State Regulators

Browse articles from all of our Newsletters related to State Regulators.

May 22, 2017 - Inside the CFPB

CFPB, DOJ Oppose State AG Settlement Funds Proposal

The CFPB and the Department of Justice have separately filed motions opposing a proposal from a handful of state attorneys general to take $15.14 million of unused settlement funds from the bureau’s $50 million enforcement action against Sprint and instead redirect it to two other purposes. The AGs of Connecticut, Indiana, Kansas and Vermont recently proposed taking $14.0 million of the unused money from the U.S. Treasury, which could receive it under the terms of the redress plan, and instead giving it to the National Association of Attorneys General to establish a National Attorneys General Training and Research Institute Center for Consumer Protection. The AGs also want to repurpose the remaining unspent amount, $1.14 million, and give it to a ...

May 8, 2017 - Inside the CFPB

Ocwen Faces Ratings Downgrades, Pending Class-Action Litigation

Ocwen Financial Corp. is facing more trouble than just its struggle with the CFPB and a number of state regulators. The mortgage lender/servicer also faces the increasing likelihood of some ratings downgrades as well as pending class-action lawsuits. Fitch Ratings recently revised Ocwen’s U.S. residential mortgage-backed securities servicer ratings outlook to negative. “The revision of the rating outlook for the servicer ratings is based on uncertainty surrounding the financial and operational impact of new regulatory actions taken by the CFPB and the multi-state actions following the findings of the Multi-State Mortgage Committee,” Fitch said. The negative rating outlook also takes into consideration Ocwen’s financial condition. Fitch placed the company’s and its corporate parent’s long-term issuer default rating on “rating watch ...

May 5, 2017 - Inside Mortgage Trends

States Challenge OCC’s ‘Fintech’ Charter

State regulators filed a complaint last week seeking to prevent the Office of the Comptroller of the Currency from creating a national charter for nonbank financial technology companies. The charter would preempt state laws, eliminating a “patchwork” of compliance issues for marketplace lenders and other fintech companies. “If the OCC is allowed to proceed with the creation of a special-purpose nonbank charter, it will set a dangerous precedent that any federal agency can ...

May 4, 2017 - Inside Mortgage Finance

Ocwen Buys Some Time With New Residential Servicing Deal, But Doubts Remain About Who Will Fill the Void

Can the financially troubled and regulator-challenged Ocwen Financial survive? It’s not an unfair question given its most recent travails and this week’s news that it struck a $425.0 million transaction “in principle” to sell some of the cash flows on $117 billion in mostly non-agency servicing rights to New Residential Investment Corp. As the weekend approached, analysts that follow the company were speculating that Ocwen is going through what looks like a controlled liquidation, selling off assets – mostly the cash flow stream on its servicing portfolio – and buying time while it fights regulatory sanctions in 31 states. The company is...

April 28, 2017 - Inside Nonconforming Markets

Ocwen Faces Lawsuits, Cease-and-Desist Orders

Last week, the Consumer Financial Protection Bureau and many state regulators took coordinated actions against Ocwen Financial, alleging a number of servicing problems. Ocwen, the largest subprime servicer, disputes the allegations. The CFPB lawsuit, along with lawsuits and cease-and-desist orders from at least 24 state regulators, could be catastrophic for Ocwen. Most of the cease-and-desist orders prevent the company from originating mortgages until it proves it can appropriately ...

April 28, 2017 - Inside MBS & ABS

Moody’s, Fitch Pummel Ocwen with Downgrades Following Legal Actions by CFPB, State Regulators

Ocwen Financial’s travails continued to worsen this week after rating agencies announced adverse ratings actions amid the servicer’s mounting regulatory and legal problems. On April 24, Moody’s Investors Service placed Ocwen’s servicer assessment on review for a possible downgrade. On April 25, Fitch Ratings revised its previous rosy affirmation of the company’s primary servicer rating and stable outlook to negative. Both firms said the ratings actions were due to the increased regulatory scrutiny on Ocwen’s servicing operations, which could lead to hefty penalties that could pose a threat to the company’s financial stability. On April 20, a consortium of state mortgage regulators filed...

April 24, 2017 - Inside the CFPB

CSBS Asks Congress to Grant QM Status to Portfolio Loans

The Conference of State Bank Supervisors urged the leadership of the Senate Banking, Housing and Urban Affairs Committee to enact legislation that would grant qualified-mortgage status under the CFPB’s ability-to-repay rule for loans held in portfolio, as part of a broader set of proposals to stimulate economic growth. The CSBS was one of a number of groups that responded to an invitation by the banking committee to provide ideas for stimulating economic activity. “State regulators have long supported a flexible approach to underwriting for institutions that retain mortgages in portfolio because interests are inherently aligned between consumers and lenders that retain 100 percent of the risk of default,” said the CSBS. “One solution that would tailor the requirement to the ...

April 24, 2017 - Inside the CFPB

Ocwen Disputes Allegations Raised By State Regulators

Ocwen Financial, stung by legal actions brought simultaneously last week by the CFPB and scores of state regulators, responded by issuing a detailed statement disputing the allegations made by state regulators and defending its business practices. “As with the recent CFPB enforcement action, Ocwen strongly disputes the key allegations made in the state regulators’ cease-and-desist orders that Ocwen’s mortgage loan servicing practices have caused substantial consumer harm,” the company said. “Ocwen will not sign unfair and unjust consent orders that make impractical demands that no other market participant could rationally accept, and which would harm consumers,” it added. “Under these circumstances, Ocwen has a responsibility to its customers, shareholders and employees to vigorously defend the company against unfounded claims while ...

April 24, 2017 - Inside the CFPB

Scores of States Take Actions Of Their Own Against Ocwen

The CFPB was not alone in its crackdown last week on Ocwen Financial over its alleged mortgage servicing failures and violations. The same day the bureau announced its action, Florida Attorney General Pam Bondi and Office of Financial Regulation Commissioner Drew Breakspear filed a federal civil consumer protection lawsuit against Ocwen and subsidiaries, Ocwen Loan Servicing, LLC, and Ocwen Mortgage Servicing, Inc., for what they called “mortgage servicing misconduct.” According to the complaint, Ocwen harmed citizens of the Sunshine State by filing illegal foreclosures, mishandling loan modifications, misapplying mortgage payments, failing to pay insurance premiums from escrow and collecting excessive fees. Ocwen services roughly 125,000 home mortgages in the state. The complaint, filed in federal court in West Palm Beach, ...

April 14, 2017 - Inside Nonconforming Markets

Ocwen Looks Forward, Emphasis on Compliance

With the potential for restrictions placed on Ocwen Financial to be removed in the near future, officials at the nonbank stress that Ocwen has transformed compared with when the restrictions were applied. Near the end of 2014, Ocwen agreed to a $150.0 million settlement with the New York Department of Financial Services. Among other provisions, the settlement required Ocwen to meet certain benchmarks and receive approval from the state regulator before acquiring ...


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