CFPB begins cracking down on mortgage servicers The agency began sending data requests to companies on how they are handling forbearance programs

Didier Malagies • April 20, 2021


The Consumer Financial Protection Bureau (CFPB) is making good on its threats to police mortgage

servicers.


In late January, the agency released a series of authority actions warning servicers that they need to do right by consumers who need access to forbearance programs. According to a new report from Reuters, the government watchdog is already actively investigating several servicers.


The agency sent data requests to mortgage servicers on how they are handling forbearance programs and whether the temporary debt relief is likely to get borrowers back on their feet, unnamed sources told Reuters. According to Reuters’ sources, the CFPB also opened a number of probes into how servicers are handling forbearance requests.


Specifically, the agency is examining how many and which borrowers are in forbearance, whether loan modifications will succeed in getting borrowers repaying, if servicers have been obstructing or delaying forbearance requests or granting only partial relief, and if some servicers have been discriminating against borrowers based on race or ethnicity, whether deliberately or inadvertently, sources said.

“We are very concerned and we’re watching closely,” said one of the people to Reuters. “Our supervision team is robustly asking for more data than ever from servicers.”

The lenders were not identified by name.


The latest news on eClosings

In this webinar, we’ll provide the most current information on hybrid and full eNote eClosings, discuss the increases happening in eNote adoption, define the progression happening in eNotarization including RON, and discuss key criteria to successfully implementing your eClosing strategy.

Presented by: First American Docutech


Like many other government agencies, the CFPB relaxed a number of policies to aid consumers at the onset of the pandemic. However, with the rollout of successful vaccines and unemployment dropping below half its pandemic-era peak, the CFPB began to rollback on flexibilities and take a more direct approach to servicers actions.


On March 31, the CFPB rescinded seven of its temporary policies put in place due to COVID-19, and said it intends to exercise the full scope of its supervisory and enforcement authority provided under the Dodd-Frank Act.


“Companies should have had sufficient time to adapt to the pandemic and should now be able adequately to comply with the law and respond to enforcement actions or supervisory activities without the flexibility afforded under the statement,” the Bureau said after withdrawing its signature from the Statement on Bureau Supervisory and Enforcement Response to COVID-19 Pandemic.

The CFPB withdrew its signature from an interagency statement that allowed for leniency on loan modifications and reporting for financial institutions that was signed by the agency in April 2020, alongside the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration and the Office of the Comptroller of the Currency.

The CFPB also withdrew its name from a statement outlining flexibilities on industry appraisal standards, rolled back leniency on credit reporting, and rescinded flexibilities on reporting Home Mortgage Disclosure Act data.


The next day the CFPB released a compliance bulletin warning servicers that “unprepared is unacceptable.” The agency said it will closely monitor how servicers work to prevent a wave of foreclosures from occurring this fall and listed a number of expectations it intends for servicers to uphold.


Four days later, on April 5, the CFPB proposed taking the issue into its own hands and released a notice of proposed rulemaking that would amend Regulation X to provide a special pre-foreclosure review period prohibiting servicers from starting foreclosures until after December 31, 2021. The move was met with mixed reviews – some in the industry said the agency was overstepping its bounds.


At the peak of forbearance, nearly 6 million borrowers were in some form of forbearance, but over half of those homeowners have since exited. According to MBA data, close to 86% of those who have exited did so with some sort of plan in place or they simply continued making their payments while they were in forbearance.


“I think the math speaks for itself how well the forbearance program has worked, and it’s one of the few times in my career that I have seen a government-initiated program adopted as well and executed as well by the industry as this one,” said Rick Sharga, executive vice president of RealtyTrac.


Following the news that the CFPB is already cracking down, a spokesperson told Reuters that the CFPB’s main focus is to protect consumers financially harmed by the COVID-19 pandemic.



“Part of that work is using our supervisory authority to ensure mortgage servicers are treating borrowers fairly and meeting their responsibilities under federal law,” the spokesperson said.

Leave a comment




Start Your Loan with DDA today
Your local Mortgage Broker

Mortgage Broker Largo
See our Reviews

Looking for more details? Listen to our extended podcast! 

Check out our other helpful videos to learn more about credit and residential mortgages.

