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The Basics Still Count in RESPA Compliance, Even As the CFPB Pursues Some Creative Legal Theories

July 3, 2014
Any respite the mortgage industry had from enforcement actions under the Real Estate Settlement Procedures Act is over. If there’s one overarching theme about the Consumer Financial Protection Bureau’s vigorous RESPA activity of late, it’s that the basics still count when it comes to compliance, even as the bureau pushes the theoretical envelope in some instances, top industry attorneys say. “RESPA Section 8 enforcement is back. It was in abeyance during the transition of RESPA enforcement from the Department of Housing and Urban Development to the CFPB over the last few years,” said attorney Angela Kleine, an associate in the San Francisco office of the Morrison & Foerster law firm. “But the CFPB is picking up where HUD left off, and then some.” Kleine said...
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News Briefs

July 3, 2014
The $261.01 million jumbo mortgage-backed security that Shellpoint Partners issued in June 2013 has had 14 loans go 30-days delinquent, four loans go 60-days delinquent, and one loan go 90-days delinquent, according to Kroll Bond Rating Agency. As of May, only three of the loans were 30-days delinquent, with the other once-delinquent mortgages having returned to current status or paid off. KBRA affirmed its ratings of ... [Includes four briefs]
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HEL Holdings Decline, but Sector Ripe for Lending

July 3, 2014
Bank and thrift holdings of home-equity loans continued to decline in the first quarter of 2014, according to a new ranking from the Inside Mortgage Finance Bank Mortgage Database. However, HEL lending appears poised to increase, according to industry participants. Banks and thrifts held a total of $1.01 trillion in home-equity lines of credit, HELOC commitments and closed-end second liens at the end of the first quarter of 2014, a 1.1 percent decline ... [Includes one data chart]
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FHFA-OIG Report Cites Risks to Fannie, Freddie From Nonbank Servicers Using Short-Term Financing

July 3, 2014
The Federal Housing Finance Agency agreed to provide guidance to Fannie Mae and Freddie Mac on how to manage the risks arising from their work with nonbank special servicers, the FHFA’s Office of Inspector General said in a report issued this week. The OIG said the FHFA and the government-sponsored enterprises “have responded well to specific problems at nonbank special servicers.” However, it said the FHFA “has not established a risk management process or overall oversight framework to handle some general risks” such servicers pose. The report cites...
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Capital Requirements Likely for Nonbank Servicers

July 3, 2014
Officials with the Conference of State Bank Supervisors suggest that state regulators are likely to set capital requirements for nonbank servicers due to concerns about how a failure of a nonbank would impact borrowers. “People have to feel confident that their mortgage check is going where it’s supposed to go, when it’s supposed to get there,” Chuck Cross, a senior vice president for consumer protection at the CSBS, said last week during a webinar hosted by Inside Mortgage Finance Publications ...
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Few Laws Address Servicer-Affiliate Relationships

July 3, 2014
Among the myriad of servicing concerns raised by the New York Department of Financial Services in recent months are the relationships between nonbank special servicers and their affiliates. Industry lawyers suggest that few laws specifically address the issue, though the area could see increased regulation and enforcement. In April, Ben Lawsky, superintendent of the NYDFS, expanded his probe of Ocwen Financial to include sales of real estate owned properties ...
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GSE Business Rebounds in Second Quarter As Purchase-Mortgage Sector Gains Strength

July 3, 2014
The anxiously-awaited Spring surge in purchase-mortgage lending finally arrived at Fannie Mae and Freddie Mac during recent months, according to a new Inside Mortgage Finance ranking and analysis of loan-level data from the two government-sponsored enterprises. The two GSEs issued $141.83 billion of single-family mortgage-backed securities during the second quarter, an encouraging 9.8 percent increase from the dreary levels recorded in the first three months of 2014. During the first quarter of this year, Fannie/Freddie MBS production set a 14-year low of just $129.21 billion. Clearly, the market isn’t...[Includes three data charts]
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Chase Issues Jumbo MBS with 15-Year Loans

July 3, 2014
JPMorgan Chase issued a $303.75 million jumbo mortgage-backed security last week backed by 15-year fixed-rate mortgages. The deal suggests that there is some viability in securitization as the loans included in the deal were suitable to be held in bank portfolios and in fact were mostly originated by banks. First Republic Bank accounted for 55.1 percent of the contributions to J.P. Morgan Mortgage Trust 2014-2 followed by Chase itself with a ...
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Concerns About New Jumbo MBS Lenders

July 3, 2014
The new lenders contributing to jumbo mortgage-backed securities could pose risks to investors in the deals, according to Standard & Poor’s. The rating service said that due diligence and strong underwriting standards currently mitigate the risks, but there are concerns that the lenders with limited track records won’t be able to fulfill representation-and-warranty repurchase obligations. Jumbo MBS have seen contributions from a mix of lenders. The main contributors ...
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FHFA Readies Capital Rules for Mortgage Insurers; Parent Companies May Have to Put Assets Into Subs

July 3, 2014
The Federal Housing Finance Agency will soon unveil capital rules for private mortgage insurers, introducing a risk-based standard based on loan-to-value ratios and other factors, while requiring parent companies to pledge assets to their MI subsidiaries if necessary, according to officials close to the matter. “Financial strength will be measured by comparing insured risk, on a risk-adjusted basis, against available assets,” said one official commenting under the condition he not be identified. The phrase “available assets” is key because it portends that liquidity must reside at the MI level and not at an affiliate of a parent company. It’s...
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