It’s now clear that states may provide a transitional license to an individual with a valid license from another state under the Secure and Fair Enforcement for Mortgage Licensing Act and Regulation H. However, they cannot provide a transitional license for a registered loan originator who leaves a federally regulated financial institution to act as a loan originator while pursuing a state license. The clarification came in the form of Consumer Financial Protection Bureau Bulletin 2012-05, issued a week and a half ago, in response to some inquiries...

A handful of mortgage lending-related trade groups joined together to express their strong support of the Consumer Financial Protection Bureau’s proposed rule to codify the legal protections for privileged information that CFPB-regulated financial institutions submit to the bureau. The proposal would make clear that an institution that submits privileged information to the CFPB does not waive any applicable privilege having to do with third parties. It also would make clear that the bureau’s transfer of privileged information to another federal or state agency does not result in a...

The Consumer Financial Protection Bureau must structure the definition of a “qualified mortgage” under its forthcoming ability-to-repay rule as a legal safe harbor with clear, well-defined standards if regulators want to make sure that qualified borrowers across the credit spectrum maintain access to affordable financing, representatives of the financial services, home building and real estate industries said. Writing to the CFPB late last week, a group of 23 trade associations said, “Structuring the QM as a safe harbor and focusing litigation and enforcement activity on...

An ad hoc coalition of mortgage lender trade group representatives rattled off a host of concerns it has with the draft proposals from the Consumer Financial Protection Bureau for an integrated mortgage disclosure under the Real Estate Settlement Procedures Act and the Truth in Lending Act. The short list of concerns includes the need for careful synchronization with other rulemaking efforts, especially those involving the “qualified mortgage” and “qualified residential mortgage” designations; the negative and unfair results of lowering cost tolerances; the unintended consequences of expanding...

MetLife, Inc. has announced that it is leaving the reverse mortgage business as part of a broader business plan to exit the mortgage market and focus strategically on global insurance and employee benefits. Nationstar Mortgage will purchase MetLife’s reverse mortgage servicing portfolio. MetLife Bank will no longer accept new reverse mortgage loan applications and registrations. MetLife’s entire retail banking business, including mortgages, accounted for less than 2.0 percent of the company’s 2011 operating earnings. Last year, the company decided to ...

Ally Financial has announced a plan to reduce its purchases of government-backed loans from brokers and correspondents and shift its government financing activity to retail and direct channels. The lender informed its partners of its plan to reduce its FHA and VA operations in the correspondent and wholesale broker channels effective April 16. However, Ally will continue its correspondent relationships with key customers. In 2011, like most lenders, Ally focused on the agency market, with conventional conforming mortgage loans comprising ...

Combined servicing volume for the top 50 Ginnie Mae MBS servicers jumped to $1.23 billion in the first quarter of 2012 from $1.11 billion during the same period a year ago – an 11.2 percent increase on a year-over-year basis, according to the Inside Mortgage Finance MBS Database. The quarterly change was a modest 1.7 percent increase from $1.21 billion in the fourth quarter of 2011, data showed. Wells Fargo and Bank of America accounted for 53.5 percent of total Ginnie Mae servicing in the first quarter, with $361.1 million and $302.1 million, respectively. Year-over-year, top-ranked Wells Fargo (29.1 percent market share) saw a ... (1 chart)

There is nothing in the FHA guidelines that would make a loan ineligible for FHA insurance if the property were located near high-voltage power lines, according to an agency official. Testifying during a recent congressional field hearing, Bobbi Borland, acting branch chief of the Department of Housing and Urban Development’s Santa Ana Homeownership Center, said FHA-insured mortgages are based on the property’s appraised value at the time of origination, as determined by an FHA-approved appraiser. “There is simply no easy way to identify whether ...

Implementing proposed legislation aimed at improving the safety and soundness of the FHA single-family program would cost taxpayers $11 million over a four-year period if the bill is enacted in late 2012 and the necessary amounts are appropriated each year, according to the Congressional Budget Office. In an analysis of H.R. 4264, the FHA Emergency Fiscal Solvency Act of 2012, the CBO estimated that $9 million would be spent on mandatory actuarial studies on the health of the FHA Mutual Mortgage Insurance Fund and $2 million for other costs over the 2013-2017 period. The legislation would not affect direct spending or revenues and, therefore ...

A national consumer advocacy group, whose own investigation of FHA credit overlays in 2010 triggered a federal probe of 19 FHA lenders, said it plans further undercover testing to ensure the unfair practices cease. The National Community Reinvestment Coalition said it is still waiting to hear from the Department of Housing and Urban Development about the results of the multiple investigations the group helped launch over a year ago in response to complaints about credit overlays. A HUD spokesman said the investigation is continuing and “nearing completion.” He did not say, however, why it was taking ...