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Compliance Experts Warn Lenders Could Be ‘Guilty Until Proven Innocent’ Under FHA Enforcement Proposals

July 18, 2013
Compliance experts are urging FHA lenders to express their concerns about a potential new enforcement regime the Department of Housing and Urban Development has proposed that could raise the risks of doing business with the FHA. The HUD proposal, which was published as a notice in the Federal Register with a comment deadline of Sept. 9, seeks comment on measures that would further enhance quality assurance in origination, underwriting and servicing. HUD has routinely used quality assurance methods, including routine and targeted audits, post-endorsement loan reviews and monitoring of early default and claim rates to evaluate lender compliance. Attorneys with K&L Gates cautioned...
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Rising Interest Rates Having Mixed Effects on Home Purchases, Affordability Remains High

July 18, 2013
The recent sharp increase in mortgage interest rates has priced some borrowers out of the market and motivated others to complete home purchases, according to industry participants. If interest rates stay near current levels, home affordability is expected to remain strong, encouraging home purchases. The market for non-distressed properties is still healthy, according to results from the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. Average time on market for non-distressed properties is declining, the average number of offers is increasing and sales-to-list price ratios are at elevated levels. The trends have been driven...
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Thanks to Higher Rates, Mortgage IPOs Could Prove More Difficult, But Hope Springs Eternal

July 18, 2013
Mortgage company owners hoping to go public or tap the capital markets for another round of equity financing may have to temper their expectations in the new interest rate environment. But that doesn’t mean initial public offerings are out of favor with investors. According to industry experts, it’s a matter of expectations. “Some people are saying these deals won’t happen now,” said Paul Miller, a top analyst at FBR Capital Markets. “But I’m not in that camp. Any deal that is priced correctly will sell.” Miller told...
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Short Takes: J.D. Power Gives Nationstar and Ocwen Poor Servicing Grades / Watt Approved by Senate Banking Committee / Zandi Slams Hensarling Bill / GAO Will Investigate CFPB’s Data Collection Efforts / Bad Debt Up in Value

July 18, 2013
Brandon Ivey, Paul Muolo, Thomas Ressler, and Charles Wisniowski
Nationstar and Ocwen get poor servicing grades from J.D. Power & Associates. Meanwhile, Rep. Mel Watt headed to FHFA? Not so fast...
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Finance Agency Rejects FHFA-OIG’s Call for Formal Working Agreement with FHA to Hike Guaranty Fees

July 18, 2013
The Federal Housing Finance Agency should coordinate with the FHA to establish a formal working group to permit both agencies to raise guaranty fees and insurance premiums as a way to reduce the federal government’s role in the mortgage-guaranty business, the FHFA’s official watchdog has recommended. The FHFA firmly disagrees. A new report by the FHFA’s Office of Inspector General this week noted “potential benefits” that the FHFA may achieve by establishing a “more formalized working arrangement” with the FHA and “jointly assessing the key issues around their pricing initiatives.” The Treasury Department made...
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Did CFPB Overstep its Bounds by Using Its UDAAP Power to Apply FDCPA Provisions to Servicers?

July 18, 2013
The Consumer Financial Protection Bureau may have over-reached by extending its new bulls-eyes on debt collectors to mortgage servicers, according to some top mortgage industry attorneys. The CFPB last week warned all companies under its jurisdiction that they will be held accountable for unlawful conduct in collecting a consumer’s debts, citing its authority under the Dodd‐Frank Act, which prohibits “unfair, deceptive, or abusive” acts or practices (UDAAPs). Attorney Alan Kaplinsky, a practice leader in the Philadelphia office of the Ballard Spahr law firm, said it’s particularly significant that the bulletins not only address the conduct of debt collectors and debt buyers, but also are directed at creditors and servicers. CFPB Bulletin 2013‐07 makes...
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Jumbo Mortgage, Servicer-Advance Deals Lift Non-Agency MBS Issuance to Two-Year High

July 18, 2013
The steady recovery in prime jumbo securitizations and financing needs of nonbank mortgage servicers fueled a modest increase in non-agency MBS issuance during the second quarter of 2013, according to a new Inside MBS & ABS ranking and analysis. A total of $10.08 billion of non-agency MBS were issued during the second quarter, up 17.6 percent from the first three months of the year. It was the strongest three-month output in two years and lifted year-to-date issuance to $18.66 billion, a 119.0 percent increase over the same period in 2012. Re-securitizations of seasoned non-agency MBS have tapered...[Includes two data charts]
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Market for Private-Placement Issuance Widens, FINRA Considering Increasing Transparency

July 18, 2013
The audience for the marketing of private-placement securities is set to increase due to changes approved last week by the Securities and Exchange Commission. Separately, the Financial Industry Regulatory Authority voted to increase transparency for consumer ABS private placements, prompting some to suggest that FINRA could also increase transparency for private-placement non-agency MBS. The SEC voted 4-1 to adopt a new rule to implement a JOBS Act requirement to lift the ban on general solicitation or general advertising for certain private securities offerings offered under Rule 506. The SEC also amended Rule 144A, which covers private placements of non-agency MBS and other securities. Under the new rule, offers of 144A securities can be made...
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Ginnie Approvals Already Surpass Last Year’s Total, But Nonbanks a Problem

July 17, 2013
Paul Muolo
Banks have a strong track record on obtaining Ginnie Mae approvals, nonbanks not so much.
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Ginnie Mae MBS Issuance Up in First Half of 2013

July 17, 2013
George Brooks
Wells Fargo, the nation's large home funder, accounted for almost 31 percent of total Ginnie Mae issuance during the first half of 2013.
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