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CFPB Appears Open to Further Restrictions on “Dual Tracking”

November 12, 2012
CFPB Director Richard Cordray seemed to suggest recently the bureau is open to tightening restrictions on the mortgage servicing industry’s practice of “dual tracking,” by which servicers move forward with foreclosure proceedings while simultaneously evaluating a homeowner for possible loss mitigation alternatives. Appearing before attendees at a recent National Consumer Law Center Conference, Cordray conceded that the bureau has received pointed criticism from consumer advocates about its mortgage...
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Feds Make Another Stab at a National Mortgage Database

November 12, 2012
The CFPB and the Federal Housing Finance Agency, the regulator and conservator of Fannie Mae and Freddie Mac, have agreed to work together on setting up a National Mortgage Database, something officials hope will be the first comprehensive repository of detailed mortgage loan information. The National Mortgage Database is to include information spanning the life of a mortgage loan from origination through servicing and incorporate a variety of borrower characteristics. Specifically, the database will feature...
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BofA Rules the Roost in Declining College Credit Card Agreements

November 12, 2012
From 2009]2011, the number of college credit card agreements, total number of accounts open at year]end, amount of payments by issuers to the university, and number of new card accounts opened during the year all declined, according to the CFPBfs recently released 2012 Annual Report to Congress on College Credit Card Agreements. FIA Card Services, N.A., a subsidiary of Bank of America Corp., submitted 633 agreements, which represents nearly 80 percent of all agreements in effect during 2011, the report indicates...
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Bureau Releases Updated Supervision and Exam Manual

November 12, 2012
The CFPB has put out the second iteration of its Supervision and Examination Manual, the guide bureau examiners use in overseeing companies that provide consumer financial products and services. The manual describes how the CFPB supervises and examines these providers and gives its examiners direction on how to determine if companies are complying with consumer financial protection laws. The bureau updated the supervision manual to reflect the renumbering of the consumer financial protection regulations for which the CFPB...
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Worth Noting

November 12, 2012
Dodd-Frank Repeal? No. Corrections? Maybe. There will be no repeal of 2010’s landmark Dodd-Frank Wall Street Reform and Consumer Protection Act as a result of President Barack Obama’s re-election and the Democratic Party’s retention of control of the U.S. Senate, according to a post-election briefing by Wolters Kluwer. “However, a bipartisan Dodd-Frank Act corrections bill is very likely to pass in the 113th Congress that will convene in January 2013,” the firm continued, citing recent remarks by Sen. Mark Warner, D-VA...
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Despite Status Quo Election Results, Insiders Expect Fiscal Realities to Force Policymakers Into Changes

November 9, 2012
The United States just concluded an electoral campaign season that involved the expenditure of billions of dollars and resulted in no change in the balance of power on the federal level, beyond strengthening Democrats’ control in the U.S. Senate. But that doesn’t mean nothing important is going to happen over the next four years. Securitization industry officials, Washington insiders, political observers and policy wonks all expect hard financial realities to compel policymakers into responding to a host of issues that will significantly affect housing finance and securitization. “We don’t think the ‘status-quo election,’ as some have called it, means status quo for residential mortgage finance,” said Karen Shaw Petrou, a managing partner at Federal Financial Analytics, a Washington, DC, think tank. She thinks...
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Hurricane Sandy Expected to Have Modest, Short-Term Impact on Non-Agency MBS

November 9, 2012
Delinquencies on non-agency MBS will likely increase temporarily due to Hurricane Sandy, according to industry analysts, but long-term losses due to the storm are expected to be minimal. Insurance will play a key factor in overall losses, and estimates vary significantly on the extent of coverage in the affected areas. Moody’s Investors Service projected this week that non-agency MBS are unlikely to suffer material losses due to Sandy even though the affiliated Moody’s Analytics estimated the damage to residential housing from the storm will hit $10.5 billion. “Even if damages exceed...
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GSEs Hit the Brakes Before Transition to Faster Wind-Down of Mortgage Holdings

November 9, 2012
Fannie Mae and Freddie Mac continued to trim their retained holdings of MBS and unsecuritized mortgages during the third quarter, but at a slower pace than in previous periods, according to an analysis by Inside MBS & ABS of earnings reports released this week by the two government-sponsored enterprises. One of the conditions of the conservatorships the GSEs entered four years ago was that they would reduce their retained mortgage portfolios by 10 percent a year. Those terms were revised in August to include a 15 percent annual wind-down, which would take each GSE’s investment portfolio down to $250 billion by the beginning of 2018, four years sooner than under the previous arrangement. As Freddie noted...[Includes one data chart]
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Redwood Profits on Non-Agency MBS and Plans to Expand Issuance, Including Agency and Commercial

November 9, 2012
Redwood Trust late last week reported net income of $40.0 million for the third quarter of 2012, including $3.0 million in net gains on the $372.0 million of non-agency MBS issuance and whole loan sales the real estate investment trust completed during the period. Redwood officials said the company is well-positioned for growth in non-agency MBS issuance, commercial MBS issuance and soon agency origination activity. In a quarterly review, company officials noted that some have called the REIT “crazy” for resuming issuance of non-agency MBS after the financial crisis of 2007. Redwood has issued eight non-agency MBS since April 2010 totaling $2.6 billion. The REIT said...
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NAIC Approves New Valuation Model for RMBS, CMBS Requiring Higher Capital Requirements

November 9, 2012
A task force of state insurance regulators has agreed to require insurers to set aside additional capital to cover risks tied to residential and commercial MBS in an effort to buffer the industry from losses in the event of a severe downturn. The National Association of Insurance Commissioners’ Valuation of Securities Task Force voted 11-2 to support a proposed increase in the NAIC’s capital requirements for U.S. life insurers. The change in capital requirements is driven by year-end NAIC modeling assumptions related to RMBS and CMBS. The change raises...
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