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Bureau Paper on Overdrafts Likely Hints at Rulemaking

June 17, 2013
The CFPB recently released initial data findings from its 15‐month (and counting) study of overdraft programs, including a few comments that suggest some rulemaking is in the offing. “Nothing in this report implies that banks and credit unions should be precluded from offering overdraft coverage,” the report stated. Moreover, the study noted progress in some areas in recent years in protecting consumers from harm. “Nonetheless, our findings with respect to the number of consumers who are incurring heavy overdraft fees or account...
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CFPB Eyes Improving Debt Collection for Consumers

June 17, 2013
Comments at the recent CFPB/Federal Trade Commission roundtable on debt collection reveal the bureau is concerned about making the process more consumer friendly, and that portends more oversight and regulation for the industry. “At the bureau, we recognize that debt collection is an essential part of the credit system,” said Steve Antonakes, the bureau’s acting deputy director. “Debt collectors remind borrowers that repaying debt is a serious obligation and that not repaying has consequences.” However, the bureau also...
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In Brief

June 17, 2013
Bureau Puts All Mortgage Rules in One Online Location. The CFPB launched its new Regulatory Implementation web page last week, a centralized online location that consolidates all of the bureau’s new 2013 mortgage rules and related implementation materials. “This is an effort to support rule implementation and ensure that industry is ready to comply with the new borrower protections,” the CFPB said. This is the central access point for the agency’s mortgage-related implementation materials, including mortgage rules at a glance...
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Looking Ahead

June 17, 2013
The House Financial Services Oversight and Investigations Subcommittee, chaired by Rep. Patrick McHenry, R-NC, plans a hearing on the afternoon of Tuesday, June 18, entitled, “CFPB Budget Review.” “The hearing will examine the past and planned obligations and expenditures of the CFPB for fiscal years 2011-14, the purpose and propriety of such obligations and expenditures, and whether the absence of CFPB accountability to Congress has an impact on such obligations and expenditures,” according to a subcommittee...
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Former Rating Analysts Blame Management At Rating Services for Conflicts of Interest

June 14, 2013
Former rating analysts at two of the major rating services told the Securities and Exchange Commission that problems with the rating system are due to management at the rating services, not the analysts in charge of assigning ratings. “The management sets the policies, goals and corporate culture,” said David Jacob, the executive managing director of global structured finance at Standard & Poor’s from 2008 through 2011. “Management serves its firm’s shareholders, who look to maximize profit. There is nothing wrong with this. However, invariably there is potential for a conflict of interest.” In a comment letter submitted to the SEC last week, Jacob said...
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SEC Prompted Changes Before Approving Shellpoint’s Shelf Registration Statement

June 14, 2013
The Securities and Exchange Commission sought changes large and small before approving the non-agency MBS shelf registration statement of Shellpoint Partners in May. The scrutiny is similar to that faced by Redwood Trust when it renewed its shelf this year, showing that the SEC wants particular disclosures to accompany new non-agency MBS issuance. The back and forth between the SEC and Shellpoint started in November, when the agency sent Shellpoint initial comments on the proposed prospectus that would accompany non-agency MBS issued by the firm. The SEC requested greater disclosure and corrections to a number of issues. The SEC said...
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House Republicans Seek to Replace GSEs with Non-Agency Market, Many Obstacles in That Path

June 14, 2013
“As lawmakers, it is time to open up our eyes and open up our minds to alternative models and a pathway forward,” said Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, at the beginning of a hearing he convened this week to consider housing finance models without explicit government guaranties. Hensarling, along with many Republicans in his committee, is angling to replace the government-sponsored enterprises with some sort of a non-agency market. However, a number of obstacles exist in that path, including the preference among Democrats and a significant portion of industry players for the GSEs’ functions to be replaced with some form of government guaranty. Most of the witnesses at the hearing provided...
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Agencies Drive Mortgage Securitization Rates to Record Levels in 1Q13, Timing Issues a Factor

June 14, 2013
New single-family MBS issuance accounted for a record 90.1 percent of home loan originations during the first quarter of 2013, according to a new Inside MBS & ABS analysis. An estimated $500.0 billion of new home mortgages were originated during the first three months of the year, down 4.8 percent from the fourth quarter of 2012, as refinance activity began to weaken. But mortgage securitization activity declined at a slower pace, falling just 0.6 percent in the first quarter. That pushed...[Includes one data chart]
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Improved Housing Data, Price Adjustments Present Attractive Investment Options in Non-Agency MBS

June 14, 2013
The recent market tumult caused by suggestions that the Federal Reserve’s quantitative easing program (QE3) may soon be tapering off is likely over, and price adjustments may have created good buying opportunities in the non-agency MBS sector, according to analysts. With less than $1 trillion in MBS still outstanding in the market, and very few higher-yield investment options around, non-agency MBS remains a good investment choice, said Bank of America Merrill Lynch analysts Chris Flanagan, Ryan Asato and Justin Borst. In their latest market analysis, the BAML researchers said...
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Nationstar Mortgage Prices $2 Billion of Servicing Advances, More on the Way?

June 14, 2013
Nationstar Mortgage, which has been feasting on legacy packages of mortgage servicing rights the past three years, recently priced $2 billion of asset-backed term notes and variable funding notes. The term notes are for $1 billion, as are the VFNs. The debt carries a weighted average rate of 2.10 percent and a term of three years. The notes replace $1.9 billion of existing non-agency advance facilities “and are expected to result in a reduction in rate of 1.75 percent, the nonbank servicer said. When Nationstar and other well-heeled servicers buy...
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