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CFPB Launches 8th Round of RESPA/TILA Disclosure Prototypes

February 6, 2012
The Consumer Financial Protection Bureau has released for public comment the eighth iteration of its consumer mortgage disclosure prototype forms, dubbed “hemlock” and “butternut,” specifically asking for input as to how the prototypes work with the CFPB’s current application disclosure prototype. “These prototypes use a format for closing costs that’s similar to the format on the initial disclosure to enable the two forms to work well together,” the CFPB said. “Consumers should be able to see if their final loan terms and costs are different from the numbers they were originally offered ...
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State AGs Face Deadline Today in Foreclosure Settlement Talks

February 6, 2012
State attorneys general reportedly have until today to agree to a potential $25 billion settlement with big mortgage lender/servicers – namely Ally Financial, Bank of America, Citigroup, JPMorgan Chase and Wells Fargo. Under the latest iteration being voted on, about $17 billion of that amount would consist of penalties paid by the banks, which would be used for principal reductions. Another $5 billion would go toward a reserve account that would be used to pay $1,800 checks to homeowners affected by deceptive foreclosure practices, with $2 billion to $3 billion to go toward helping ...
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CFPB Issues Incomplete Agenda That Excludes Expanded Powers

February 6, 2012
Days after Consumer Financial Protection Bureau chief Richard Cordray appeared reluctant to commit to publishing a formal regulatory agenda before a key House committee, the bureau turned around last week and quietly issued just such a document, albeit an iteration that did not list key projects under the CFPB’s newly expanded powers it acquired with an appointed director. That suggests the agenda was put together prior to Cordray’s recess appointment and perhaps without his awareness, some observers suggest; otherwise, surely he would have mentioned it when he was ...
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NY AG Sues Lenders Over Use of MERS

February 6, 2012
New York Attorney General Eric Schneiderman filed a lawsuit late last week against Bank of America, JPMorgan Chase and Wells Fargo, claiming that their use of MERSCorp’s Mortgage Electronic Registry System resulted in a wide range of deceptive and fraudulent foreclosure filings in New York state and federal courts, harming homeowners and undermining the integrity of the judicial foreclosure process. Among its specific accusations, the NY AG’s office says that, out of the 13,000-plus foreclosure actions against New York homeowners in which MERS listed itself as the plaintiff, “in many ...
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Uncertainty Remains for QM Legal Protection

February 6, 2012
Consumer Financial Protection Bureau Director Richard Cordray gave no indication which way his agency may be leaning in terms of the kind of legal protection the CFPB may provide related to “qualified mortgages” and lender liability when the agency releases its ability-to-repay final rule under the Truth in Lending Act later this year. Appearing before the Senate Banking, Housing and Urban Affairs Committee last week, Cordray said, “One of the things we’ve heard most about from institutions is they would like to see this rule – whatever the criteria are – that there be some sort of safe ...
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MI Companies Granted New Capital Waivers

February 3, 2012
Mortgage Guaranty Insurance Corp. announced a new two-year waiver from regulatory capital requirements from the Office of the Insurance Commissioner for the State of Wisconsin, which would allow it to write new business through Dec. 31, 2013. Approved on Jan. 23, the waiver came after the previous waiver expired at the end of last year. As did the prior order, the new waiver allows MGIC to write new business as long as it maintains a level of capital sufficient to keep the company afloat. The new waiver required MGIC to contribute $200 million to MGIC Indemnity Corp. (MIC), a direct subsidiary of MGIC, by Jan. 31 as part of a ...
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Ginnie Mae to Assign New MBS Pool Codes

February 3, 2012
Beginning this month, Ginnie Mae will start assigning alphanumeric IDs for mortgage-backed securities pools because it may soon run out of available pool numbers. In a recent alert to issuers, Ginnie Mae said alphanumeric pool numbers will be assigned first to fixed-rate types. However, issuers must make sure they have used up all their assigned pool numbers before asking for the new letter/number codes. Ginnie Mae advised issuers in 2009 to have their systems ready to accept alphanumeric IDs by March 2010. Meanwhile, MountainView Servicing Group has announced its offering of ...
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VA Loan Originations End 2011 On a High Note

February 3, 2012
Veterans took advantage of their home loan benefit in record numbers, as loans originated under the Department of Veterans Affairs’ home loan guaranty program reached their highest total in eight years, according to the agency. The VA reported 357,594 mortgage loans with an agency guarantee in 2011, an increase of nearly 14.0 percent over last year. There are currently more than 1.5 million active VA home loans, the agency said. VA-backed home loans also showed the lowest serious delinquency and foreclosure rates in the mortgage industry, the agency noted. It cited the Mortgage Bankers Association’s National Delinquency Survey for 3Q11 showing ... [including one chart]
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FHA Volume Up in December, Down in 2011

February 3, 2012
December was a productive month for FHA as the percentage of endorsements, fueled by strong refinance activity, rose 6.3 percent from the previous month, according to Inside FHA Lending’s analysis of agency data. However, 2011 overall was not as generous. Refinance transactions totaled 30,515 for the month, up 15.1 percent from November, with borrowers’ FICO scores averaging in the 703-706 range. Streamline refis were up 20.2 percent and conventional-to-FHA refis also increased 11.5 percent over the same period. Total cash-out refis, likewise, bumped up 7.7 percent on a monthly basis. In the advent of President Obama’s latest refinancing proposal ...
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NAR Calls for Investor Participation in Home Rehab Program

February 3, 2012
The National Association of Realtors recently asked the Department of Housing and Urban Development to allow investors to participate in the FHA’s property rehabilitation program. The FHA’s 203(k) Rehabilitation Mortgage Insurance Program allows homebuyers to take out a mortgage to purchase a house, including the cost of its rehabilitation. The program also allows the current owners to finance the rehabilitation of their own homes. Currently, investors and cooperative units are barred from using the 203(k) programs. Individual condominium units may be insured if ...
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