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Fannie, Freddie Dataset to Support CFPB Closing Documents

August 9, 2013
Thomas Ressler
Fannie Mae said that, assuming publication of the CFPB final rule comes in the fall, more information will be available later in 2013 on implementation plans.
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Hensarling Housing Reform Bill Includes Provisions For a Covered Bond Market, At FDIC’s Expense

August 9, 2013
The Federal Deposit Insurance Corp. would be prohibited from repudiating covered bonds when resolving a failed banking institution under the provisions of a controversial housing reform bill put together by the Republican leadership of the House Financial Services Committee and passed out of committee last week. That prohibition would go a long way toward resolving the long-standing hurdles that have thwarted development of a covered bond market in the United States. But it also amps up the level of controversy associated with H.R. 2767, the Protecting American Taxpayers and Homeowners Act of 2013, introduced by Committee Chairman Jeb Hensarling, R-TX, and Rep. Scott Garrett, R-NJ, the architect of a covered bonds bill introduced in the 112th Congress. The relevant provisions in the PATH Act are...
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Freddie Drags Down Agency MBS Production in July, Industry Takes Closer Look at TBA Change

August 9, 2013
Agency issuance of single-family MBS declined modestly in July, according to a new analysis by Inside MBS & ABS, with most of the decline coming in Freddie Mac’s business. The three government MBS agencies issued a total of $144.26 billion in single-family MBS last month, down 2.5 percent from June’s level. It was the lowest monthly production level so far in 2013, and issuance has generally drifted lower since peaking in January. July did push the year-to-date total for 2013 over the $1 trillion mark, up 17.9 percent from the first seven months of last year. The biggest shift was...[Includes one data chart]
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DOJ and SEC File Lawsuits Against BofA Regarding Disclosures on Non-Agency Jumbo MBS From 2008

August 9, 2013
The Department of Justice and the Securities and Exchange Commission filed similar lawsuits this week against Bank of America regarding an $855.67 million non-agency jumbo MBS issued in January 2008. The lawsuits claim that BofA failed to disclose key facts regarding one of the last jumbo deals to be issued before the securitization market essentially closed in 2008. BofA counters that the securities were sold to sophisticated investors that had “ample access” to the underlying data. BofA was the issuer of the security in question – Banc of America Mortgage 2008-A Trust – as well as the originator, servicer, sponsor and depositor, and affiliated entities managed the transaction. The regulators allege...
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Fair Lending Considerations Important to QM Points-and-Fees Calculation

August 9, 2013
Thomas Ressler
Lenders would be well served to periodically re-assess the fair lending impact of their policies especially in regard to the qualified mortgage rule.
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Private MIs Post First Profitable Quarter in Six Years, Highest Market Share Since 2008

August 8, 2013
The four private mortgage insurers that survived the housing market collapse reported a combined $38.3 million in net income during the second quarter of 2013, the first positive result for the group since the second quarter of 2007, according to a new Inside Mortgage Finance analysis. Over that time, the four firms racked up a staggering $19.23 billion in losses, watched three competitors go down the drain, cobbled together various regulatory compliance strategies to stay in business and saw a huge chunk of the market get gobbled up by the FHA. But one new entrant gained...[Includes two data charts]
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Non-Agency MBS Trustees Sue on Behalf of Investors to Stop Implementation of Richmond’s Eminent Domain Plan

August 8, 2013
Fannie Mae, Freddie Mac and mortgage-backed securities trustees representing investors in non-agency MBS sued the city of Richmond, CA, this week to stop it from further implementing a plan to use eminent domain authority to seize and purchase performing underwater mortgages. Wells Fargo and Deutsche Bank, acting as trustees for a group of investors that includes BlackRock, Inc., Pacific Investment Management and the government-sponsored enterprises, filed the lawsuit in federal court in San Francisco at the behest of certificate holders. The plaintiffs are asking the court to declare the “Richmond Seizure Program” unconstitutional and in violation of California laws, and to order city officials to end the program. Securitizers and investors are...
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M&A Roundup: CashCall Sale in Question, Cole Taylor Deal Moving Along; MSR Thirst Still Red Hot

August 8, 2013
Three months ago, CashCall President Paul Reddam said he was open to offers on his refinance shop, but that was before a jump in interest rates signaled a downturn in refi lending. At the midway point in 2013, CashCall ranked as 26th in mortgage originations, according to Inside Mortgage Finance, and refi loans accounted for virtually all of its business. These days Reddam isn’t returning telephone calls and competitors and investment bankers that specialize in mortgage acquisitions say that of late, they’ve heard little about CashCall’s situation. “I’m getting resumes from some of their employees,” said one mortgage CEO who is based in the same Southern California market as CashCall. “We’re seeing a lot of resumes from refi shops.” This executive, who focuses on purchase lending and spoke on the condition his name not be used, said...
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Be Mindful of Fair Lending Considerations When Calculating QM Points and Fees, Pros Advise

August 8, 2013
Given the complexity of the 3 percent points-and-fees cap for qualified mortgages under the ability-to-repay rule and the imperative of getting it right, mortgage lenders could still find themselves outside the compliance box if they ignore the fair lending implications of their business practices. “Fair lending is definitely something we have to take into consideration in every decision we make and every rule we come across,” said Ginger Moore, the compliance officer at PrimeLending, during a webinar last week sponsored by Inside Mortgage Finance. One example is...
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Obama Revisits Earlier Refinance Proposal, Offers Implied Support for Bipartisan Senate Reform Plan

August 8, 2013
President Obama this week affirmed his view that Fannie Mae and Freddie Mac should be wound down through a “responsible transition” to a new mortgage finance system that preserves the 30-year fixed-rate mortgage while emphasizing private capital. In a highly anticipated speech in Phoenix this week, Obama listed among his key reform principles that private capital should be in a first-loss position and the government should provide an appropriately priced, explicit guaranty to ensure continued access to the 30-year FRM. Those are the major components of the bipartisan reform legislation drafted by Sens. Bob Corker, R-TN, and Mark Warner, D-VA, although the president did not mention the bill by name. Obama also said...
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