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NY Regulator Targeting Nonbank Servicers

February 14, 2014
Certain nonbank servicers are getting “too big, too fast,” Ben Lawsky, superintendent of the New York Department of Financial Services, said in a speech this week. The remarks came after the NYDFS halted the transfer of mortgage servicing rights with an unpaid principal balance from Wells Fargo to Ocwen Financial. Lawsky said state regulators and servicers need to make sure that transfers of servicing to nonbanks don’t put borrowers at risk. He raised particular concerns about staffing levels at nonbanks, with ...
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Delays Common on Nonbank Servicing Transfers

February 14, 2014
Ocwen Financial announced last week that its purchase of mortgage servicing rights from Wells Fargo is on “indefinite hold” due to a request from the New York Department of Financial Services. While some have suggested that the deal for servicing on mortgages with an unpaid principal balance of $39.2 billion won’t be completed, officials at nonbanks note that delays on servicing transfers due to third parties are common. In recent years, the time required to fulfill contractual conditions from initial closing ...
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FHLBanks an Option to Fund Jumbo Originations

February 14, 2014
One of the biggest challenges for nonbanks that want to originate jumbos is finding capital to fund the operations. Two Harbors Investment appears to have found a unique source of capital for non-agency originations: a government-sponsored enterprise. In December, TH Insurance Holdings, a wholly owned subsidiary of Two Harbors, was granted membership in the Federal Home Loan Bank of Des Moines. Officials at Two Harbors said the company appears to be the first real estate investment trust to receive ...
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Banks Crowd Out REITs for Jumbos

February 14, 2014
Two real estate investment trusts with jumbo mortgage correspondent and conduit operations have scaled back their activity due to strong competition from banks. “The majority of today’s jumbo mortgage activity is being driven by banks originating or acquiring loans for their balance sheet,” said Stanford Kurland, chairman and CEO of PennyMac Mortgage Investment Trust. PennyMac had ramped up its jumbo activity in the second quarter of 2013 with $107 million in fundings. In the third quarter of 2013 ...
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Parkside Sees Rewards in Non-QMs

February 14, 2014
There are pockets in the jumbo market that offer lenders attractive yields, if they are willing to take on the risk of originating loans that don’t meet qualified-mortgage requirements, according to Matthew Ostrander, CEO of Parkside Lending. The lender recently launched Parkside Mortgage Trust, a real estate investment trust that will purchase non-agency loans originated by Parkside. “Parkside’s analytics of loan performance and product development has been many years in the making to ensure our ...
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Mods Set to Experience Payment Shock

February 14, 2014
Interest rates are set to increase for a significant number of borrowers that received loan modifications after the financial crisis. Incentive payments to borrowers and servicers will also end, which could prompt performance issues on outstanding loan mods. The majority of mortgages modified under the Home Affordable Modification Program include interest rate resets after five years, and some proprietary loan mods followed a similar model. A relative trickle of resets will occur in 2014, followed by a massive ...
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Small Impact Expected from G-Fee Increase

February 14, 2014
Increases to guaranty fees under consideration by the Federal Housing Finance Agency would directly reduce the dollar volume of new agency originations by less than 1.0 percent, according to new research published by the Federal Reserve. The g-fee increases were announced in December by Ed DeMarco, the acting director of the FHFA at the time, partly to increase the non-agency share of mortgage originations. The planned increases were put on hold by Mel Watt, the new director of the FHFA, and remain ...
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News Briefs

February 14, 2014
The Consumer Financial Protection Bureau is preparing to comply with a mandate from the Dodd-Frank Act and collect more data under the Home Mortgage Disclosure Act. Among the additional HMDA data requirements under consideration are whether a mortgage meets qualified-mortgage standards, debt-to-income ratios, the length of introductory interest rates and more underwriting and pricing information. “Improving the kinds of information collected would make it easier to identify new consumer ... [Includes four briefs]
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JPMorgan Settles FHA ‘Qui Tam’ Suit

February 14, 2014
FHA-approved lenders should make sure they leave no stones unturned to ensure that loans submitted for endorsement meet FHA’s strict underwriting criteria. It is the responsibility of direct endorsement lenders to scrutinize every loan for compliance with FHA lending guidelines, including income verification, credit analysis and property appraisals. JPMorgan Chase admitted it failed to do all of the above. Last week, the bank acknowledged it violated the False Claims Act and agreed to pay $614 million in cash to settle government charges it improperly certified poorly underwritten loans for FHA and VA guarantees. The defective loans later ...
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‘Robo-sign’ Figure Sues 22 Firms for FHA Fraud

February 14, 2014
The whistleblower whose investigative efforts led to the landmark $25 billion national mortgage settlement between the federal government, 49 state attorneys general and five of the largest mortgage servicers is at it again. This time, Lynn Szymoniak is suing 22 companies for using fraud to obtain FHA insurance – in some instances, VA guaranties – for defective loans that later were securitized through Ginnie Mae and sold to investors. Szymoniak, who is suing under the False Claims Act, gained notoriety from a 2011 interview on “60 Minutes” in which she ...
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