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...

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...

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...

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...

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)

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)

Last week, key Republicans on the House Financial Services Committee asked banking regulators to provide a detailed analysis of a key provision in the controversial proposed rule on risk retention in securitization that could make non-agency MBS issuance unprofitable for issuers. In a letter to the agencies charged with implementing the risk-retention requirements of the Dodd-Frank Act, Republicans Spencer Bachus (AL) and Scott Garrett (NJ) expressed their concerns about the premium capture cash reserve account requirements drafted by the regulators. The PCCRAs would require issuers to hold any premiums...

Fannie Mae and Freddie Mac could end up on the hook for millions of dollars in unpaid property taxes as well as the targets of numerous legal complaints following a Michigan federal judge’s ruling that could force the GSEs to open their coffers to a plethora of revenue-starved local governments. Two weeks ago, U.S. District Court Judge Victoria Roberts granted Oakland County, MI, summary judgment in its lawsuit against Fannie and Freddie because the two GSEs failed to pay the transfer tax on deeds recorded by the state Register of Deeds Office, as required by Michigan law.

Bank of America appeared to clear a hurdle in getting final approval for its proposed $8.5 billion MBS settlement when the New York State Supreme Court last week dismissed an attempt to overturn the deal by an investor group that was not included in the settlement. New York State Supreme Court Justice Barbara Kapnick dismissed the complaint brought by Walnut Place LLC and related entities on March 28 saying that the investors can’t sue BofA directly without giving the Bank of New York Mellon enough time to act in its role as the MBS trustee. Walnut Place’s appeal seeks to revive its suit against BofA. Walnut...

Prudential Financial last week utilized a unique hybrid MBS/covered bond structure to finalize a $1.0 billion bond secured by vintage subprime MBS. Standard & Poor’s, which gave Prudential Covered Trust 2012-1 an A rating, said the original balance of the MBS was approximately $2.8 billion. Proceeds from the sale of the notes are being used to buy a pool of MBS from Prudential Insurance. The issuer will then sell investors the Class A notes and the proceeds will be passed through to Prudential Financial. The underlying certificates are expected to generate sufficient cash flows to make the...