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News Briefs

January 29, 2016
A&D Mortgage recently started offering non-qualified mortgages on a wholesale basis via mortgage brokers. The lender, whose originations are focused in southern Florida, noted that its underwriting for the loans includes “limited income and asset documentation” including options for stated income and stated assets. A&D offers non-QMs aimed at investors and foreign nationals. The lender said the loans are typically for non-owner-occupied ... [Includes four briefs]
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Ocwen Settles With SEC, Donates to Milwaukee

January 29, 2016
The Securities and Exchange Commission announced on Wednesday that Ocwen Financial agreed to a $2.0 million settlement. The agreement covers misstatements of financial results due to a “flawed” methodology to value mortgage servicing rights and conflict-of-interest issues involving William Erbey, the former executive chairman of Ocwen. “Ocwen released inaccurate financial statements because its internal controls were inadequate and its audit committee failed to scrutinize ...
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Impac Works to Increase Non-QM Originations

January 29, 2016
Officials at Impac Mortgage Holdings said originations of non-qualified mortgages are a “primary focus” for the lender this year. Impac has been one of the most prominent non-QM lenders, but production remains relatively low. Impac originated $48.0 million in non-QMs in the third quarter of 2015, the most recent figures available. The lender refers to these originations as AltQM products. Impac focused its early non-QM efforts in the wholesale channel and started offering non-QMs via ...
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FHFA Decision on FHLBanks and Captive Insurers Seen as a Blow to Non-QM Funding

January 29, 2016
The Federal Housing Finance Agency’s recent final rule limiting membership in the Federal Home Loan Bank system will reduce funding for originations of non-qualified mortgages and other non-agency activity, according to industry analysts. In recent years, many real estate investment trusts gained access to FHLBank advances via captive insurance companies. A final rule from the FHFA this month closed that so-called loophole, with the regulator claiming that Congress didn’t ...
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What We’re Hearing: Oh, and Here’s a New Fee / Losing Money on Loans Because of TRID? / Too Embarrassed to Give TRID Results? / What Would Ed DeMarco Say Now? / Phoenix Out with New MSR Deal / Promotions at Stonegate

January 29, 2016
Paul Muolo
90 cents on the dollar for a mortgage with TRID errors? That can't be welcome news...
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Do GSE Plaintiffs Have a Shot in State Court Regarding the Earnings ‘Sweep’?

January 29, 2016
Carisa Chappell
The plaintiffs argue that state law prohibits the preferred stock of a corporation from getting a cumulative dividend right equal to all of a company's net worth...
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‘Captives’ Contemplate a Way to Stay in the FHLB System: Legislation or Lawsuit?

January 29, 2016
Carisa Chappell
REITs have enjoyed this financial advantage so much that it’s unlikely they will fold on the issue without some type of battle.
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GSE Nonperforming Loan Auctions Off to Record Start in 2016, Debate on HUD Sales Continues

January 29, 2016
Fannie Mae and Freddie Mac plan to ramp up their bulk sales of nonperforming loans in 2016 with the two government-sponsored enterprises ushering in the year by going to market with nearly $3 billion in NPL offerings in January. Freddie’s first NPL auction of the year was its largest so far, totaling $1.6 billion in unpaid principal balance and marketed in seven pools. The NPLs are serviced...
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Fitch Revises MBS Rating Criteria, Allowing For Differentiation in Due Diligence Based on Asset Types

January 29, 2016
Fitch Ratings will allow for differences in third-party due diligence practices when rating various types of residential MBS, granting concessions to risk-sharing transactions from the government-sponsored enterprises. The firm released revised master-rating criteria late last week. Among the changes compared with criteria that were released in October was an allowance for differences among non-agency MBS backed by recent originations, transactions related to the GSEs and non-agency MBS backed by seasoned loans. While most jumbo MBS issued in recent years have included third-party due diligence reviews of 100 percent of the loans in a deal, the GSEs’ much larger risk-sharing transactions have been...
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GSE Shareholders Argue Treasury Sweep Illegal, Look to Higher Courts for Clarity on State Law

January 29, 2016
Investors in Fannie Mae and Freddie Mac stock haven’t had a lot of success challenging the federal government’s quarterly earnings sweep at the two government-sponsored enterprises, but they’re looking for better results in the two states where the GSEs are chartered. The plaintiffs, David Jacobs and Gary Hindes on behalf of themselves and other shareholders, said state law prohibits the preferred stock of a corporation from getting a cumulative dividend right equal to all the net worth of the corporation. Their lawsuit is pending in the state supreme courts of Delaware, where Fannie is chartered, and Virginia, Freddie’s corporate domicile. The filing pointed...
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