provide unspecified reform of the CFPB and address an expanded definition of a qualified mortgage. When it comes to the bureau, the ABA urged sensible regulation by restoring “balance to the regulatory process, including Consumer Financial Protection Bureau reform,” and by focusing on promoting both economic growth and safety and soundness. On the QM point, the organization asked lawmakers to “reform mortgage regulations that have raised costs and prevented banks from flexibly serving their customers without enhancing consumer protections or safety and soundness. Most crucially, deeming loans held in portfolio as qualified mortgages will expand safe and ... Read More

HSBC Slammed With $33 Million Fine Over Flawed Foreclosures

The Office of the Comptroller of the Currency recently fined HSBC $32.5 million for failure to correct faulty foreclosure practices in a timely manner as per a consent order originally issued back in 2011 to correct practices that harmed borrowers in the wake of the housing market’s collapse. The OCC also said the institution failed to file payment change notices (PCN) that complied with bankruptcy rules, which resulted in roughly $3.5 million in borrower remediation for approximately 1,700 mortgage loan accounts. “The bank’s untimely and missed PCN filing practices did not comply with bankruptcy rules, required the bank to undertake operational enhancements to achieve compliance, and were unsafe and unsound practices,” according to the consent order. The bank neither admitted ... Read More

Justice Dept. Settles Redlining Allegations With Two Ohio Banks

The U.S. Department of Justice recently reached a settlement with two jointly owned but independently operated banks in Ohio, Union Savings Bank and Guardian Savings Bank, resolving allegations that the pair engaged in a pattern or practice of redlining predominantly African-American neighborhoods in and around the Ohio cities of Cincinnati, Columbus and Dayton, as well as in Indianapolis. According to the government’s complaint, Union (with $2.7 billion in assets and 29 branches) and Guardian (with $861 million in assets and 11 branches) violated the Fair Housing Act and the Equal Credit Opportunity Act, which prohibit financial institutions from discriminating on the basis of race and color in their mortgage lending practices. The Justice Department alleges that, from at least 2010 ... Read More

Mortgage Complaints Keep Falling as Market Continues to Heal

Empirical evidence of the mortgage market’s recovery is still piling up, with the latest quarterly consumer complaint data from the CFPB showing that gripes about home loans fell in most categories tracked, both on a quarterly basis and year over year, according to a new analysis and ranking by Inside the CFPB. Consumer criticisms in the fourth quarter fell a solid 15.0 percent from the period ending Sept. 30, 2016. Finger pointing by borrowers fell on a YOY basis as well, but by a smaller 4.5 percent, the data show.With fewer and fewer borrowers underwater or in foreclosure these days, it should be no surprise that complaints about loan modification are down the most [With three exclusive data charts] ... Read More

CFPB News in Brief

Bureau Mulling Possible Changes to HMDA Resubmission Guidelines. It’s been roughly one year since the CFPB issued a request for information regarding Home Mortgage Disclosure Act resubmission guidelines, and the bureau has yet to decide which way to proceed. The agency received 31 comments in response to the RFI, which was published Jan. 12, 2016, in the Federal Register. Commenters included HMDA reporters, industry trade groups, and consumer groups.... Revisions to Interagency Compliance Rating System Still Pending. The CFPB and the other members of the FFIEC continue to review public comments on their April 29, 2016, proposal to revise the existing Uniform Interagency Consumer Compliance Rating System to reflect regulatory, supervisory, technological, and market changes since the system was established.... Read More

Other News in Brief

Trump Administration Staffs up Bureau ‘Landing Team.’ The transition team of the incoming administration of President-elect Trump recently announced the members of its CFPB “landing team,” one of whom is Paul Atkins, currently CEO of Patomak Global Partners, a consulting firm. Atkins is a former commissioner at the Securities and Exchange Commission.... House, Senate Re-tool for 115th Congress. Congressional leaders have updated their committee and subcommittee leadership assignments for a new Congress that promises to put more heat than ever on the CFPB, now that a Republican will occupy the White House for the first time since the passage of the Dodd-Frank Act and the establishment of the bureau.... Read More

State Roundup

NY Acts to Hold Banks and Mortgage Servicers Accountable for Maintaining “Zombie Properties.” The New York Department of Financial Services recently finalized a regulation intended to protect communities from the blight of “zombie properties” by requiring banks and mortgage servicers to report and maintain vacant and abandoned properties.... Mortgage Servicers Face New Licensing Requirement in Kentucky. The Kentucky Department of Financial Institutions has decided to require both master servicers and subservicers to obtain a license as a mortgage loan company with the KDFI if the loans being serviced are secured by residential real property located in the state.... Read More

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