The mortgage lending industry won a comprehensive and authoritative victory and a great deal of legal certainty from the Supreme Court on the issues of fee-splitting and markups under the Real Estate Settlement Procedures Act. Last week, in Freeman et al. v. Quicken Loans Inc., the nation’s highest court unanimously sided with the lender and ruled that a plaintiff has to show that a fee charged for a real estate settlement service was shared between two or more persons to prove a violation of Section 8(b) of RESPA has occurred. In this case, the plaintiffs were three couples, the Freemans, Bennetts...

First-time homebuyers, looking to capitalize on low housing prices and even lower mortgage rates, have revved up their home shopping in recent months, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. And this is welcome news for a mortgage industry looking to jumpstart home purchase mortgage lending. But first-time homebuyers also face a number of speed bumps – if not roadblocks – in the current housing market. These range from tough mortgage underwriting requirements to increased competition from investors looking to snap up housing bargains – challenges that...

Although at least one Senate Republican shows interest in a plan to expand the Home Affordable Refinance Program, the outlook for Congressional action remains doubtful and House Democrats are pushing the Federal Housing Finance Agency to make further HARP changes administratively. During a Senate Banking, Housing and Urban Affairs Committee hearing last week on legislation to expand HARP, Sen. Bob Corker, R-TN, said he was open to the proposal. “I hope that we’ll have a real mark-up on this bill,” he said. Senate Democrats Robert Menendez (NJ) and Barbara Boxer (CA) have introduced legislation...

Nonbank venture capital funds that see opportunity in the expected pullback of banks from the $10 trillion mortgage servicing rights sector likely will not dodge the growing regulatory compliance burden that has become one motivation for banks to pull out of the business. Nationstar Mortgage Holdings, a unit of Fortress Investment Group that was taken public in March, is on pace to become the largest nonbank servicer in the industry if it succeeds in buying the mortgage servicing portfolio of GMAC Mortgage and Residential Capital. Nationstar CEO Jay Bray recently went on record saying he expects...

Guarantee fees on Fannie Mae and Freddie Mac single-family mortgage-backed securities have been edging higher over the past year and in April took a 10 basis point leap higher, but the timetable for future increases is unclear. In April, the government-sponsored enterprises implemented a 10 bp increase in guarantee fees that was mandated by Congress as a way to pay for an extension of a cut in payroll taxes. All of the added revenue from the fee hike, which will remain in effect for 10 years, will go to the U.S. Treasury and not cover Fannie and Freddie credit losses or count toward the GSEs’ obligations...

Ginnie Mae issued $80.9 billion of single-family mortgage-backed securities during the first quarter of 2012, an increase of 6.8 percent from the previous three-month period. It was the highest production level for the program since the end of 2010 and reflected a surge in FHA and VA refinance originations. Ginnie MBS issuance was up 2.3 percent from the first quarter of last year. Wells Fargo stretched its industry-leading market share to 40.1 percent in the first quarter. The company issued $32.5 billion in Ginnie single-family securities, a gain of 14.0 percent from the end of 2011, or about...

Thanks to the ongoing domination of the MBS market by Fannie Mae, Freddie Mac and Ginnie Mae, securitization continued to fund the overwhelming majority of home loans originated during the first three months of 2012. A new Inside MBS & ABS analysis revealed that the volume of securitized newly-originated residential mortgages equaled a whopping 97.0 percent of home loans originated during the first quarter of this year. That came close to the record 99.7 percent securitization rate set back in the first quarter of last year. The delay between primary market origination...(Includes one data chart)

Last week’s launch of the RMBS Working Group’s website demonstrated that government investigators see Wall Street insiders as a valuable source of information to detect and prove fraud and other misconduct in the packaging of mortgage securities. “Fraud can be hard to uncover without help from whistleblowers who were corporate insiders,” the task force said on the website. Whistleblowers can get rewards of up to 30 percent of the government’s monetary recovery based on the specific information, as well as protection from retaliation. The inclusion of a whistleblower provision in the Dodd-Frank Act has...

In a move intended to maintain the integrity of data that helps guide the decisions of MBS investors, the Financial Industry Regulatory Authority last week fined Citigroup Global Markets $3.5 million for allegedly providing “inaccurate mortgage performance information, supervisory failures and other violations” in connection with subprime residential MBS. “Citigroup posted data for its RMBS deals that it should have known was inaccurate; and even after they learned that the data was inaccurate, Citigroup did not correct the problem until years later,” said Brad Bennett, FINRA executive vice president and...

The growth of mortgage real estate investment trusts over the last several years has been driven by high market returns and changes in the MBS and mortgage markets, according to a new sector analysis by Keefe, Bruyette & Woods. The National Association of Real Estate Investment Trusts reported that total mortgage REIT capitalization jumped to $43.0 billion at year-end 2011 from just $1.6 billion in 2000. Since the start of 2012, the combined market REIT capitalization has gone up to $55.0 billion, the group noted. The only setback to the growth trend occurred in 2008 as a result of the collapse of...