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Nonbanks Face Pitfalls in CFPB Supervision

June 11, 2012
The Consumer Financial Protection Bureaufs recently proposed method of extending its supervisory powers to nonbank mortgage lenders it considers potentially risky seems fairly straightforward. But look closely and several potential sinkholes emerge for such lenders, one leading attorney serving the mortgage industry suggested. Despite its outward simplicity, the proposed process presents several potential pitfalls for nonbanks, according to Eric Mitzenmacher, an associate attorney in the Washington, DC, office of the K&L Gates law firm. To begin with, the bureau does not define griskh...
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Ability-to-Repay Comment Period Re-Opened

June 11, 2012
A continued outpouring of concerned industry commentary about the Consumer Financial Protection Bureau’s pending ability-to-repay rule has prompted the bureau to hit the reset button on the public comment period, giving the mortgage lending industry another opportunity to address some limited, specific issues before the rule becomes final. During a hearing in the Senate Banking, Housing and Urban Affairs Committee, Sen. Mike Crapo, R-ID, pressed his concerns about the rule with CFPB Director Richard Cordray and questioned him about the bureau’s intentions. “The housing credit market...
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Around the Industry

June 8, 2012
A proposal to replace the FHA’s current Tier Ranking System with a Servicer Performance Scorecard as a basis for determining servicer incentive payment is expected to be published in the Federal Register by the end of this month. In the previous issue of Inside FHA Lending (Volume 5, Issue 11, May 25), it was reported that a coalition of industry groups asked the FHA to adopt a private transfer fee rule in harmony with the final rule recently adopted by the Federal Housing Finance Agency. In a recent seller/servicer bulletin, Freddie Mac announced that, effective July 16, it will not purchase mortgages that are ...
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Wells Fargo, BofA Dominate FHA Servicing Market

June 8, 2012
FHA servicers held approximately 7.5 million loans as of April 30, with the top 50 servicers accounting for 97.2 percent, an Inside FHA Lending analysis of agency data showed. Wells Fargo and Bank of America together held an estimated 4.0 million loans for a whopping 54.3 percent of the market. An estimated 2.0 percent of FHA loans serviced by Wells were delinquent, while BofA reported 19.2 percent of its FHA portfolio delinquent. Wells had a foreclosure rate of 2.17 percent while BofA had a 2.51 percent rate. JPMorgan Chase had 658,966 FHA loans, 18.8 percent in various stages of delinquency, and a market share of ... [1 Chart]
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FHA Surge in 1Q12 Spills Over Into 2nd Quarter

June 8, 2012
The volume of new mortgages with FHA insurance jumped 25.1 percent in April from a year ago, continuing the heightened production pace in government lending seen during the first three months of 2012. Excluding Home Equity Conversion Mortgage originations, FHA lending in April improved not only on a year-over-year basis but also on a monthly basis. FHA lenders combined for $19.2 billion in new FHA endorsements for the month, up 8.2 percent from March and from $17.7 billion in April of last year, according to Inside FHA Lending’s analysis of FHA data. FHA’s April originations rode on a surge of government-insured lending in the first quarter of 2012, during which the ... [1 Chart]
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FHA, VA Loan Data Sought as Part of QM Analysis

June 8, 2012
The Consumer Financial Protection Bureau is seeking comment and information on mortgages not financed by Fannie Mae or Freddie Mac, including those insured and guaranteed by the federal government, as it reopened the public discussion for the proposed “ability to repay” rule. New data the Federal Housing Finance Agency provided to the CFPB after the close of the rulemaking’s comment period spurred the bureau to reopen the comment period until July 9, 2012. The new FHFA data track the performance of loans purchased or guaranteed by Fannie Mae and Freddie Mac from 1997 to 2011. The CFPB also has obtained data on ...
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CBO Says VA ARM Programs Cost Taxpayers $144M

June 8, 2012
Making the Department of Veterans Affairs’ adjustable-rate mortgage programs permanent would cost $144 million in new direct taxpayer subsidies over the next 10 years, according to Congressional Budget Office estimates. Based on the number of ARM and hybrid ARM loans the VA has guaranteed in recent years, CBO estimates that the VA would guarantee approximately $1.3 billion worth of additional loans annually over the next 10 years. Consequently, additional subsidy costs for those loans would increase direct spending by $52 million over 2012-2017 and $144 million over 2012-2022, the CBO said. Subsidy costs of those additional loan guarantees would be paid from a ...
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HUD Tweaks Program to Address REO Problem

June 8, 2012
The Department of Housing and Urban Development is expanding an existing FHA note sales program as an alternative strategy for disposing of foreclosure property from the department’s bulging real estate-owned inventory. HUD Secretary Shaun Donovan announced enhancements to the accelerated claims disposition (ACD) program, which was designed primarily for delinquent FHA loans, at the 2012 Clinton Global Initiative America Meeting held this week in Chicago. The event brings together government and private sector leaders to discuss ways to ...
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HUD Looks Into Foreclosure Data Anomaly

June 8, 2012
The Department of Housing and Urban Development and Lender Processing Services are trying to find out whose data on FHA foreclosure starts were flawed, leading to a dispute over a controversial LPS report. The April Mortgage Monitor report released by LPS shows that, while overall foreclosure starts fell 2.6 percent in April, FHA foreclosure starts jumped 73 percent to 60,000 during the month. LPS explained that the high default rate of FHA’s 2008-2009 books of business and high origination volume in those years drove the increase. Although all FHA vintages saw increases in foreclosure starts in April, those from 2009 onward have ...
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HUD/OIG Subpoenas Banks’ FHA Loan File

June 8, 2012
Three more FHA-approved lenders have found themselves under government scrutiny as the Department of Housing and Urban Development’s Office of the Inspector General broadened its investigation of potential abuses of the FHA single-family program. The OIG reportedly issued subpoenas to three large financial institutions last month to submit information on their FHA operations to determine whether the lenders followed HUD requirements when originating and underwriting FHA loans. The inspector general also would look to see whether quality control programs are ...
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