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July 6, 2012
HUD FY 2013 Budget. On June 29, the House approved the Department of Housing and Urban Development’s FY 2013 budget. Although a number of amendments was considered, the funding levels for HUD programs remained unchanged from those passed by the House Appropriations Committee. New commitments under the FHA’s Mutual Mortgage Insurance Fund in FY 2013 include $400 million for loan guarantees and $50 million for direct loans. The General and Special Risk Program gets $25 billion for guaranteed loans and $20 million for direct loans. A total of $500 billion for the Ginnie Mae securitization program would be available until ...
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GSE Business Volume Down in Second Quarter As Refi Market Continued to Lose Momentum

July 5, 2012
Despite a late surge in refinance business for seriously underwater home mortgages, new business volume at Fannie Mae and Freddie Mac declined by 10.2 percent during the second quarter, according to a new Inside Mortgage Finance analysis and ranking. The two government-sponsored enterprises securitized a total of $273.95 billion of conventional single-family mortgages during the second quarter. Thanks to the huge $305.21 billion of GSE business recorded during the first three months of 2012, the market was still 39.3 percent ahead of the pace set during the first half of last year. Refinance activity...
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Stevens’ Decision to Stay at MBA Is Plus for Trade Group and Industry, Observers Say

July 5, 2012
Mortgage industry insiders are applauding the decision by David Stevens to stay on as president and CEO of the Mortgage Bankers Association rather than take the number two post at SunTrust Mortgage as he had previously announced. Stevens was to resign from the MBA on June 30, but the trade group this week announced that he had changed course and decided to stay. “After serious thought and consideration, I simply cannot leave the MBA at such a critical time for the industry and the association,” said Stevens. “Frankly, at the end of the day, stepping away now when so much progress is being made and...
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How Much Traction Will Small Lender Arguments Have with CFPB on Points and Fees Rulemaking?

July 5, 2012
The Consumer Financial Protection Bureau is proceeding with its effort to develop a rule to limit the upfront points and fees mortgage originators could collect from borrowers – an initiative it began by assembling a small business regulatory review panel to consider the bureau’s initial direction. But one panel participant isn’t confident that their views are going to make much headway with an agency that may already have its mind made up. The CFPB is considering a handful of related proposals, one of which would require an interest-rate reduction when consumers elect to pay discount points. Specifically...
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Senate Democrats Pressure United Guaranty To ‘Do the Right Thing’ on HARP 2.0 Changes

July 5, 2012
A trio of Senate Democrats is squeezing the only private mortgage insurer not fully onboard with the Obama administration’s recent enhancements to the Home Affordable Refinance Program. Last week, Sens. Barbara Boxer, D-CA, Robert Menendez, D-NJ, and Herb Kohl, D-WI, dispatched a critical letter to United Guaranty Corp. CEO Kim Garland. The letter came attached with a set of eight questions for the MI and a less than subtle hint that the mortgage-insurance unit of Ameri-can International Group Inc. should get with the program just like everybody else. “Despite the industry consensus that removing...
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U.S. Supreme Court Punts ‘Actual Harm’ RESPA Dispute Back to the Lower Courts

July 5, 2012
The Supreme Court of the United States had a chance to resolve the issue of whether an individ-ual who has not suffered any actual damages from violations of the Real Estate Settlement Procedures Act has legal standing to sue in federal court. But instead, SCOTUS decided not to explore it. “The writ of certiorari is dismissed as improvidently granted,” the high court said in a terse an-nouncement late last week regarding First American Financial v. Edwards, a case it agreed to hear al-most to the day one year ago. The ruling means the plaintiff will in fact be able to move ahead and sue, as the...
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Appraisers Warn Against Potentially Excessive Regulation Even as Regulators, Other Groups Call for Closer Scrutiny

July 5, 2012
The appraisal industry is calling upon Congress to enact legislation to reform the current regula-tory structure for appraisers, at the same time warning that any unauthorized action by appraiser regula-tory agencies to toughen oversight would hurt and jeopardize the profession. Testifying before the House Financial Services Subcommittee on Insurance, Housing and Economic Opportunity last week, the Appraisal Institute said the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and the Appraisal Foundation, an authorized private regula-tory body, have agreed to...
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U.S. Foreclosure Mitigation Efforts Found Insufficient, States Play More Active Role

July 5, 2012
Federal officials deny that they’re growing weary of and disinterested in the ongoing foreclosure crisis, even while observers are calling for more effective solutions. “Folks in Washington tell me there is a general sense of foreclosure fatigue in our nation’s capital,” wrote Jean Braucher, a professor of law at the University of Arizona, in the finance blog Credit Slips. “It’s just so boring to keep thinking about all the people losing their homes year after year. Can’t we move on to something new? This attitude goes along with a failure to do anything meaningful to get out of the five-year-old mortgage crisis, still...
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Wall Street Anxious About Impact of Franken Amendment on Rating Services and Investors

June 29, 2012
The Securities and Exchange Commission is coming down the home stretch in a project that has raised jitters in the MBS and ABS market: a review of the credit rating process for structured finance transactions that will conclude with reform recommendations for Congress. Embedded in the Dodd-Frank Act was a provision authored by Sen. Al Franken, D-MN, that requires the SEC to study potential conflicts of interest in issuer-pay and subscriber-pay compensation models used in the credit rating process. Franken originally proposed that the SEC be required to create a process through which a new government entity would assign...
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Vast Majority of Repurchase Demands on Non-Agency Mortgage Securities Remained Disputed in Early 2012

June 29, 2012
Relatively few repurchase demands on mortgage loans backing non-agency MBS were resolved during the first quarter of 2012, according to a new Inside MBS & ABS analysis of disclosure filings made by 34 securitizers. The securitizers reported that a total of $29.03 billion of loans were in some stage of the process following demands that the mortgages be repurchased because of breaches of representations and warranties by the originator of the loans. But of that amount, some $28.62 billion – 98.6 percent of total activity – were classified...(includes one data chart)
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