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Federal Roundup

December 19, 2011
Consumer Financial Protection Bureau. CFPB Now Accepting Mortgage Complaints. The Consumer Financial Protection Bureau began accepting mortgage complaints from consumers through its websitefs home page, as of Dec. 1, 2011. To file a complaint, a consumer has to describe what happened and what would be a fair resolution. The consumer is presented with a menu of options and has to specify the type of mortgage involved (conventional fixed-rate, FHA, etc.) as well as the part of the mortgage process involved that is the source of the complaint. Once the complaint is filed, the relevant company will be notified, and the consumer will be provided a tracking number.
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Worth Noting

December 19, 2011
There’s been a notable changing of the guard among attorneys in the mortgage banking practices at the law firms of Patton Boggs, Ballard Spahr and Dykema. Partners Richard Andreano, John Socknat and Michael Waldron and associate Reid Herlihy left Patton Boggs recently with upwards of 100 clients and signed on with the newly created Mortgage Banking Group at Ballard Spahr. The new unit is part of Ballard Spahr’s larger effort to build up its Washington, DC, office. Meanwhile, Dykema augmented its regulatory presence by bringing on board former Patton Boggs senior lawyers Heather Hutchings and Haydn Richards to its Financial Services Regulatory and Compliance practice.
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A Delicate Balancing Act for FHA in 2012

December 16, 2011
The FHA will continue to play a critical role in the nation’s housing markets in 2012 even as it tries to balance the need to extend credit while reducing its market share to open the way for private capital to return to the mortgage market, according to industry observers. That means walking a tightrope in trying to keep the Mutual Mortgage Insurance Fund actuarially sound while trying to avoid piling on more fees and additional restrictions, which could hamper housing recovery, observers said. “We can’t have an economic recovery without a housing recovery,” said Brian Chappelle, a mortgage industry consultant. “The philosophical debate about the role of government in housing should be ...
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House Subcommittee Approves Non-Agency MBS Legislation Aimed at Restoring Investor Confidence

December 16, 2011
Republican lawmakers in the House advanced an ambitious bill to create a regulatory framework for non-agency mortgage securitization over its first legislative hurdle this week, although they failed to gain much Democratic support and the future for mortgage reform legislation in the Senate remains highly uncertain. The House Financial Services Subcommittee on Capital Markets and the Government Sponsored Enterprises approved draft legislation, the Private Mortgage Market Investment Act, introduced by its chairman, Rep. Scott Garrett, R-NJ. The amended legislation, which...
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DTCC Seeks SEC Nod to Offer Counterparty, Additional Pool Netting Services for MBS Deals

December 16, 2011
The Fixed Income Clearing Corp., a subsidiary of the Depository Trust & Clearing Corp., has filed an application with the Securities and Exchange Commission to provide central counterparty (CCP) and pool netting services for MBS transactions. According to the filing, the CCP and new pool netting services would be available through the FICC’s MBS Division. Through its subsidiaries, the DTCC provides clearing, settlement and information services for equities, corporate and municipal bonds, government and private MBS, money market instruments and over-the-counter derivatives. The DTCC...
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MBS Supply Continued Dwindling In September, Hit 4-Year Low

December 16, 2011
The supply of outstanding single-family MBS in the market fell 0.6 percent during the third quarter of 2011, according to a new analysis by Inside MBS & ABS. There was a total of $6.544 trillion of single-family MBS outstanding at the end of September, the lowest level since the third quarter of 2007. Although MBS supplies have been declining steadily over the past four years, securitized loans actually represent a historically high 63.3 percent of total home loan debt outstanding as of the end of the third quarter. The steepest decline is in non-agency MBS, a...(Includes one data chart)
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Market Experts See Private Sector Lacking Ability to Take Over for Fannie and Freddie

December 16, 2011
Market experts and participants are uncertain as to just how capable the private sector is to step in and replace Fannie Mae and Freddie Mac, as legislative initiatives to deal with the government-sponsored enterprises and reform the non-agency MBS market gain some momentum in Congress. “I think the problem so far has been the fear that the flow of credit would dry up if we try to extract the government from the mortgage finance system. With $5 trillion in GSE/agency debt out there, it’s a compelling fear,” said Ralph Daloisio, a managing director of the New York-based structured finance group of...
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Will GSE Regulator Give Ground on Principal Reductions For Fannie Mae and Freddie Mac Distressed Mortgages?

December 16, 2011
While Federal Housing Finance Agency Acting Director Edward DeMarco has been steadfast in his refusal to consider principal reductions for Fannie Mae and Freddie Mac loans, there are indications he may allow a new principal paydown proposal. Many consumer protection groups and regulators argue that principal reductions will protect, instead of degrade, taxpayers’ investment in the government-sponsored enterprises. Principal reduction can help revive a housing market that continues to be stressed by declining house prices and weak economic fundamentals, they say. Principal reductions have taken...
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Banks Said to Be Seeking Clarifications, Possibly More Changes to Fannie/Freddie HARP Program

December 16, 2011
Bank of America and other large mortgage servicers are seeking a meeting with the Federal Housing Finance Agency to address concerns about the latest version of the Home Affordable Refinance Program for underwater Fannie Mae and Freddie Mac borrowers. Since HARP was first launched in 2009, it has failed to meet expectations. The government quickly expanded the program to include loans with current loan-to-value ratios of up to 125 percent, which accounted for a very small share of business. Under HARP 2.0, which went into effect this month but won’t be fully up to speed until the second quarter of...
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GSE Reform, a Necessity for Reviving the Non-Agency Market, Is Unlikely in 2012

December 16, 2011
Reform of the government-sponsored enterprises is seen as an essential step toward the widespread resumption of non-agency securitization. However, industry analysts suggest that significant action on GSE reform will not begin until after the November 2012 elections. “We are still nowhere close to any legislation that has a realistic possibility of even being enacted,” said Lawrence White, a professor of economics at New York University, at a seminar this week hosted by the American Securitization Forum. “The can will continue to get kicked down the road until after November 2012.” ...
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