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Non-Agency MBS Market Still Stuck, Experts Agree; Policymakers, Players Discuss Ways to Ignite Growth

September 19, 2014
The non-agency MBS market remains stuck in the post-crisis doldrums, showing no signs of recovering, according to experts participating at this week’s Bipartisan Policy Center’s Housing Summit in Washington, DC. Efforts to ignite the growth in non-agency securitization channels to help reduce the government’s role in housing finance and draw back private capital have produced little result. Except for sporadic twitches, thanks to a smattering of deals backed by jumbo loans, the non-agency MBS market is barely alive, panelists said. The government, which is working to revive the non-agency market, sees...
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The G-Fee Quandary: Will Higher Prices Stimulate the Non-Agency Market?

September 19, 2014
Brandon Ivey
SIFMA did not take a stance on whether g-fees should be adjusted up or down. Instead, the trade group stressed that it is unclear how a change to g-fees would impact non-agency activity.
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Flow and Bulk MSR Deals Continue to Hit the Market

September 19, 2014
Paul Muolo
Although "legacy" MSR sales are in the tank, newer servicing rights continue to hit the market.
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Short Takes: Did EverBank’s Default Sale Backfire? / Can the Non-QM Market Save the Industry? / Which Mortgage Companies Will Be Forgotten? / A Layoff for a REIT / Stonegate Hires New Executive

September 18, 2014
Paul Muolo and Brandon Ivey
Some mortgage executives told us privately that residential originations could fall by 20 percent year.
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Is ‘Disparate Impact’ a Valid Claim Under the Fair Housing Act?

September 18, 2014
George Brooks
According to the final rule that HUD adopted in February 2013, a practice has a discriminatory effect on a protected class if HUD or a private plaintiff can establish liability under the statute, even if there is no intent to discriminate.
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Supreme Court Preparing to Hear Cases Involving DOL’s Overtime Guidance for Loan Officers

September 18, 2014
The U.S. Supreme Court is set to hear cases in its coming term regarding guidance issued by the Department of Labor involving overtime pay for loan officers. Oral arguments are scheduled for Dec. 1, and a decision is expected by June. The cases are Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association. The MBA has argued that the DOL didn’t follow rulemaking procedures in 2010 when the regulator withdrew guidance stating that loan officers could be exempt from overtime compensation requirements under the Fair Labor Standards Act. Lenders have received...
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IL Court’s Narrow Ruling in Disparate-Impact Case Allows DC Court to Focus on Bigger Picture

September 18, 2014
An Illinois district court’s decision that federal preemption issues are not ripe may now prompt a federal district court in Washington, DC, to examine the broader issue of whether disparate impact is a valid claim under the Fair Housing Act. The Illinois lawsuit, Property Casualty Insurers Association of America v. U.S. Department of Housing and Urban Development, is one of two insurance-industry legal challenges to HUD’s disparate-impact rule. The second case was filed by two other trade groups, the American Insurance Association and the National Association of Mutual Insurance Companies, and is pending in federal court in the nation’s capital. According to the final rule that HUD adopted in February 2013, a practice has...
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Experts: Stalled GSE Reform Legislation, Prolonged Conservatorship May Drive Private Capital Elsewhere

September 18, 2014
Time is not a friend to the housing finance system so long as Fannie Mae and Freddie Mac remain in government conservatorship with no endgame in sight, according to the former head of the Federal Housing Finance Agency. Former FHFA Acting Director Edward DeMarco, now a senior fellow in residence for the Milken Institute’s Center for Financial Markets, told attendees at this week’s Bipartisan Policy Council’s housing summit in Washington that the ongoing conservatorships of the two government-sponsored enterprises – now in the sixth year – will continue to distort the market and place taxpayers at risk. “The conservatorships are...
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Former Commissioners Favor Creating an Independent FHA to Resolve Funding Issues, Be More Decisive

September 18, 2014
Current and former commissioners of the FHA this week said the venerable program could carry out its mission more effectively if it was an independent, self-funded government enterprise. During this week’s Housing Summit hosted by the Bipartisan Policy Center, the five FHA commissioners – incumbent Carol Galante and alumni Brian Montgomery, Nicolas Retsinas, David Stevens and John Weicher – concurred that working with Congress, particularly on budget issues, has made it more difficult for the agency to operate safely and soundly. “We’re...
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The Mortgage M&A Train Finally Arrives; Stearns Lending Weighs Its Options…

September 18, 2014
Over the past few weeks, a handful of mortgage firms have announced acquisitions of smaller shops with an eye toward expanding their origination footprints or servicing portfolios. And investment banking advisors told Inside Mortgage Finance that between now and yearend, the mergers and acquisitions market should be brisk as owners of privately held companies finally head for the exits, realizing that when it comes to originations, 2015 likely won’t be much better than the current year. The largest nonbank to test the M&A market this year is...
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