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Volume 29 - Number 3

January 20, 2012

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PHH’s Use of Captive Mortgage Insurers Comes Under CFPB Scrutiny for Possible RESPA Violation

PHH Corp. has become the first publicly identified lender targeted to be investigated by the new Consumer Financial Protection Bureau, which is trying to determine if PHH steered mortgage borrowers into using its captive mortgage reinsurance program, the firm revealed last week. “In January 2012, the Consumer Financial Protection Bureau notified the company that the CFPB had opened an investigation to determine whether mortgage insurance premium ceding practices to the company’s captive reinsurers comply with the Real Estate Settlement Procedures Act and other laws enforced by the CFPB and requested certain...

2011 Finished on a High Note, Modestly More Room at the Top Despite Wells Breakaway

Early indicators suggest that mortgage origination volume was up significantly during the fourth quarter of 2011, but momentum heading into the new year was relatively weak. In earnings reports, eight top lenders have reported solid increases in production levels over the previous quarter, and as a group they posted their best three-month volume of the year. Wells Fargo, U.S. Bank and BB&T reported hefty increases in production during the fourth quarter, with Citi, PHH Mortgage and PNC also putting up big numbers. Chase managed a much smaller increase than its peers, while...(Includes two data charts)

Newly Empowered CFPB Jumps Right into Mortgage Origination Examination of Banks and Nonbanks

The Consumer Financial Protection Bureau wasted no time in moving forward aggressively with its new director, last week releasing its mortgage origination examination procedures that will be used to scrutinize mortgage lenders and brokers in both the bank and nonbank sector of the industry. The procedures are the clearest indication yet that nonbanks are generally going to be held to the same standards, expectations and requirements as their more traditional banking counterparts. The new procedures outline the CFPB’s supervisory approach to making sure mortgage originators comply with federal...

Ally Bucks Trend, Supports GSE Proposal to Radically Transform Servicing Compensation

Fannie Mae and Freddie Mac have drummed up little support for their controversial proposal to pay mortgage servicers a flat fee for performing loans, but one top-tier lender has stepped forward to publicly endorse the idea. Ally Financial in a comment letter to the Federal Housing Finance Agency said it supports the so-called fee-for-service proposal, combined with a policy that would provide for the separation of excess interest-only cash flows from the underlying mortgage servicing rights. The company, which ranked as the fifth-largest servicer in the market as of the end of September, did...

Frustrated Calif. House Dems Urge President Obama To Replace FHFA’s DeMarco via Recess Appointment

Citing the urgent need to take “immediate action to prevent more foreclosures,” a group of more than two dozen House lawmakers is urging President Obama to appoint a new permanent Federal Housing Finance Agency director via a recess appointment. In a letter sent to the president last week, 28 California Democrats said the FHFA under the stewardship of Acting Director Edward DeMarco has “consistently and erroneously interpreted its mandate” as Fannie Mae and Freddie Mac’s regulator “far too narrowly” and failed to help struggling California homeowners. “As the fiduciary of government-backed...

Servicing Settlement Near, Says HUD Chief, But Many Issues Appear Still Unresolved

Shaun Donovan, secretary of the Department of Housing and Urban Development, this week said the multistate foreclosure settlement is “very close” to reaching its conclusion, during a speech at the U.S. Conference of Mayors. However, a meeting last week among more than a dozen state attorneys general to discuss alternatives and to air grievances suggests there is still a lot of work to do. Some of the state AGs attending the meeting have been outspoken regarding their frustrations with the process. They included Kamala Harris of California and Eric Schneiderman of New York, who are not currently...

Despite Broad Support for Bulk REO Sales, Agencies Would Have to Change Thinking

Bulk sales of real estate owned properties by Fannie Mae, Freddie Mac and the FHA that would become rental properties may help relieve pressure from an excess of inventory for sale, but it will require a change in how the agencies have traditionally handled their foreclosure inventory. The Federal Reserve earlier this month made a strong case for an REO-to-rental strategy, arguing that even if it costs the agencies a little more in foreclosure losses it could help the broader housing market by firming up prices and shifting more units to meet growing demand for rental housing. Many private...

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Are current mortgage underwriting standards too tough?

Yes, they don’t reflect current market conditions and need to be adjusted to allow borrowers with below 700 FICO scores and smaller downpayments to qualify for mortgages.
Yes, and something needs to be done to significantly reduce repurchase or buyback risk so that lenders don’t apply even tougher underwriting overlays.
No, the standards are appropriate given current risks and the major default problems the mortgage market has experienced over the past several years.

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