If the changes proposed by the
While the proposals certainly make the broker model more feasible, the changes that have occurred in the area of compliance and the liability faced by creditors may pose a considerable challenge to a true broker comeback. Indeed, the precedent has been established that lenders may well face direct liability to consumers for the actions of brokers. The CFPB’s third-party servicing rules also place significant responsibility on creditors originating through brokers. The possibility and extent of liabilities for creditors has been greatly enhanced by Dodd Frank, as is the need to in effect take responsibility for compliance through all origination channels. Hence, there may well be hesitation–well founded–by creditors originating loans through brokers where the creditors do not have the level of control they might desire over origination practices. This is especially true if the broker’s exposure is limited from a practical perspective. In short, creditors may hesitate to embrace the broker based origination model.
What is clear is that any broker based business models in the future will need to have a significant commitment to compliance moving forward. This will be necessary as much from the creditors’ perspective as it will be from the perspective of regulators. In fact, I would expect that the extent to which brokers become more prevalent than they are now, it will involve broker based compliance initiatives equal to or exceeding those of creditors, who will have to be convinced that they are not adopting the practices of originators whose activities are less scrutinized or controlled than those of their own employees.
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JPMorganChase and Bank of America raised concerns about the proposed removal of risk-weighted assets from the denominator of the short-term wholesale funding component of the GSIB surcharge — changes backed by Goldman Sachs and Morgan Stanley.
June 26 -
House Speaker Mike Johnson, R-La., reportedly plans to send the recently passed housing bill to the White House on Monday, starting a 10-day clock for the president to sign the bill.
June 26 -
The national delinquency rate rose 15 basis points to 3.5% last month due to a calendar anomaly, marking a 4.5% month-over-month incline and 9.4% annual change.
June 26 -
ICE launched a fraud detection tool for underwriters, Newrez partnered with Matic and Rate announced a free home equity monitoring tool this month.
June 26 -
Nearly one-third of states now have official nonbank standards for liquidity, capital and corporate governance that firms over a certain threshold must meet.
June 26 -
KBW now rates UWM as outperform, and BTIG calls the stock a buy, but both cite high leverage levels and industry macro trends depressing its stock price.
June 26










