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Ocwen Faces Lawsuits, Cease-and-Desist Orders

April 28, 2017
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 ...
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Bank Holdings of Non-Agency MBS Dwindle

April 28, 2017
Holdings of non-agency mortgage-backed securities by most banks and thrifts are declining, according to a ranking and analysis by Inside Nonconforming Markets. Banks and thrifts held $63.00 billion of non-agency MBS as of the end of 2016, down 23.9 percent from the end of 2015. The holdings are concentrated among five banks, which accounted for 64.9 percent of all non-agency MBS held by the industry as of the end of 2016. JPMorgan Chase held ... [Includes one data chart]
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Financial CHOICE Act Re-Proposed in House

April 28, 2017
Rep. Jeb Hensarling, R-TX, introduced a revised version of the Financial CHOICE Act this week. The bill would impact many regulatory reforms included in the Dodd-Frank Act, which was signed into law in 2010. Perhaps most significant for the non-agency market, the CHOICE Act would apply qualified-mortgage protections to home loans held in portfolio. Banks offering mortgages with interest-only features, balloon payments or high debt-to-income ratios that don’t currently ...
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News Briefs

April 28, 2017
Ventana Home Mortgage recently launched mortgage conduit operations based in part on rights that were acquired from WinWater Home Mortgage. The lender said it is focusing on acquiring non-qualified mortgages from correspondent lenders, with plans for issuing non-agency mortgage-backed securities.Ventana is a subsidiary of Window Rock Capital Partners. Neat Capital recently launched its mortgage lending platform, with a focus on ... [Includes six briefs]
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FHA/VA Default Rates Down In Seasonal Shift in Early 2017

April 28, 2017
Mortgage default rates for FHA and VA loans followed seasonal trends and shifted significantly lower in the first quarter of 2017, according to a new analysis and servicer ranking by Inside FHA/VA Lending. While both portfolios showed strong growth in the dollar volume of loans outstanding in Ginnie Mae mortgage-backed securities, there were also huge declines in the number of loans past due. Some $1.036 trillion of FHA forward mortgages were in Ginnie pools at the end of March, up 1.1 percent from the previous quarter. But delinquency rates for the less-severe categories of late payment were down sharply. The number of FHA loans 30-60 days past due, for example, declined by 28.4 percent, lowering the delinquency rate by 1.51 percentage points, leaving it just about where it was a year ago. The same thing happened in the VA sector. Total VA supply grew 3.2 percent to ... [Charts]
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VA Seeks Public Input on Ways to Make VA Loans More Competitive

April 28, 2017
The VA Home Loan Guaranty Service is revisiting agency rules on allowable fees and charges veterans pay to obtain a VA loan for possible changes. VA is seeking comments on a proposed rule that would ease current restrictions to put borrowers in a better position to bargain during negotiations for a home purchase. While the current rule continues to protect veterans from incurring unreasonable closing costs as originally intended, some veterans and their representatives have complained that the restrictions weaken their ability to negotiate with sellers and lenders. Compared with a conventional purchase-loan transaction, sellers and lenders find it more difficult to deal with a borrower with a VA loan because they end up bearing many of the customary fees and charges, the VA explained. “The restrictions on fees and charges puts borrowers at a bargaining disadvantage against ...
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VA Issues Guidance for Recording Fees, Charges on TRID-CD Form

April 28, 2017
The Department of Veterans Affairs has issued guidance regarding documentation of allowable fees and charges under the Consumer Financial Protection Bureau’s Truth in Lending Act-Real Estate Settlement Procedures Act Integrated Disclosure Closing Disclosure, or TRID-CD form. Under the guidance, VA lenders must document all allowable fees and charges assessed against the borrower as well as any lender and seller credits on the TRID-CD. VA now requires documentation because it no longer accepts a separate, itemized list of credits and charges, as previously allowed with the HUD-1 form. In completing the closing-cost section of the TRID-CD, fees charged to the veteran must be listed in the “Borrower Paid” column. Lender credits should be listed in the “Paid by Others” column, the agency said. Closing costs that are paid for by either the seller or the lender must be placed in either the ...
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Extra Income, Loan Payoff Leading Reasons for Taking Out HECM Loan

April 28, 2017
The most common motivation for borrowers (and nonborrowers) in opting for a reverse mortgage was “to gain extra income for everyday expenses” and “paying off mortgage debt,” according to an Ohio State University study on reverse mortgage motivations and outcomes. Published in the latest issue of the Department of Housing and Urban Development’s Cityscape: A Journal of Policy Development and Research, the study said both motivations reflect previous findings that reverse mortgage borrowers are likely to be “house rich” and cash poor.” The study used survey information collected as part of the Aging in Place (AIP) study, which looked at borrower motivations for seeking a Home Equity Conversion Mortgage as well as reasons for not getting one. The primary data set consisted of 1,761 senior households that received counseling for a HECM loan between 2006 and 2011 and responded to the ...
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VA Issues New Loss-Mitigation Option to Help Vets Retain Homes

April 28, 2017
The Department of Veterans Affairs has issued new guidelines and instructions for modifying VA-guaranteed mortgages in lieu of previous guidance regarding the agency’s Home Affordable Modification Program (HAMP). VA has a long-standing policy of encouraging servicers to work with borrowers to explore all reasonable options to help them keep their home or reduce losses through loss mitigation. The agency requires lenders to consider VA-guaranteed loans for a VA Affordable modification (VAAM) when traditional home-retention options are not feasible. A VAAM allows a new monthly, fixed-rate mortgage payment no greater than 31 percent of the borrower’s monthly gross income. It can cover principal, interest, property taxes, insurance and condominium or homeowner association fees The rate must not exceed the most recent Freddie Mac benchmark rate for ...
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Federal Shutdown or Not, No Major Disruption Anticipated for FHA

April 28, 2017
As of press time, Congress passed a one-week stopgap spending measure to keep the government open through May 5, averting a looming government shutdown. The House passed H.J. Res. 99 by a vote of 373 to 30. The continuing resolution has been sent to President Trump. The continuing resolution provides lawmakers sufficient time to negotiate an omnibus spending bill. The previous spending bill was scheduled to expire at midnight, April 28, which would have resulted in a government shutdown similar to the one that paralyzed the federal government in 2013. A shutdown can cause grief for sellers and homebuyers and severely delay processing of mortgage loans if lenders cannot verify a borrower’s tax data or Social Security number. This time, however, the FHA and VA are prepared for such an eventuality, said industry observers. A 16-day government shutdown in October 2013 sent millions of ...
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