A temporary exemption for Fannie Mae and Freddie Mac mortgages is among the plethora of provisions contained within the Consumer Financial Protection Bureau’s long-awaited “qualified mortgage” rule issued last week. Even so, credit unions fear onerous GSE buyback requirements may be an unintended consequence of the new rule.Called for by the Dodd-Frank Act, the CFPB’s QM rule lists the characteristics of a qualified mortgage, or one that regulators will presume will be within a borrower’s ability to repay the loan.

The Consumer Financial Protection Bureau estimates that about 70 percent of the mortgages originated from 1997 to 2003 would likely meet the agency’s new “qualified mortgage” designation. Under the agency’s recently minted ability-to-repay final rule, lenders that originated qualified mortgages will be legally protected against lawsuits brought by borrowers. The ATR rule itself broadly requires lenders to consider a number of factors in underwriting most home mortgages – a few loan types ...

Inside Mortgage Finance Publications, Inc. announced this week that it has just settled a major copyright infringement dispute with a large national financial institution for more than one quarter of a million dollars. Without admitting any infringement, liability or wrongdoing, the financial institution agreed to pay IMFP to settle charges that it had violated federal copyright laws by making unauthorized copies of Inside Mortgage Finance. IMFP alleged that the financial institution had engaged in ongoing in-fringement, distributing infringing copies of dozens of registered issues to a group of non-subscribing employees. “We never like...

During the next 12 to 24 months, investors should expect “robust growth” from the historically fragmented single-family real estate-owned-to-rental market as it emerges into an institutional asset class, according to analysts at Keefe, Bruyette & Woods. The KBW report noted that despite the market’s traditionally limited funding source of capital – retail or smaller institutional investors – its horizons are expanding. “Investor interest has increased...

ReadyCap Commercial LLC, a startup based in Irvine, CA, issued its first loan approval a few days ago, and hopes to issue a commercial MBS by the fall. The company’s forte is what it calls “low balance” commercial mortgages, including multifamily, office, industrial and retail properties. Its loan size menu ranges from $500,000 to $5 million, company CEO Steve Skolnik told Inside MBS & ABS. Skolnik, who until last June headed commercial services at Aurora Bank FSB, is...

Moody’s Investors Service recently implemented a significant overhaul of its methods for assessing servicers of non-agency MBS, replacing criteria issued in 2001. Among other changes, the new standards expand the data sources Moody’s will look at to include more timely figures from trustees and servicing performance for the government-sponsored enterprises. The analysis by Moody’s includes monthly loan-level data from the servicer if provided on a timely basis, monthly performance data from the trustee when available, and GSE servicing data as needed. Previously, the rating service largely relied on loan-level portfolio data from servicers. “The trust data is...

Recent changes announced by the Basel Committee for pending capital standards will increase demand from private capital for non-agency MBS, according to industry participants, but some say the benefit may be muted. Last week, the Basel Committee adjusted the liquidity coverage ratio for Basel III capital requirements by expanding the definition for “high quality liquid assets” to include Level 2B assets. Among the assets newly eligible are certain residential MBS rated AA or higher, subject to a 25.0 percent haircut. “The Basel Committee made...

The ability-to-repay “qualified mortgage” final rule released last week by the Consumer Financial Protection Bureau will likely impair access to and the cost of jumbo and nonprime mortgage loans, in spite of the market clarity and certainty it provides, according to many market observers. Wall Street MBS analyst Laurie Goodman and the rest of her MBS strategy group at Amherst Securities said the implications for jumbo mortgage is that loans with debt-to-income ratios greater than 43 percent will not be made by most lenders, as these mortgages will not qualify for QM status. “The penalties for making non-QM mortgages can be...

The non-agency jumbo MBS market in 2012 posted its best year since the cratering of the U.S. housing market and financial market collapse back in 2008, and increased regulatory clarity may spur the recovery further in 2013. A total of $3.46 billion of non-agency jumbo MBS were issued last year, according to a new ranking and analysis by Inside MBS & ABS. In the pre-crash years, that level of issuance didn’t add up to a decent week in productivity. But last year’s prime non-agency MBS issuance was...[Includes three data charts]

A number of rules from federal regulators in the past two weeks aim to tighten standards for nonprime mortgage lending, including requirements for ability to repay, appraisals and escrow accounts. Industry analysts suggest that the standards would have limited subprime mortgage lending during the boom of 2005, but those markets were dried up long before the new rules will take effect. In setting new rules for the nonprime market, federal regulators have established criteria for “higher-priced mortgage loans.” First-lien HPMLs are those with an annual percentage rate of at least 1.5 percentage points above the “average prime offer rate” for similar loan types, and more than 3.5 percentage points for junior-lien HPMLs. Some $12.38 billion in higher-priced mortgages were sold...