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Worth Noting/Tech Roundup

February 3, 2014
Public Comments on the Mortgage Closing Process are Due Feb. 7. Early in January, the CFPB solicited consumer comments on the mortgage closing process, specifically asking consumers to identify the key “pain points” associated with mortgage closing and how they might by addressed by market innovations and technology. The bureau specifically said it wanted comments on how to increase the use of technology and promote inventions that encourage a more streamlined mortgage closing process while also improving consumer knowledge. The CFPB...
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Servicers Report Uptick in FHA Delinquencies

January 31, 2014
Total FHA delinquencies rose slightly while the percentage of seriously delinquent loans remained flat in the fourth quarter of 2013, according to an Inside FHA Lending analysis of FHA servicing data. Data showed delinquencies of 90 days or more remained unchanged at 8.1 percent from the previous quarter even as total FHA delinquencies increased a bit to 15.2 percent from 15.1 quarter over quarter. The share of loans that are 30-60 days behind on their payment also increased to 7.1 percent from 6.9 percent over the same period. As of Dec. 31, FHA servicers had a combined ... [1 chart]
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Investors See Strong Opportunities in Products Other Than Residential MBS; Solar Anyone?

January 31, 2014
Brandon Ivey
“It’s a utility bill refi,” said Kristian Hanelt, a senior vice president of renewable capital markets at Clean Power Finance, which provides financial services to the solar industry.
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Is the Common Securitization Platform Turning Into a Mess?; What Happened to the Chairman and CEO Searches?

January 31, 2014
Although the Fannie Mae/Freddie Mac common securitization platform is now legally incorporated, has a signed lease for office space in suburban Maryland and is growing staff, it still doesn’t have a chief executive and chairman – two essentials to be taken seriously by the market. “It’s pretty much turned into the mess I suspected it would a year ago,” said one former candidate for the CEO job, who spoke under the condition his name not be used. Discussing the chairman position, he added...
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Do the ‘Hustle’: DOJ Almost Triples Penalty for BofA in GSE/CFC Case

January 31, 2014
Charles Wisniowski
DOJ’s initial penalty calculation was based on the gross loss to Fannie and Freddie from the default of the loans, but now the government says the court should use gross gain, instead of net gain to set the maximum allowable penalty.
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Government Gets More Aggressive in Using FIRREA To Prosecute MBS Fraud, DOJ Pushes the Envelope

January 31, 2014
Federal prosecutors have been successful in defending their use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 in pursuing mortgage-related securities fraud and will continue to use the statute aggressively in enforcement actions barring any adverse court action, according to industry compliance experts. Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute, mostly simple fraud cases. In the last two years, however, the government has aggressively used FIRREA and the False Claims Act to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages. Of the two statutes, the government has pushed...
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Lehman Wins Bankruptcy Court Approval of $2.15 B Deal With Fannie; Judge Upholds NCUA Suit Against Goldman

January 31, 2014
A Manhattan federal bankruptcy court this week approved Lehman Brother’s proposed $2 billion-plus settlement that would end an $18.9 billion claim filed against the defunct investment bank by Fannie Mae over soured mortgage securities. Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York, signed off on the settlement agreement between Lehman Brothers Holdings Inc. and the government-sponsored enterprise, as well as Lehman’s wholly owned subsidiaries Aurora Commercial Group and Aurora Loan Services. ALS was a large Alt A lender/servicer. The deal grants...
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Obama Barely Mentions Housing in State of the Union Speech; Treasury Official Says No To HARP Extension

January 31, 2014
President Obama’s scant mention of housing finance reform or mortgage policy during this week’s State of the Union address was not entirely a surprise, say industry observers, but an administration official’s remarks last week on the Home Affordable Refinance Program’s outlook were more encouraging. Obama spoke of housing exactly twice during his prime time speech: first to describe the housing market as “rebounding” and again to demand from Congress “legislation that protects the taxpayers from footing the bill for a housing crisis ever again.” Fannie Mae or Freddie Mac were mentioned...
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The Future of Mortgage Banking: Are We Moving to an Originate-to-Hold Model?

January 31, 2014
Thomas Ressler
Will more commercial banks hold 30-year fixed loans in portfolio? Wells Fargo and JPM are doing it, but what if rates spike unexpectedly?
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What We’re Hearing: Are Lenders Faking Their Rate Sheets? / Cash Help on the Way for Nonbanks / Waiting for Godot and Jumbo MBS / Obama's Big GSE ‘Miss’ / Black Rock Likes Wally and Penny / Congressman’s Trailer Park Talk With Bad Num

January 31, 2014
Paul Muolo
At deadline we got wind of a former Wall Street investment banker who is setting up a fund to help independent mortgage firms (nonbanks) raise capital.
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