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Here’s How to Exclude Affiliate Fees from QM’s 3 Percent Cap Under the CFPB’s Final ATR Rule

December 12, 2013
The Consumer Financial Protection Bureau may formally address the treatment of affiliate fees in the points-and-fees calculation for qualified mortgages under the agency’s ability-to-repay rule, which takes effect in just a few weeks. Until such a decision is made, industry representatives have put together some guidance on how to exclude such fees from that 3 percent cap. “There has been significant industry confusion concerning the extent to which affiliate fees are included in the points-and-fees calculation, particularly when only a portion of a fee is retained by an affiliate,” the Mortgage Bankers Association said early this week. The trade group has put together a document outlining its understanding of the CFPB’s definitive guidance, based on discussions with bureau staff, on the treatment of affiliate fees in both the qualified mortgage and the Home Ownership and Equity Protection Act points-and-fees calculations. “Please keep in mind...
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Servicers Comply With Most Requirements, Regulators Push for Better Performance

December 12, 2013
Recent progress reports on the $25 billion national servicing settlement and the Home Affordable Modification Program suggest that servicers are complying with the vast majority of the programs’ requirements. However, regulators continue to push for better performance. The five banks participating in the national servicing settlement complied with the settlement’s 29 metrics as of the end of the second quarter of 2013, according to a report released last week by the settlement’s monitor. JPMorgan Chase was...
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HUD Approves Final QM Rule for FHA Loans With No Major Changes

December 12, 2013
The Department of Housing and Urban Development this week issued a final rule implementing a qualified-mortgage standard for FHA loans that is essentially unchanged from the agency’s first proposal issued in late September. HUD determined that it had to tweak the calculation of points and fees that is in the Consumer Financial Protection Bureau’s QM rule so that a large number – about 19 percent – of FHA forward mortgages will be classified as QMs. The final HUD rule establishes two categories of FHA qualified mortgages: safe-harbor QMs and rebuttable-presumption QMs. FHA forward mortgages will be considered...
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FDIC Approves Exemptions on Appraisals, Including Streamlined Refis

December 11, 2013
Brandon Ivey
The appraisal requirements required by the Dodd-Frank Act apply to higher-priced mortgages that don’t meet qualified mortgage requirements.
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Mortgages Held in Portfolio by Community Banks Should Get QM Status, CSBS Says

December 11, 2013
Thomas Ressler
“The CFPB’s treatment of balloon loans was a step in the right direction, and demonstrated recognition of the unique nature of community banking and a different approach to regulating them,” the CSBS says in a new white paper.
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G-Fee Hike Avoided in Budget Deal; Senate Approves Watt as FHFA Director

December 11, 2013
Paul Muolo
Industry trade groups feared a 10 basis point increase in the g-fee from a budget deal.
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USDA Allows More Lenders to Participate in Rural Home Loan Program

December 11, 2013
George Brooks
The changes are part of an extensive overhaul aimed at boosting the rural housing market, increasing the availability of rural home loans and spurring the construction of new homes in rural areas.
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$114 Billion of MSRs on the Auction Block

December 11, 2013
Paul Muolo
A ton of new servicing deals have hit the market. But will regulatory scrutiny throw a monkey wrench into the transactions?
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Short Takes: A $20 Billion Investment in Subprime? / Nationstar May Go REIT / TD Bank Likes ‘Piggyback’ Mortgage Structures / ARMs Make a Comeback / Wipro Paid How Much for Opus?

December 11, 2013
Paul Muolo
Investors hunger for yield. And what better place to get it than in the new breed of subprime mortgages.
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Nonbanks Better Than Banks at Controlling Mortgage Servicing Costs

December 10, 2013
Brandon Ivey
Fitch says nonbank servicers resolve delinquencies at a significantly faster pace than banks, partly due to the loss-mitigation requirements for the five big banks included in the $25 billion national servicing settlement.
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