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Despite Allegations That RMBS Working Group Is Missing Investigators, Task Force Is ‘Very Busy’

April 12, 2012
Some liberal interest groups are questioning whether the RMBS working group formed by federal and state enforcement agencies to coordinate securitization investigations is moving fast enough. In an email circulated earlier this week, CREDO, a progressive network, wrote that the Department of Justice has yet to deliver on its promise of 55 investigators to the RMBS working group. As federal and state enforcement agencies were wrapping up the contentious $25 billion settlement with five mortgage servicers in late January, U.S. Attorney General Eric Holder announced a new task force designed to “stream...
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Moody’s Top Brass Favor CRAs Dropping Regulatory Role, Return to Market Roots

April 12, 2012
Credit rating agencies (CRAs) should return to their market roots and stop being a regulatory tool for public policy, according to a Moody’s Investors Services top executive. In recent remarks to the American European Community Association, Ray McDaniel, chief executive officer of Moody’s Corp., noted that credit ratings have grown from limited use by banks in the 1920s to something that regulators and politicians have relied upon to serve public-policy objectives for the past several decades. McDaniel said such reliance has got to stop. He said regulatory policies should be geared towards reducing any...
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HARP Activity Gains Speed in Early 2012 as Program Accounts for Growing Share of Refi

April 12, 2012
The Home Affordable Refinance Program for underwater Fannie Mae and Freddie Mac mortgages has accelerated sharply in the first quarter of 2012, according to a new analysis and ranking by Inside Mortgage Finance. Based on loan-level data on mortgage-backed securities issued by the two government-sponsored enterprises during the first quarter, HARP activity surged to a record 180,572 loans in the first three months of the year. That was up 93.8 percent from the fourth quarter of 2011, and it featured a huge 56.3 percent jump in activity from February to March. Total HARP activity...(Includes one data chart)
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DeMarco Opens Door to GSE Writedowns, But Strategic Default Remains Key Concern

April 12, 2012
The Federal Housing Finance Agency has concluded that accepting incentive payments from the U.S. Treasury for writing down loan balances on certain Fannie Mae and Freddie Mac mortgages could end up saving taxpayers money, but the agency is not ready to make the controversial change in policy for the two government-sponsored enterprises. What’s holding the FHFA back is the unresolved concern that forgiving principal on GSE loans will encourage unknown numbers of underwater Fannie and Freddie borrowers to deliberately stop making payments or claim hardships so they can get their debt reduced. A...
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CFPB Previews Pending Mortgage Servicing Rules, Industry Wants to See Rule Coordination, Fairness

April 12, 2012
The mortgage banking industry got some advance notice this week on the direction the Consumer Financial Protection Bureau plans on taking when it issues a mortgage servicing proposed rule later this summer. The CFPB said it wants to design mortgage servicing rules to keep mortgage borrowers from getting stuck with costly surprises because of a lack of transparency or getting the runaround from their mortgage servicer because of a lack of accountability. “In recent years, many borrowers have complained that they did not receive the information they needed to help avoid foreclosure,” CFPB Director Richard...
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Conflict-of-Interest Provision Could Potentially Delay Implementation of $25 Billion Settlement

April 12, 2012
A conflict-of-interest provision in the $25 billion robo-signing settlement approved by the court last week could make it harder for independent settlement monitor Joseph Smith to organize an oversight monitoring team within the agreement’s timeline. Smith, North Carolina’s former commissioner of banks, may have to issue or seek clarifying guidelines that would allow him to recruit attorneys and other professionals for his monitoring team and begin a phased implementation of the settlement’s servicing standards and mandatory relief requirements, according to an industry attorney. Last week...
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Fed Issues Policy Guidance, Encouragement to Banks on Renting Foreclosed Property Inventory

April 12, 2012
Federally regulated banking institutions may now hang the “for rent” sign on houses in their portfolio of residential “other real estate owned” properties as an alternative to selling difficult to move OREOs, according to new guidance released by the Federal Reserve. Last week, the Fed issued a policy statement reiterating that federal statutes and its own regulations permit the rental of residential properties acquired in foreclosure as part of an orderly disposition strategy. “The general policy of the Federal Reserve is that banking organizations should make good faith efforts to dispose of...
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Fracking Moratorium Could Get Messy For Mortgage Lending in Certain States

April 12, 2012
Fannie Mae and Freddie Mac have generally made exceptions to their own rule regarding title impediments for properties with oil, gas, water or mineral rights, though new environmental disputes over hydraulic fracturing may change that, with “confounding implications for a particular region’s lenders,” said rating service DBRS. While contracts that allow for parties other than the property owner to utilize the land often complicate matters, the profitability of leases for resources like natural gas make those properties more attractive, because “the lease would generate income the borrower could apply...
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Correspondent Lending Still Played Major Role in 2011 Production Despite Retreat by Several Wholesalers

April 12, 2012
Although Bank of America famously shut down its huge correspondent program last year, joining a trend already under way, only two thirds of home mortgages originated in 2011 were manufactured through “direct” channels by retail programs and mortgage brokers. Wells Fargo topped the ranking of direct mortgage originators with $209.8 billion in volume in 2011. That represented 15.5 percent of the industry’s total mortgage originations, significantly lower than the company’s 26.8 percent market share when correspondent production is included. Bank of America’s direct originations...(Includes two data charts)
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Securitization Markets Off to Flying Start in 2012 As Agency MBS Market Surges on Refinance Wave

April 6, 2012
New MBS and ABS issuance was up sharply in the first quarter of 2012, building on the momentum of a strong finish last year and heavy mortgage refinance activity. According to a new Inside MBS & ABS analysis, a total of $430.0 billion of residential MBS and non-mortgage ABS were issued during the first quarter, up 17.8 percent from the final three months of 2011 and 13.4 percent higher than in first quarter of last year. It was the market’s highest three-month volume since the fourth quarter of 2010, another period of heavy mortgage refinance volume. Residential...(Includes two data charts)
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