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Merits of Dodd-Frank for Investor Protection Debated, But Lack of SEC Funds Could Underscore Everything

July 15, 2011
Witnesses testifying before the Senate Banking, Housing and Urban Affairs Committee this week had diverse opinions about the effectiveness of the Dodd-Frank Act to protect investors, but one thing was clear: without the money, the Securities and Exchange Commission will never be able to get anything done. Republicans and Democrats in the committee were not-so-surprisingly at odds over the now one-year-old law. Sen. Tim Johnson, D-SD, urged members of the committee and the witnesses present to “give these provisions a chance to work.” Meanwhile, Sen. Richard Shelby, R-AL, argued that Dodd-Frank “has not ...
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MBS Analysts See Little Gain in Proposal To Turbo Charge GSE Refinance Program

July 15, 2011
Proponents of an expanded program to refinance underwater Fannie Mae and Freddie Mac mortgages may find a sympathetic ear at the White House, which has talked recently of re-focusing on the struggling housing market, but MBS analysts don’t think the proposal would have a huge impact. Sen. Barbara Boxer, D-CA, early this year introduced the Helping Responsible Homeowners Act, which would require the government-sponsored enterprises to go beyond the limits of the existing Home Affordable Refinance Program, which was implemented administratively. Loans refinanced under the Boxer program could not be ...
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Agency MBS Production Faded in 2Q11, But REMIC Issuance Edged Higher

July 15, 2011
Most of the top mortgage originators of agency-eligible home loans posted significant declines in MBS issuance during the second quarter, but a handful of firms bucked the current, according to a new ranking and analysis based on the Inside Mortgage Finance MBS Database. Overall agency MBS production declined 33.8 percent from the first quarter to the second, hitting its lowest three-month volume since the end of 2008. Through the midway point in 2011, single-family mortgage securitization by Fannie Mae, Freddie Mac and Ginnie Mae was off ... [includes two data charts]
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Fed Reserve Efforts to Educate About Loan Originator Compensation Rules Are Bunk, Some Experts Complain

July 14, 2011
Experts sharply disagreed on the Federal Reserve Board’s controversial new rules on loan officer compensation during a hearing this week in the House Financial Services Committee, with some claiming it is a confused mess and others saying it’s a shield for low-income and minority borrowers. Marc Savitt, president of the Mortgage Center and testifying on behalf of the National Association of Independent Housing, said the rule caused massive job loss among small mortgage businesses and fewer consumer loan options. “As an active participant in meetings with the FRB during the comment period, it was evident the FRB was unwilling to...
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Credit Unions Holding Their Own in Increasingly Competitive 2011 Residential Mortgage Market

July 14, 2011
Credit unions posted a significant increase in mortgage production volume during the first quarter of 2011, compared to the same period last year, but the industry has not yet broken through to a broader role in the market. Federally insured credit unions originated $21.5 billion in home mortgages during the first three months of the year, up 16.6 percent from a year ago, according to data from the National Credit Union Administration. But that was down 35.7 percent from the $33.5 billion that credit unions originated in the fourth quarter of 2010. The credit union share of the total mortgage market held steady at 6.6 percent of total... [Includes two data charts]
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HUD, Fannie Mae Step Up Temporary Aid to Unemployed Homeowners Through Longer Special Forbearance Periods

July 14, 2011
The Obama administration and Fannie Mae are requiring mortgage servicers to participate in special foreclosure prevention programs that extend forbearance periods for unemployed homeowners from 12 to 24 months to help them avoid foreclosure while seeking re-employment. The current unemployment forbearance programs have mandatory periods that are inadequate for most unemployed borrowers, said Department of Housing and Urban Development Secretary Shaun Donovan. The FHA will extend the forbearance period for unemployed homeowners to 12 months. Servicers participating in the Making Home Affordable Program may also be directed to extend the minimum forbearance period to...
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Newest ‘Comprehensive’ Fannie, Freddie Reform Bill Prompts Bipartisan Protest Against GOP GSE Measures

July 14, 2011
A new bipartisan bill introduced last week that would replace the government-sponsored enterprises Fannie Mae and Freddie Mac with a single, government-owned entity designed to issue and guarantee mortgage-backed securities demonstrates the lack of political consensus – within the Republican party and Congress in general – about how to deal with the GSE problem. The new bill, H.R. 2413, the Secondary Market Facility for Residential Mortgages Act of 2011, would effectively merge Fannie and Freddie into a single government-backed entity that would issue and guarantee MBS. The MBS would have an explicit government guarantee paid for by...
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Fannie, Freddie Continue Taking a Beating From MBS Guarantees on High-Risk Mortgages in First Quarter

July 14, 2011
High-risk mortgages securitized by Fannie Mae and Freddie Mac continued to drag down earnings for the government-sponsored enterprises in the first quarter of 2011, forcing the two GSEs to go deeper into debt to the federal government. Fannie and Freddie lost a combined $13.0 billion on their mortgage-backed security guarantee programs during the first quarter, a significant deterioration from the $6.6 billion the GSEs lost during the previous quarter, according to the Federal Housing Finance Agency’s latest conservatorship report. Since the beginning of 2008 through the first quarter of 2011, Fannie and Freddie have burned through...
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Regulators Remain Focused on Industry Foreclosure Management Practices

July 14, 2011
The nation’s top mortgage servicers had to submit remedial plans for their foreclosure practices this week as part of their consent agreements with federal banking regulators, after having been granted an extension from the original submission timeline. Some servicers told Inside Mortgage Finance their plans are confidential and couldn’t be released to the public. An official at the Office of the Comptroller of the Currency said there are no plans for the agency to release those plans or to summarize their contents. The affected servicers are...
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Regulatory Agenda Includes New Proposed Rule to Synch Standards on Disparate Impact, Fair Housing

July 14, 2011
The Department of Housing and Urban Development is working on a proposed regulation that seeks to harmonize existing standards for determining when a housing practice with a discriminatory impact violates the Fair Housing Act. The proposed rule would cover the liability standards in instances in which a racially neutral housing practice has a discriminatory effect. The disparate impact theory has been used in fair housing cases to allege discriminatory activity when the terms of a business policy are neutral toward protected classes but the policy is shown to have greater impact on minorities or other protected groups. There has been debate over...
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