The Community Home Lenders Association recently sent a letter to CFPB Director Richard Cordray, asking the bureau to require consumer disclosures on each mortgage loan that indicate whether the mortgage loan originator working on that loan is licensed. Such disclosures also should show whether the MLO has passed the SAFE Act test, and has completed an independent background check and SAFE Act approved pre-licensing and continuing education courses. CHLA also recommended that consumers be told if their loan originator previously failed (and never passed) the SAFE Act test or has ever been denied a state license because they failed a background check. “The CFPB is carrying out its ‘Know Before You Owe’ initiative, to improve consumer understanding and mortgage disclosures” ...

CFPB, Justice Department Engaged in Fair-Lending Investigations. The Department of Justice’s Civil Rights Division was engaged in 10 joint fair- lending probes with the CFPB at the end of 2014 as the result of referrals from the bureau, according to a recently released report to Congress. In five of the probes, the parties were in the midst of pre-suit negotiations, the report indicated. “In addition, seven joint investigations with the CFPB, which were initiated before 2014, are ongoing,” the report continued.The division received a total 18 referrals in 2014: 15 from the CFPB and three from the Federal Deposit Insurance Corp. Of those 15 referrals from the bureau, seven had to do with issues of race/national origin, three with ...

FFIEC Issues Revised Interagency Examination Procedures for Compliance with the TRID. The Task Force on Consumer Compliance of the Federal Financial Institutions Examination Council recently put out new interagency examination procedures for the Truth in Lending Act (TILA), as implemented by Regulation Z, and the Real Estate Settlement Procedures Act (RESPA), as implemented by Regulation X. These procedures reflect CFPB amendments to Regulations Z and X published in the Federal Register in December 2013 and February 2015. Most of the changes to the procedures relate to the integrated mortgage disclosure requirements under TILA and RESPA, commonly referred to as the “TRID” requirements. Office of the Comptroller of the Currency Bulletin 2015-27 makes available on the OCC website the revised interagency ...

Since the end of December, at least $7.4 billion in seasoned mortgages have been securitized through Fannie Mae and Freddie Mac, a trend that appears to be gaining steam, especially among small- to medium-sized lenders. In early April, Inside MBS & ABS reported that Bank of America contributed $5.4 billion of seasoned loans (three months or older) to Freddie Mac MBS, which helped make the bank Freddie’s largest seller in the first quarter. A follow-up inquiry to BofA yielded...

The jump in private CMBS issuance helped offset what looks like a sharp slowdown in agency multifamily MBS production.

But a poll by JPMorgan Chase found that 30 percent of potential homebuyers said they plan to purchase a home in the next 18 months.

A total of $49.55 billion of commercial mortgages were securitized during the first quarter of 2015, virtually unchanged from the fourth quarter of last year, according to a new Inside MBS & ABS analysis. But the private CMBS market recorded a significant increase in new issuance. Non-agency CMBS production climbed 31.3 percent from the fourth quarter to hit $30.91 billion, the second-highest three-month output since the financial crisis shut down new issuance in the second quarter of 2008. Compared to the first quarter of 2014, new issuance was up 74.3 percent. The jump in private CMBS issuance helped offset...[Includes one data chart]

To attract large investors, the Treasury Department suggests that non-agency MBS include a deal agent with a fiduciary duty. “Under corporate law, directors must discharge two primary fiduciary duties: duty of care and duty of loyalty,” said Michael Stegman, counselor to the Treasury on housing finance policy, in a speech late last week. “In the context of private-label securitizations, these duties seemed sensible and logical to us.” He used...

New capital requirements for private mortgage insurers are a positive for the industry and should not cause a big change in MI premiums, high loan-to-value prepayments or net issuance of conventional MBS, according to a new analysis from Barclays Research. The reason for analysts’ optimism is that the effective rate for conventional conforming mortgages with private MI has been more attractive than on an FHA loan for borrowers with FICO scores above 700 and original LTVs of 80-95 percent. The opposite has been true for borrowers with low FICO scores. Consequently, issuance of conventional loans over the past year has largely favored...

New lenders that specialize in loans that don’t meet the government’s qualified-mortgage standards continue to draw up blueprints and raise capital – or at least try to – but very few of them are banking on securitization as a take-out strategy. However, all that may change with the launch of LendSure Financial Services, a San Diego startup headed by a handful of veterans from the subprime industry of yesteryear, including Jim Konrath, Stu Marvin and Joe Lydon. According to one non-agency investor briefed on LendSure’s plans, securitization is...