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Industry Groups Raise Concerns About Timing of Key Mortgage Regulations

February 2, 2012
The six federal agencies that have to respond to massive protests over a proposed qualified residential mortgage definition have offered little guidance on their next step, one that industry groups say is critical given its interaction with a separate rule that sets standards for qualified mortgages that show the borrower has the ability to repay a loan. “We will probably see a QM rule before a QRM rule,” said Joseph Pigg, senior counsel at the American Bankers Association. “Getting six regulatory agencies to agree will make QRM a longer process,” he noted. The QM/ability-to-repay rule is under...
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BofA Restructuring Helps Make Wells Fargo Top Mortgage Servicer at the End of 2011

February 2, 2012
Wells Fargo reclaimed the top ranking in residential mortgage servicing at the end of 2011, a position that the firm last held back in 2006. A new Inside Mortgage Finance ranking and analysis shows that Wells continued to build its mortgage servicing portfolio through robust loan origination activity, but it wasn’t easy. Wells originated $120.5 billion in new loans during the fourth quarter, but managed to increase its servicing portfolio by just $7.5 billion, a 0.4 percent increase. That relatively small increase was enough to move well ahead of Bank of America, which reported a huge $165.8 billion net...
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Fannie and Freddie May Spurn Enhanced Incentives To Reduce Principal in Latest HAMP Upgrade

February 2, 2012
A new Treasury announcement sweetens the deal for Fannie Mae and Freddie Mac to allow principal forgiveness in loan modifications, but it’s not clear whether the government-sponsored enterprises, and their regulator, will abandon their opposition to writedowns. New changes in the Home Affordable Modification Program raise the maximum incentives for principal reduction from the current range – 6 percent to 18 percent of the amount forgiven – to a range of 21 percent to 63 percent. The Treasury Department said it would, for the first time, pay these incentives to the GSEs if they agree to write down the...
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House GOP Bill Would Mandate Fair-Value Federal Budget Accounting to Fannie, Freddie Mortgage Market

February 2, 2012
Fannie Mae and Freddie Mac would be brought “on budget” by adding the two government-sponsored enterprises’ outstanding obligations to the federal deficit, while also mandating the use of “fair value” accounting for the FHA to take into account risk as well as borrowing costs, under legislation sponsored by a high-ranking House Republican. Last week, the House Budget Committee passed H.R. 3581, the Budget and Accounting Transparency Act of 2012, introduced by Rep. Scott Garrett, R-NJ, as part of a comprehensive package of 10 reform bills by House GOP members who are pushing to enforce spending...
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States Get a Weekend to Ponder $25 Billion Settlement Over Robosigning Controversy

February 2, 2012
The deadline for the state attorneys general to determine whether they will join the multistate settlement of mortgage foreclosure and servicing practices has been extended from Feb. 3 to Feb. 6. While some AGs have definitively stated whether they are in or not, Nevada’s Catherine Cortez Masto and others are still seeking more information about the settlement terms. For a settlement that’s taken more than 15 months to negotiate, few are surprised the deadline has been pushed back. If anything, the mere three-day delay is welcome news for observers used to more than a year of back and forth. The new...
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Mortgage Lending Trade Groups Ask HUD to Delay Fair Lending Proposed Rule Before Supreme Court Hearing

February 2, 2012
A group of six real estate finance trade organizations has called upon the Department of Housing and Urban Development to hold off on implementing a proposed rule on the “discriminatory effects standard” of the Fair Housing Act until the U.S. Supreme Court can weigh in on the issue this spring. The American Bankers Association, American Financial Services Association, Consumer Bankers Association, Consumer Mortgage Coalition, Independent Community Bankers of America and Mortgage Bankers Association asked HUD to postpone its rulemaking process to establish uniform standards for discrimination under the...
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Home-Equity Lenders Need to Be Vigilant In Assessing Risk, Making Loss Reserves

February 2, 2012
Federal banking regulators this week reminded banks and thrifts to pay close attention to how they monitor risks and calculate loss reserves in their home-equity loan business. An interagency supervisory memo sent this week does not change the regulators’ policy on allowance for loan and lease losses for closed-end second mortgages and home-equity lines of credit, but it urges lenders to “monitor all credit quality indicators” relevant to junior liens. Although many observers have raised concerns about the risk of second mortgages, delinquency rates on loans held by banks, thrifts and credit unions have been lower...
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ASF Looks Beyond U.S. Borders as Markets Converge, Regulatory Issues Become Global

January 27, 2012
MBS and ABS markets in the U.S. are increasingly being shaped by global forces, from the impact of the European debt crisis to the worldwide adoption of new international regulatory standards and the surge in Euro securitizations that’s taking up some of the slack from the depressed U.S. non-agency MBS sector. There was an unmistakable international flavor to the ASF 2012 conference sponsored by the American Securitization Forum in Las Vegas this week. A significant number of the more than 5,000 attendees – an ASF record – came from outside the U.S., and numerous panels were devoted to global issues...
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Regulators Still Buried Under Avalanche of Comments On Risk Retention, Provide Little Guidance on Direction

January 27, 2012
Government regulators continue to wrestle with the controversial risk-retention rule mandated by the Dodd-Frank Act that is widely seen as one key to the prospects for reviving the non-agency MBS market. Officials from one of the agencies involved in the rulemaking told attendees at this week’s annual meeting of the American Securitization Forum that regulators are still studying the landslide of comment letters that came in response to a proposed rule published in April 2011. The extended comment period closed in August. “It is in the nature of the rulemaking process that an advanced notice of proposed...
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ASF Conferees Weigh Prospects for Housing, Rebound, Less Agency Mortgage Dominance

January 27, 2012
The U.S. residential housing market used to provide the lion’s share of business for non-agency asset securitization, but experts at this week’s American Securitization Forum say it will take years for the sorely damaged housing market to recover and the nationalized mortgage finance system to be overhauled. Supply and demand fundamentals in the housing market are severely broken, said Laurie Goodman, senior managing director at Amherst Securities Group. There are some 2.9 million borrowers in foreclosure or more than 12 months delinquent, plus another 400,000 units of real estate-owned properties. With...
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