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Robust Compliance Strategy Will be Critical in Successfully Navigating the CFPB’s QM Waters

May 16, 2013
The ability-to-repay rule promulgated by the Consumer Financial Protection Bureau is perhaps the single most important mortgage-related regulation the CFPB will produce under the Dodd-Frank Act, and mortgage lenders will need a vigorous and comprehensive strategy if they are going to make qualified mortgages profitably while maintaining the desired level of legal protection. But before lenders get to the compliance pieces of the QM puzzle, they’ve got to figure out “how to get to QM” and what types of loans they want to make. “We’re assuming...
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U.S.’s Aggressive Use of FCA Rejected in GSE Loan Case, But Claims Under FIRREA Allowed to Proceed

May 16, 2013
Efforts by the U.S. Attorney for the Southern District of New York to use the False Claims Act to recoup $1 billion in losses suffered by Fannie Mae and Freddie Mac have suffered a big setback. Last week, U.S. District Court Judge Jed Rakoff dismissed claims for treble damages and penalties the federal government brought under the FCA against Bank of America as successor to Countrywide Financial for allegedly selling defective loans to the two government-sponsored enterprises while representing that the mortgages complied with their requirements. The government asserted...
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Servicer Behavior Could Drive Non-Agency MBS Performance This Year

May 15, 2013
Brandon Ivey
Feedback from residential servicers indicates that the number of new loan modifications on mortgages in non-agency MBS this year will be near levels seen last year.
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Slight Increase in G-Fees Would Equalize Agency/Non-Agency Pricing

May 15, 2013
Brandon Ivey
Guaranty fees need to be raised by roughly 10 basis points in order for the pricing between agency and non-agency deals to be comparable, according to a new report.
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FHA Requires Documentation of Certain Downpayment Assistance Funds

May 15, 2013
George Brooks
The Federal Housing Administration has streamlined requirements for permissible sources of downpayment funds, which should be a boost to borrowers using government financing.
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Subprime Lender Deephaven Searching for Warehouse Lines

May 15, 2013
Paul Muolo
Is the warehouse lending community closed to new subprime lenders, even if they have high downpayment requirements?
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Shellpoint Provides More Details on First ‘Nonconforming’ MBS

May 15, 2013
Paul Muolo
A planned MBS from Shellpoint could provide more liquidity for loans made to self-employed borrowers.
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Short Takes: Turn the GSEs Into a Cooperative? / Share Price of Fannie Common Getting Frothy / FHA Finally Gets Some Good News / LPS Launches New Product / Fannie Ready for Modifications

May 15, 2013
George Brooks, Paul Muolo, and Charles Wisniowski
Why is the share price of Fannie Mae's junior preferred stock rising so much? Also, send Freddie Mac "back to the future"?
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GSE Mortgage Portfolios Continued to Shrink in First Quarter

May 14, 2013
John Bancroft
Fannie Mae and Freddie Mac are continuing to shrink their retained portfolios as mandated by their regulator.
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Mortgage Deduction Maximized on the Coasts, Costs U.S. $72 Billion Annually

May 14, 2013
Thomas Ressler
The mortgage interest deduction is costing the U.S. Treasury roughly $72 billion a year.
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