Although the Johnson-Crapo housing finance reform bill has little chance of becoming law this year, comments on the legislation submitted to the Treasury Department by the Federal Housing Finance Agency strongly suggest that the current regulator of the government-sponsored enterprises wants its reincarnation to have expanded oversight powers. Industry officials, lobbyists and executives tracking the bill note that if the FHFA has its way, the new Federal Mortgage Insurance Corp. will become a supervisor of nonbanks that originate loans slated for securitization. Currently, the FHFA serves...

Mortgage lenders scored a victory this week when the Consumer Financial Protection Bureau announced it will grant lenders a “right to cure” home loans that inadvertently exceed the 3 percent points-and-fees cap for qualified mortgages. “The bureau is proposing to allow for a post-consummation cure of points-and-fees overages only where the loan was originated in good faith as a qualified mortgage to ensure that the cure provision is available only to creditors who make inadvertent errors in the origination process and to prevent creditors from exploiting the cure provision by intentionally exceeding the points-and-fees limits,” the agency said. Currently, under the CFPB’s ability-to-repay rule, the points and fees charged to a consumer on a QM loan generally cannot exceed...

The mortgage originations market is still, by and large, a banker’s game, but nonbank lenders are continuing to muscle up their share of new production, according to a new Inside Mortgage Finance analysis and ranking. During the first quarter of 2014, nonbank lenders accounted for 37.7 percent of originations made by a large sample of lenders that covered more than three quarters of the total production during the period. That was up from a 35.5 percent nonbank share in the fourth quarter of 2013 and a 26.0 percent nonbank share back in the first three months of last year. The nonbank share of originations is...

Several mid-sized nonbanks that earned a ton of money during the refi boom of the past two years are in the hunt to buy the production assets of other companies, hoping to snatch additional market share away from commercial banks. Moreover, some mortgage advisors that ply their trade in the mergers and acquisitions space believe that unless origination volumes improve rapidly, the “roll-up” of the mortgage industry could be fierce by the end of 2014. According to recent production figures compiled by Inside Mortgage Finance, the residential finance industry is coming off its worst origination quarter in 14 years. Rick Roque, a principal in the boutique advisory firm Menlo Company Global, anticipates...

Fannie Mae, Freddie Mac and their conservator/regulator, the Federal Housing Finance Agency, have provided significant comments and recommendations regarding the role of private mortgage insurers under a new housing-finance system. The GSEs and the FHFA submitted their views on private mortgage insurers as part of broader commentaries provided to the Treasury Department on the Senate bipartisan reform bill drafted by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID. The bill would wind down the two government-sponsored enterprises and replace them with a new securitization structure requiring that private capital absorb the first 10 percent of losses on a new breed of conventional mortgage-backed securities. To be eligible for the new MBS program, mortgages with loan-to-value ratios exceeding 80 percent would have...

The New York Department of Financial Services expanded its investigation of nonbank servicers, raising concerns about sales of real estate owned properties for Ocwen Financial by Altisource Portfolio Solutions, an affiliate of the nonbank servicer. Officials at Altisource downplayed the concerns late last week and said the company plans to continue to grow with Ocwen. In February, NYDFS Superintendent Ben Lawsky put on indefinite hold a planned servicing transfer from Wells Fargo to Ocwen on mostly non-agency mortgages with an unpaid principal balance of $39.2 billion. Lawsky has sent a number of questions to Ocwen as well as Nationstar Mortgage based on concerns that the nonbank servicers were growing too quickly. Officials at Ocwen note...

A new Inside Mortgage Finance analysis of agency mortgage-backed securities data shows that mortgage production fell sharply in virtually all states during the first quarter. The top three states – California, Texas and Florida – fared somewhat better than the overall market. Fannie Mae, Freddie Mac and Ginnie Mae securitized some $34.9 billion of California single-family mortgages during the first quarter of 2014, down 25.4 percent from the fourth quarter. But the overall agency MBS market fell 27.2 percent over that period. Texas, down 41.4 percent from the first quarter of 2013, and Florida (off 48.7 percent) both had...[Includes one data chart]

Consumer Financial Protection Bureau examiners have reportedly become suspicious of certain mortgage banking executives’ participation in the exam process and escalated their interaction by pressing them to provide their input under oath. Officials at the consulting firm of Garrett, McAuley & Co. reported a disturbing development at a mortgage company in a Mid-Atlantic state undergoing a CFPB exam. “The examiner-in-charge apparently thought that the owner was lying, and the CFPB now wants to question him under oath,” principal Joe Garrett said in a recent note to clients. “Under oath? Whether or not they can prove...

Since late last year, the FHFA has required that any Fannie Mae/Freddie Mac MSR sale of $5 billion or more – roughly 5,000 loans – be approved by the agency.

Under the original conservatorship agreement, the GSEs are allowed to maintain a small capital buffer, but within three years that buffer will be reduced to zero.