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FHFA Seeks Public Comment for Review of Outdated Regulations

April 26, 2013
The Federal Housing Finance Agency is soliciting comments from the public on how its regulations may be “more effective and less burdensome.” The FHFA’s call for comments in a April 19 publication of the Federal Register is in keeping with a 2011 executive order that calls for each independent regulatory agency, including the FHFA, to analyze its existing regulations and “modify, streamline, expand or repeal them,” as well as to make public a plan to periodically review its “existing significant regulations” to make the agency’s regulatory program “more effective or less burdensome” in achieving regulatory objectives.
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Lehman Sues FHLB Cincinnati for Unpaid Swaps

April 26, 2013
The Federal Home Loan Bank of Cincinnati says a unit of Lehman Brothers Holdings is not entitled to a multimillion dollar payday because the FHLBank did not short change the firm when it closed out swaps and options transactions ahead of Lehman’s 2008 bankruptcy. Last week, Lehman filed a breach of contract lawsuit in Manhattan federal court connected to 87 derivative transactions or interest-rate swaps with the FHLBank that fell apart when Lehman entered bankruptcy on Sept. 15, 2008, at the height of the financial crisis.According to its lawsuit, Lehman says the Cincinnati Bank violated its agreement by paying only $13.7 million when the transactions were terminated due to the firm’s Chapter 11 filing.
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FHFA Names New Deputy Director In Charge of FHLBanks

April 26, 2013
The Federal Housing Finance Agency announced the appointment of a long-time staffer to oversee the FHFA’s supervision of the 12 Federal Home Loan Banks. Fred Graham, most recently the FHFA’s acting deputy director of the Division of Supervision Policy and Support, immediately assumed his new responsibilities as the agency’s deputy director of the Division of the Federal Home Loan Bank Regulation following the FHFA’s announcement earlier this month.
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Judge Orders UBS to Surrender Documents to FHFA

April 26, 2013
One week after UBS Americas failed in its bid to shutter a lawsuit brought by the Federal Housing Finance Agency in connection with non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac, the federal judge overseeing the case has ordered UBS to hand over internal documents to the FHFA the company argued were privileged. U.S. District Court Judge Denise Cote ruled last week that parts of memoranda from UBS’ outside counsel to the company which contained factual summaries of meetings held with third-party mortgage originators are not protected by attorney-client privilege and must be disclosed to the FHFA. “Even if it is true, as UBS argues, that the memoranda at issue were created for the ‘predominant purpose’ of rendering legal advice, that does not relieve UBS of the obligation to show that the entirety of each document is privileged,” wrote Judge Cote in her ruling.
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Freddie to Retire EarlyIndicator Servicing Software in March 2014

April 26, 2013
Freddie Mac is getting the word out early that it is phasing out its software for managing delinquent home loans with plans to discontinue the service altogether next year. The company has already stopped registering new customers for EarlyIndicator, Freddie’s Windows-based program used to predict loan delinquency. "To provide users with time to transition, we are letting them know we are retiring EarlyIndicator one year in advance,” Freddie said in its announcement earlier this month.
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Mortgage Banking Earnings Steady In 2013 Despite Shrinking Margins

April 26, 2013
Most companies reported declining earnings from their mortgage banking businesses during the first quarter of 2013, according to a new analysis by Inside Mortgage Trends. As a group, however, the 23 diverse businesses included in the round-up posted a surprising 34.2 percent increase in aggregate mortgage banking earnings compared to the fourth quarter. The aggregate mortgage banking income was $6.74 billion for the group, a $1.72 billion increase over the previous quarter. Virtually all of that increase could be attributed to one company, Bank of America, which bounced back from a $540 million net loss during the fourth quarter to a $1.26 billion profit in early 2013 – a $1.80 billion turnaround. BofA took...[Includes one data chart]
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Jumbo Giant Looks to Conventional Mortgages

April 26, 2013
For years, Union Bank of San Francisco has made a name for itself as a top-ranked portfolio lender of jumbo mortgages – but all that could soon change. No, Union Bank isn’t leaving the space – not by a long shot – but the $94 billion asset commercial bank is in the midst of making a major push into conventional lending where its footprint has been quite small. “It’s...
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Mortgage Lenders Still Eyeballing New LOS

April 26, 2013
Almost one in five mortgage lenders in the country is still actively considering switching to a new loan origination platform, driven largely by the need to keep up with increasing regulation and, to a lesser extent, the desire for new features to gain or keep a competitive edge in the marketplace. According to the seventh annual compliance survey by QuestSoft, a provider of mortgage compliance software based in Laguna Hills, CA, 18.6 percent of lenders are reevaluating their current LOS platform, up from 0.1 percent in last year’s survey. Historically, the percentage of lenders considering an LOS change hovered...
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Agency REITs Warned of Interest Rate Risk

April 26, 2013
The Financial Stability Oversight Council issued a warning this week regarding the prolonged period of low interest rates, singling out real estate investment trusts that invest in agency mortgage-backed securities. “Agency REITs, a sector that how grown considerably in recent years, are highly exposed to a rise in interest rates,” said Trent Reasons, a senior policy advisor at the Treasury Department. An analysis of 16 REITs by Inside MBS & ABS, an affiliated publication, determined...
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Non-Distressed Property Market Strong

April 26, 2013
The non-distressed property market is strong and being driven by borrowers in need of mortgage financing, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey results. Thomas Popik, research director for Campbell Surveys, said time-on-market trends, number of offers and sales-to-list price ratios all indicate an exceptionally strong market for non-distressed properties. “The metrics for this segment are not affected by policy decisions at mortgage servicers to release or not release distressed properties onto the market,” he noted. The average number of offers for non-distressed properties, based on a three-month moving average, hit...
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