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Short Takes: Green Tree-EverBank MSR Deal Closes / New STACR Offering From Freddie / Cole Taylor Mortgage Sale Keeps on Ticking / Light Trades in HELOC Secondary / Former HUD IG Lands at Mortgage Vendor

March 31, 2014
Brandon Ivey and Paul Muolo
Whatever happened to the sale of Cole Taylor Mortgage, which has been in the works for nine months or so? Good question. When we asked one source close to the deal, his response was this: “Think of the Energizer Bunny but with fairly old batteries.
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Smaller Lenders Swearing Off Non-QM Lending, CFPB Officials Told

March 31, 2014
Small community bankers told CFPB officials many of their colleagues are wary of making mortgages that fall outside the parameters of the qualified mortgage definition or are exiting the mortgage business entirely. Addressing two top regulators from the CFPB during the tail end of a session at the American Bankers Association’s government relations conference in Washington, DC, last week, one community banker from Oklahoma reported survey findings that one third of respondents in the state are no longer offering residential mortgages.
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HMDA Final Rule Proceeding But Will Not Be Out This Year

March 31, 2014
The CFPB is continuing its work to develop a final rulemaking to add certain data elements to the Home Mortgage Disclosure Act reporting requirements. However, a final rule will not come out this year, a top bureau official told industry representatives last week. Speaking at the American Bankers Association’s government relations conference in Washington, DC, last week, Kathleen Ryan, deputy assistant director in the bureau’s Office of Regulations, reminded attendees that Dodd-Frank required the CFPB to add…
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‘Zombie’ Foreclosures on Radar of CFPB, NY AG Schneiderman

March 31, 2014
The CFPB is beginning to look into abandoned properties and the phenomenon known as “zombie” foreclosures, a top bureau official indicated recently. “The term zombie foreclosure refers to a situation in which a borrower has moved out of a home after the lender has started a foreclosure,” according to attorney Michael Waldron, a partner and practice leader of the mortgage banking unit at Ballard Spahr. However, “because the lender did not complete the foreclosure, title was never officially transferred and remains with the borrower, who may be unaware that the foreclosure was never completed.”
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House Republicans Slam CFPB Over Advisory Council Secrecy

March 31, 2014
House Republicans have found – or been given – yet another axe to grind against the CFPB: the confidentiality or downright secrecy associated with the bureau’s advisory council meetings. Currently, the CFPB has four such groups: the Community Bank Advisory Council, the Credit Union Advisory Council, the Academic Research Council and the Consumer Advisory Board. The groups are made up of industry representatives, consumer activists and academics.
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A Quarter of New Purchase Mortgages Exceed QM DTI Ratio

March 31, 2014
Nearly a quarter (24 percent) of all purchase loans funded by Fannie Mae and Freddie Mac have a debt-to-income ratio greater than the qualified mortgage limit of 43 percent, according to the February 2014 National Mortgage Risk Index released by the conservative American Enterprise Institute’s International Center on Housing Risk. Researchers found no discernible impact on the purchase loan market from the CFPB’s QM regulation.“In February, half of agency loans had a down payment of 5 percent or less, nearly one-in-four agency loans had a DTI ratio greater than 43 percent, and one-in-eight agency loans had a FICO score of less than 660,” the AEI said.
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CFPB, Other Feds Propose Rule on Minimum Requirements for AMCs

March 31, 2014
The CFPB and five other federal financial regulators issued a proposed rule last week that would implement minimum requirements for state registration and supervision of appraisal management companies. The minimum requirements would apply to states that voluntarily elect to establish an appraiser certifying and licensing agency with the authority to register and supervise AMCs. Under the proposed rule, participating states would require that an AMC register in the state and be subject to its supervision, and use only state-certified or licensed appraisers for federally related transactions, such as real estate-related financial transactions overseen by a federal financial institution regulatory agency that require appraiser services.
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Banks Bolstering Portfolios with New Originations

March 28, 2014
Some banks and thrifts have been able to originate enough new mortgages to replace runoff from their portfolios, but the industry’s retained holdings of first-lien mortgages continued to decline in the fourth quarter of 2013, according to a new ranking and analysis by Inside Nonconforming Markets. Banks and thrifts held a total of $1.74 trillion in first-lien mortgages as of the end of 2013, down only 3.0 percent compared with the end of 2012 ... [Includes one data chart]
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Little Support for Reducing GSEs’ Loan Limits, Housing Market Seen as Too ‘Fragile’

March 28, 2014
Lowering Fannie Mae and Freddie Mac loan limits is one of the easiest levers the federal government could pull to increase non-agency participation in the mortgage market but most market participants favor keeping them at their current levels. In December, the Federal Housing Finance Agency announced that it was considering reducing the loan “purchase limits” for the government-sponsored enterprises. Under the plan, the GSEs could not purchase loans exceeding ...
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GSE Jr. Preferred Shareholders Have a Tough ‘Row to Hoe’ in Winning Their Lawsuits

March 28, 2014
Charles Wisniowski
The private equity plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the GSEs with no funds to pay anything to junior shareholders.
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