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Jumbo Lending Outpaces Overall Market in Third Quarter, Led by Bank Portfolios

November 27, 2013
Originations of non-agency jumbo mortgages in the third quarter increased by 2.7 percent compared with the second quarter of 2013 while total originations fell by 18.6 percent, according to a new ranking by affiliated publication Inside Mortgage Finance. An estimated $77.0 billion in non-agency jumbos were originated in the third quarter, a level of originations not seen since the second quarter of 2007. The jumbo market accounted for 16.7 percent of total mortgage ... [Includes one data chart]
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New Law, Court Rulings Reduce Limited Availability Of Deficiency Judgments on California Home Loans

November 27, 2013
Two crucial legal events occurred in 2013 that might have signaled the extinction of the narrow window through which deficiency judgments were possible on residential property in California. Attorneys at Nossaman LLP said the recent passage of California Senate Bill 426 and the conforming decision by the California Court of Appeal, Fourth Appellate District, have made clear that the state’s anti-deficiency statutes not only protect home loan borrowers from judgments or collections but also trump any separate lender/borrower agreement regarding the payment of any deficiency following a foreclosure or a short sale. A deficiency judgment is...
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Outlook Uncertain as Tax Relief on Mortgage-Debt Forgiveness Is Again Set to Expire at Year-end

November 27, 2013
Tax forgiveness enacted by Congress in 2007 for mortgage-debt relief is scheduled to expire at the end of this year. In a similar scenario last year, Congress agreed to a one-year extension of the tax break, but analysts are less certain that Congress will pass another extension in the weeks ahead. The Mortgage Forgiveness Debt Relief Act of 2007 exempts borrowers from federal tax obligations for debt forgiven via principal-reduction loan modifications and short sales. Congress has twice extended the deadline for the expiration of the tax break. “Policymakers have expressed...
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HAMP Mod Activity Increases Due to Tweaks In Program While Proprietary Mods Decline

November 27, 2013
Loan modification trends have diverged in recent quarters, with activity in the Home Affordable Modification Program remaining strong while the use of proprietary loan mods dropping significantly. A total of 181,242 loan modifications were completed in the third quarter of 2013, according to Hope Now, a 22.1 percent decline compared with the third quarter of 2012. The decline was driven by proprietary loan mods, with 136,106 completed in the third quarter of 2013, a 26.7 percent reduction from a year ago. Some 45,136 permanent HAMP mods were completed...
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CFPB Disclosure Rule Features Key Changes From Proposed Rule, Although Forms See Minor Tweaks

November 27, 2013
A closer look at the new integrated mortgage-disclosure rule issued last week by the Consumer Financial Protection Bureau reveals a handful of important changes made to the rule itself, while the forms have undergone only modest revisions. The first important change to the final rule is a mandatory three-business-day waiting period between the time the lender provides the closing disclosure and the closing itself. “By providing the closing disclosure three days before closing, consumers can review their final loan terms and costs in an unpressured environment rather than at the closing table,” the bureau said. “This allows consumers time to confirm they are getting what they expected.” It also will give...
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OIG Report: FHFA Needs More, Better Allocated Resources; ‘Mission Tension’ Inhibits GSE Oversight

November 27, 2013
The Federal Housing Finance Agency needs to be more hands-on and engaged with additional resources to best oversee Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks, according to the agency’s inspector general. In its semi-annual report to Congress, the FHFA IG noted “recurring oversight issues that policymakers may want to consider as part of reforming the secondary mortgage market.” “The recent housing crisis has shown...
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PennyMac Rumored to be the Buyer on CashCall’s MSRs; What’s Holding Up Wells Fargo’s Deal?

November 27, 2013
After a few weeks of drought in the servicing auction market, a handful of new portfolios are hitting the circuit as sellers try to bolster earnings before year-end. “Buyers haven’t had much new to look at lately, but that’s changing,” said Tom Piercy, managing member of Interactive Mortgage Advisors, Denver. “I think sellers are a little concerned about the new origination forecast for next year from the [Mortgage Bankers Association] and they are thinking they should convert some of their assets to cash.” The MBA last month projected...
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FHFA Announces 2014 Loan Limits for Fannie And Freddie, But More Changes May Come

November 27, 2013
The Federal Housing Finance Agency this week announced 2014 conforming loan limits for Fannie Mae and Freddie Mac that are unchanged from those currently in place, but it’s unclear whether the agency still intends to direct the government-sponsored enterprises to set lower limits. The agency cited statutory requirements of the Housing and Economic Recovery Act of 2008 that require changes in the baseline loan limit, $417,000, based on the movement of house prices. Al-though house prices have risen over the past year, the FHFA said, they still haven’t made up all the decline since the housing market tanked in 2007. In the third quarter of 2013, the FHFA house price index was...
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Analyst: Pending Watt Nod Affected FHFA Loan-Limit Direction?

November 27, 2013
Charles Wisniowski
The once deadlocked, but now all-but-certain, confirmation of Rep. Mel Watt, D-NC, to be the new director of the Federal Housing Finance Agency has left industry observers uncertain as to the continued policy direction of the FHFA.
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Short Takes: FY 2013 FHA Actuarial Report Out in Mid-December/ S&P: CFPB ATR-QM Standard Increases Borrower Difficulty/Fifth Third to Pay Freddie $25 Million to Settle Buybacks/MBA: Mortgage Applications Decrease

November 27, 2013
Thomas Ressler, George Brooks, and Charles Wisniowski
The Department of Housing and Urban Development expects to issue the long-anticipated FHA FY 2013 independent review of the state of the FHA’s Mutual Mortgage Insurance Fund on or before the middle of December. The report’s release was delayed due to the three-week government shutdown in October.
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