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‘Profitability Covenants’ Could Cause Trouble For Some Correspondent Mortgage Sellers

June 5, 2014
Lenders that upstream product to the megabanks through correspondent loan sales are beginning to worry that because profits were so weak during the first quarter – or nonexistent – they might be cut off as sellers. Moreover, lenders fret that some of the largest players might shut the door on them for a different reason: they can’t deliver enough volume in an origination-challenged market. Speculation has focused...
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Observers: Continuing Calls for GSEs to Fund Affordable Housing Could Find Sympathetic Ear in Director Watt

June 5, 2014
Progressive policy groups and low-income housing advocates ramped up their calls for Fannie Mae and Freddie Mac to honor their legislatively mandated affordable housing commitment to finance the National Housing Trust Fund, and industry observers speculate that the government-sponsored enterprises’ regulator is inclined to reverse course … when the timing is right. Two weeks ago, a letter spearheaded by the Center for American Progress with a dozen co-signers renewed calls to Federal Housing Finance Agency Director Mel Watt to lift the GSE funding moratorium and begin channeling funds to the National Housing Trust Fund and the Capital Magnet Fund. Notably absent from Watt’s first major policy speech as FHFA director last month was...
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SCOTUS Offered Another Chance to Weigh in on Disparate Impact Claims and the Fair Housing Act

June 5, 2014
When it comes to the legal theory of disparate impact and the Supreme Court of the United States, perhaps the third time around will be the charm. Recently, the Texas Department of Housing and Community Affairs requested the nation’s highest court to agree once again to take on the issue of disparate impact under the Fair Housing Act. The questions presented to the high court in Texas Department of Housing and Community Affairs, et al., Petitioners v. The Inclusive Communities Project, Inc. are...
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Cities Ramp Up Lawsuits Against Banks for Alleged Loan Bias That Resulted in Foreclosures, Lost Tax Revenue

June 5, 2014
There has been a resurgence of city lawsuits lately against major banks seeking to recover lost property tax revenues, which city officials say were needed to pay for expensive foreclosure-related city services. The latest in these lawsuits was filed by the City of Los Angeles against JPMorgan Chase alleging discriminatory mortgage lending led to a wave of foreclosures that continues to diminish revenue for basic city services. The new litigation against Chase comes...
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Former Non-Agency Servicer Settles Class-Action Lawsuit, Complaint Alleges Sham ‘Workout’ Pacts

June 5, 2014
Aurora Loan Services, once a huge player in the non-agency subprime and Alt A market, has agreed to resolve a class-action lawsuit alleging it duped distressed borrowers into paying monthly fees on nonperforming loans that were already destined for foreclosure. The $5.3 million settlement will be split among 15,000 California borrowers who signed bogus loan-workout agreements with the false hope of curing their deficiencies and keeping their homes. Borrowers claimed that Aurora had misled them into thinking that their foreclosures were on hold while they were being considered for loan modification. In reality, however, Aurora’s policy was...
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CFPB Continues Efforts Toward HMDA Rule, Other Changes to its 2013 Mortgage Rules, Agenda Shows

June 5, 2014
The spring 2014 semi-annual regulatory agenda of the Consumer Financial Protection Bureau indicates the CFPB remains on schedule on a handful of mortgage-related rulemakings, including an eventual rule implementing Dodd-Frank Act changes to the Home Mortgage Disclosure Act. The good news for the mortgage industry is that the bulk of Dodd-Frank-required mortgage rules have already been issued. On the HMDA front, the CFPB recently convened...
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Short Takes: Clayton Hiring? / ECB Cuts Rates, Which Means U.S. Rates May Fall / MGIC Keeps Getting Stronger / National MI Ramps Up

June 5, 2014
Paul Muolo
Is Fannie Mae’s stock a screaming buy as Pershing Square hedge fund chief Bill Ackman recently suggested?
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GSEs, Ginnie Securitized $39.8B of Purchase Loans in May, a High for the Year

June 5, 2014
John Bancroft
Unlike a lot of other housing-market data, the MBS figures are not seasonally adjusted, though they are seasonally affected.
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A Rally Coming in MBS Prices Thanks to Rate Cut by the European Central Bank?

June 5, 2014
Paul Muolo
"The ECB has a real problem on its hands," said Barry Habib, who runs MBS Highway, an analytics firm that offers lenders advice on when to lock rates.
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CFPB Begins to Target Individuals in Crisis-Related Actions

June 5, 2014
George Brooks
Individual accountability is the regulatory catchphrase of the moment not only at the CFPB but at the Securities and Exchange Commission and state regulatory agencies as well.
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