By Didier Malagies October 27, 2025
🏦 1. Fed Rate vs. Market Rates When the Federal Reserve cuts rates, it lowers the federal funds rate — the rate banks charge each other for overnight loans. That directly affects: Credit cards Auto loans Home equity lines of credit (HELOCs) These tend to move quickly with Fed changes. 🏠 2. Mortgage Rates Mortgage rates are not directly set by the Fed — they’re more closely tied to the 10-year Treasury yield, which moves based on investor expectations for: Future inflation Economic growth Fed policy in the future So, when the Fed signals a rate cut or actually cuts, Treasury yields often fall in anticipation, which can lead to lower mortgage rates — if investors believe inflation is under control and the economy is cooling. However: If markets think the Fed cut too early or inflation might return, yields can actually rise, keeping mortgage rates higher. So, mortgage rates don’t always fall right after a Fed cut. 📉 In short: Fed cuts → short-term rates (credit cards, HELOCs) usually fall fast. Mortgage rates → might fall if inflation expectations drop and bond yields decline — but not guaranteed. tune in and learn https://www.ddamortgage.com/blog didier malagies nmls#212566 dda mortgage nmls#324329 
By Didier Malagies October 20, 2025
🟩 1. FHA Streamline Refinance Purpose: Simplify refinancing for homeowners who already have an FHA loan — lowering their rate or switching from an ARM to a fixed rate with minimal paperwork and cost. Key Features: No income verification usually required No appraisal required in most cases (uses the original home value) Limited credit check — just to confirm good payment history Must benefit financially (lower rate, lower payment, or move to a more stable loan) Basic Rules: You must already have an FHA-insured loan No late payments in the past 12 months At least 6 months must have passed since your current FHA loan was opened The refinance must result in a “net tangible benefit” — meaning it improves your financial situation Appraisal Waiver: Most FHA Streamlines don’t require an appraisal at all — it’s based on the original value when the loan was made. 👉 So, the loan amount can’t exceed your current unpaid principal balance plus upfront MIP (mortgage insurance premium). 🟦 2. VA Streamline Refinance (IRRRL) (IRRRL = Interest Rate Reduction Refinance Loan) Purpose: For veterans, service members, or eligible spouses who already have a VA loan, this program allows them to lower their rate quickly and cheaply. Key Features: No appraisal required (uses prior VA loan value) No income or employment verification Limited or no out-of-pocket costs (can roll costs into new loan) No cash-out allowed — it’s only to reduce the rate or switch from ARM to fixed Basic Rules: Must have an existing VA-backed loan Must show a net tangible benefit (like lowering monthly payment or rate) Must be current on mortgage payments Appraisal Waiver: VA Streamlines typically waive the appraisal entirely, meaning your home value isn’t rechecked. This makes the process much faster and easier. 🟨 3. The “90% Appraisal Waiver” Explained This term often shows up when: A lender chooses to order an appraisal, but wants to use an automated value system (AVM) or When the lender uses an appraisal waiver (like through FHA/VA automated systems) up to 90% of the home’s current estimated value. In practice: It means the lender or agency allows the loan amount to be up to 90% of the home’s estimated value without a full appraisal. It’s a type of limited-value check — often used when rates are being lowered and no cash-out is being taken. It helps borrowers avoid delays and costs tied to a new appraisal. Example: If your home’s estimated value (per AVM or prior appraisal) is $400,000, a 90% waiver means your loan can go up to $360,000 without needing a new appraisal. ✅ Summary Com  tune in and learn https://www.ddamortgage.com/blog didier malagies nmls#212566 dda mortgage nmls#324329
By Didier Malagies October 13, 2025
Here are alternative ways to qualify for a mortgage without using tax returns: 🏦 1. Bank Statement Loans How it works: Lenders review 12–24 months of your business or personal bank statements to calculate your average monthly deposits (as income). Used for: Self-employed borrowers, business owners, gig workers, freelancers. What they look at: Deposit history and consistency Business expenses (they’ll apply an expense factor, usually 30–50%) No tax returns or W-2s required. 💳 2. Asset Depletion / Asset-Based Loans How it works: Instead of income, your assets (like savings, investments, or retirement funds) are used to demonstrate repayment ability. Used for: Retirees, high-net-worth individuals, or anyone with substantial savings but limited current income. Example: $1,000,000 in liquid assets might qualify as $4,000–$6,000/month “income” (depending on lender formula). 🧾 3. P&L (Profit and Loss) Statement Only Loans How it works: Lender uses a CPA- or tax-preparer-prepared Profit & Loss statement instead of tax returns. Used for: Self-employed borrowers who can show business income trends but don’t want to use full tax documents. Usually requires: 12–24 months in business + CPA verification. 🏘️ 4. DSCR (Debt Service Coverage Ratio) Loans How it works: Common for real estate investors — qualification is based on the property’s rental income, not your personal income. Formula: Gross Rent ÷ PITI (Principal + Interest + Taxes + Insurance) DSCR ≥ 1.0 means the property “covers itself.” No tax returns, W-2s, or employment verification needed. 💼 5. 1099 Income Loan How it works: Uses your 1099 forms (from contract work, commissions, or freelance income) as income documentation instead of full tax returns. Used for: Independent contractors, salespeople, consultants, etc. Often requires: 1–2 years of consistent 1099 income. Higher down payment and interest rate required. tune in and learn https://www.ddamortgage.com/blog didier malagies nmls#212566 dda mortgage nmls#324329 
Show More