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Stevens’ Decision to Stay at MBA Is Plus for Trade Group and Industry, Observers Say

July 5, 2012
Mortgage industry insiders are applauding the decision by David Stevens to stay on as president and CEO of the Mortgage Bankers Association rather than take the number two post at SunTrust Mortgage as he had previously announced. Stevens was to resign from the MBA on June 30, but the trade group this week announced that he had changed course and decided to stay. “After serious thought and consideration, I simply cannot leave the MBA at such a critical time for the industry and the association,” said Stevens. “Frankly, at the end of the day, stepping away now when so much progress is being made and...
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How Much Traction Will Small Lender Arguments Have with CFPB on Points and Fees Rulemaking?

July 5, 2012
The Consumer Financial Protection Bureau is proceeding with its effort to develop a rule to limit the upfront points and fees mortgage originators could collect from borrowers – an initiative it began by assembling a small business regulatory review panel to consider the bureau’s initial direction. But one panel participant isn’t confident that their views are going to make much headway with an agency that may already have its mind made up. The CFPB is considering a handful of related proposals, one of which would require an interest-rate reduction when consumers elect to pay discount points. Specifically...
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Senate Democrats Pressure United Guaranty To ‘Do the Right Thing’ on HARP 2.0 Changes

July 5, 2012
A trio of Senate Democrats is squeezing the only private mortgage insurer not fully onboard with the Obama administration’s recent enhancements to the Home Affordable Refinance Program. Last week, Sens. Barbara Boxer, D-CA, Robert Menendez, D-NJ, and Herb Kohl, D-WI, dispatched a critical letter to United Guaranty Corp. CEO Kim Garland. The letter came attached with a set of eight questions for the MI and a less than subtle hint that the mortgage-insurance unit of Ameri-can International Group Inc. should get with the program just like everybody else. “Despite the industry consensus that removing...
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U.S. Supreme Court Punts ‘Actual Harm’ RESPA Dispute Back to the Lower Courts

July 5, 2012
The Supreme Court of the United States had a chance to resolve the issue of whether an individ-ual who has not suffered any actual damages from violations of the Real Estate Settlement Procedures Act has legal standing to sue in federal court. But instead, SCOTUS decided not to explore it. “The writ of certiorari is dismissed as improvidently granted,” the high court said in a terse an-nouncement late last week regarding First American Financial v. Edwards, a case it agreed to hear al-most to the day one year ago. The ruling means the plaintiff will in fact be able to move ahead and sue, as the...
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Appraisers Warn Against Potentially Excessive Regulation Even as Regulators, Other Groups Call for Closer Scrutiny

July 5, 2012
The appraisal industry is calling upon Congress to enact legislation to reform the current regula-tory structure for appraisers, at the same time warning that any unauthorized action by appraiser regula-tory agencies to toughen oversight would hurt and jeopardize the profession. Testifying before the House Financial Services Subcommittee on Insurance, Housing and Economic Opportunity last week, the Appraisal Institute said the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and the Appraisal Foundation, an authorized private regula-tory body, have agreed to...
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U.S. Foreclosure Mitigation Efforts Found Insufficient, States Play More Active Role

July 5, 2012
Federal officials deny that they’re growing weary of and disinterested in the ongoing foreclosure crisis, even while observers are calling for more effective solutions. “Folks in Washington tell me there is a general sense of foreclosure fatigue in our nation’s capital,” wrote Jean Braucher, a professor of law at the University of Arizona, in the finance blog Credit Slips. “It’s just so boring to keep thinking about all the people losing their homes year after year. Can’t we move on to something new? This attitude goes along with a failure to do anything meaningful to get out of the five-year-old mortgage crisis, still...
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Wall Street Anxious About Impact of Franken Amendment on Rating Services and Investors

June 29, 2012
The Securities and Exchange Commission is coming down the home stretch in a project that has raised jitters in the MBS and ABS market: a review of the credit rating process for structured finance transactions that will conclude with reform recommendations for Congress. Embedded in the Dodd-Frank Act was a provision authored by Sen. Al Franken, D-MN, that requires the SEC to study potential conflicts of interest in issuer-pay and subscriber-pay compensation models used in the credit rating process. Franken originally proposed that the SEC be required to create a process through which a new government entity would assign...
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Vast Majority of Repurchase Demands on Non-Agency Mortgage Securities Remained Disputed in Early 2012

June 29, 2012
Relatively few repurchase demands on mortgage loans backing non-agency MBS were resolved during the first quarter of 2012, according to a new Inside MBS & ABS analysis of disclosure filings made by 34 securitizers. The securitizers reported that a total of $29.03 billion of loans were in some stage of the process following demands that the mortgages be repurchased because of breaches of representations and warranties by the originator of the loans. But of that amount, some $28.62 billion – 98.6 percent of total activity – were classified...(includes one data chart)
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Moderate Prepayment, Call Protection, New Disclosures Make FHA Low MIP Pools Attractive

June 29, 2012
Roughly 27 percent of outstanding Ginnie Mae MBS pools are eligible for the FHA’s revised streamline refinancing program, which could translate to $36 billion in new annual Ginnie Mae issuance, according to a report from Barclays Research. Barclays analysts estimated that about $293.0 billion of Ginnie Mae’s $1 trillion-plus 30-year loan pools were originated before May 2009. About 79 percent of the collateral backing these pools are FHA loans, which suggests that as much as $232.0 billion could qualify...
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Early Mods Boost Success of Non-Agency Mortgages, Principal Reduction Most Effective, Analysis Finds

June 29, 2012
When it comes to modifying non-agency mortgages, early loan modifications greatly increase the rate of success, and principal reductions are the most effective type of loan mod, according to a new study by the MBS strategy group at Amherst Securities Group. “Modification activity has undergone a dramatic reshaping over the past few years, which has dramatically improved modification success,” the study said. “In particular, payment reductions are much larger now, and that is...
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