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Pressure Grows on Federal Regulators To Ease Up on Tough QRM Standard

June 2, 2011
Federal regulators are hearing it from all corners as industry groups are joining step with consumer advocates and lawmakers on Capitol Hill urging the agencies to write a less restrictive definition of qualified residential mortgages. A letter from a bipartisan group of U.S. senators said the proposed risk-retention rule drafted by federal regulators earlier this year goes beyond the intent of Congress in prescribing a narrow defini-tion of QRM loans which could be securitized without forcing the issuer to retain a 5 percent interest in the transaction. “These restrictions unduly narrow...
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BofA, Saxon Settlements Likely to Serve as Models In Foreclosure Disputes with U.S. Military Personnel

June 2, 2011
Bank of America and Saxon Mortgage Services last week agreed to separate settlements with the Department of Justice over allegations the firms wrongfully foreclosed on active-duty members of the U.S. military in violation of the Servicemembers Civil Relief Act of 2003.The federal government wants the settlements to function as a compliance model for other servicers addressing foreclosure-related issues involving borrowers actively serving in the military.BAC Home Loans Servicing LP, the former Countrywide Home Loans Servicing LP, agreed to pay $20 million to resolve...
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Numerous Audits and Investigations in the Works At the FHFA Inspector General, More Planned

June 2, 2011
The Office of the Inspector General of the Federal Housing Finance Agency says it has numerous audits and investigations in the works as part of its plan to evaluate and, if necessary, correct the performance of the FHFA and the government-sponsored enterprises it regulates.Last week, the FHFA-OIG released two separate but related reports – OIG’s Inaugural Semiannual Report to Congress and its Audit and Evaluation Plan. The former mainly outlined the new agency’s operations from its activation in October 2010 through March of this year, while the latter explained...
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Republican Proposal to Lower High-Cost Loan Limit Will Curtail Availability of FHA Loans, Eliminate FHA ‘Floor’

June 2, 2011
There would be fewer FHA-insured mortgage loans originated in more than 20 percent of U.S. counties if the current FHA loan limits were allowed to revert to limits set by the Housing and Eco-nomic Recovery Act, the Department of Housing and Urban Development warned. Evaluating FHA-insured mortgage loans originated in 2010 and 2011 to date that had loan sizes exceeding the HERA limits, HUD found that approximately $14.2 billion, or about 6 percent, would not have been endorsed had HERA restrictions been in place at the time. While 669 counties would likely...
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Congressional GOP Outflanks Obama on Warren Appointment with Tactic Used by Democrats

June 2, 2011
Congressional Republicans have at least temporarily prevented the Obama administration from appointing Elizabeth Warren as the first director of the Consumer Financial Protection Bureau. There was speculation that the White House would use the recess scheduled for the Senate this week to appoint Warren to lead the CFPB, an agency she helped design. Last week, 20 Senate Republicans wrote House Speaker John Boehner, R-OH, urging him not to pass the Senate’s adjournment resolution, keeping the Senate at least nominally in session and preventing Pres. Obama from making any recess appointments. In 2007, Democrats in the Senate used...
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Refinance Continues to Dominate Mortgage Market, But ‘Cash-In’ Trend May Be Slowing

June 2, 2011
The volume of refinance originations may have dropped significantly during the first quarter of 2011, but refi transactions continued to account for a historically high share of new business, according to a new ranking and analysis by Inside Mortgage Finance. Lenders originated an estimated $235 billion in refinance loans during the first three months of this year, which represented 72.3 percent of all single-family mortgage production. That was one of the highest quarterly refi market shares ever, ranking behind the fourth quarter of 2010 and the first two quarters of 2009. Refi production volume was down 40.1 percent from the end of 2010, however... [Includes two data charts]
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Lower GSE Loan Limit to Up Private Mortgages

May 27, 2011
Lawmakers should permit the planned lowering of the Fannie Mae, Freddie Mac and Federal Housing Administration loan limit from the current maximum $729,750 to $625,500 as scheduled in October in order to stimulate the private mortgage market, according to the head of California-based Redwood Trust. Redwood President Martin Hughes told members of the Senate Banking Committee’s Subcommittee on Securities, Insurance and Investment last week that “the pervasive below-market government financing in the residential mortgage sector” is…
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Trades: Use the Best Parts of GSEs for Reform

May 27, 2011
During testimony this week before the Senate Banking, Housing and Urban Affairs Committee, housing trade association representatives warned lawmakers that the current efforts to wind down Fannie Mae and Freddie Mac must not disrupt the already fragile housing and secondary mortgage markets. National Association of Home Builders First Vice Chairman Barry Rutenberg told Senators that Fannie and Freddie should neither be converted to government agencies nor should their functions be completely turned over to the private market. Instead. NAHB supports making major changes in the structure and operations of the secondary mortgage market not unlike...
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Proposed Swap Rule Unclear if It Applies to GSEs

May 27, 2011
While federal agencies gather comments on a proposed rule to establish margin and capital requirements for various swap entities, experts say it’s not altogether clear how the proposed rule would apply to the GSEs. Final comments are due June 24 on a rule proposed by five federal agencies that would require swap entities regulated by the agencies to collect minimum amounts of initial margin and variation margin from counterparties to non-cleared swaps and non-cleared security-based swaps. The five agencies that issued the proposed rule last month are the Federal Reserve, the Farm Credit Administration, the Federal Deposit Insurance Corp...
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FHFA Inserts Itself in Fannie Firing Lawsuit

May 27, 2011
The Federal Housing Finance Agency has gone to court in order to deal itself into a wrongful termination suit filed last year by a former Fannie Mae executive against the GSE. According to papers filed in the U.S. District Court for the District of Columbia, the FHFA sought a temporary stay of the lawsuit, citing its authority as Fannie’s conservator under the Housing and Economic Recovery Act of 2008. “The conservator’s participation will aid the parties and the court in resolving the issues presented in this action, including the issue of Fannie Mae’s status vis-à-vis the federal government as it relates to the plaintiff’s claims,” said the Finance Agency in...
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