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Feds Try to Keep Canning at Bay While Hensarling Targets Funds

March 25, 2013
The National Labor Relations Board announced earlier this month that it will not seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the District of Columbia affirmed that President Barack Obama’s Jan. 4, 2012, recess appointments of three members to the board were unconstitutional. “The board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision,” the NLRB said. The petition is due...
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Points-and-Fees Bill Would Supplant, Ease CFPB Definition

March 25, 2013
Reps. Bill Huizenga, R-MI, and David Scott, D-GA, both members of the House Financial Services Committee, have reintroduced the Consumer Mortgage Choice Act, H.R.1077, legislation that would ease the definition of points and fees that the CFPB articulated in its ability-to-repay final rule issued in January. The definition is a key factor in determining whether a mortgage is a “qualified mortgage,” which requires that fees and points not exceed 3 percent. Currently, the definition would make hundreds of thousands of...
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FHFA’s DeMarco Predicts Five Years to New MBS Platform

March 22, 2013
Charles Wisniowski
FHFA's plan for a single MBS platform that would be managed by a new government entity separate from Fannie Mae and Freddie Mac does not mean the agency is contemplating consolidating the two GSEs at this time.
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Industry Expresses Support for Legislative Modification on Definition of Points, Fees

March 22, 2013
George Brooks
The Mortgage Bankers Association and other industry trade groups are backing bipartisan legislation that would modify the definition of points and fees in the 'ability-to-repay' and QM rules.
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BofA Motion to Dismiss FHFA Suit Over Countrywide MBS Rejected; State Judge Allows Allstate to Sue Three Banks

March 22, 2013
A federal judge in Los Angeles last week denied a motion by Bank of America’s Countrywide Financial unit to dismiss securities fraud claims by the Federal Housing Finance Agency on behalf of Fannie Mae and Freddie Mac for toxic MBS purchased by the government-sponsored enterprises.The FHFA’s complaint alleges that Fannie and Freddie purchased approximately $26.6 billion in residential MBS that Countrywide sold from Aug. 30, 2005, to Jan. 23, 2008. The agency alleges negligent misrepresentations and fraud related to the offerings of Countrywide MBS.
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Will Fannie and Freddie Preferred Shareholders Sue FHFA? / Home Equity Lending Market Still Hurting / FGMC of Maryland Expanding TPO / More Non-Legacy Deals from MountainView, IMA Hit the Market

March 22, 2013
The $93 billion question for Fannie Mae, Freddie Mac, and FHFA: what is a "deferred tax asset" and how can it be used, if at all?
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Bank Portfolio Lending Strategies Diverge

March 22, 2013
Banks large and small varied their portfolio lending tactics in 2012, with some increasing first-lien originations for portfolio and others allowing runoff and even selling some of their holdings. Overall, bank and thrift first-lien portfolio holdings increased in 2012 compared with the previous year, with originations outpacing prepayments and sales. Banks and thrifts held $1.80 trillion in first-lien mortgages in portfolio at the end of 2012, up 2.3 percent from the end of 2011, according to ... [Includes one data chart]
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Interest-Only Originations Increase in 2012

March 22, 2013
Interest-only mortgage lending increased significantly in 2012, led by originators willing to portfolio the loans. Lenders expect the originations to remain strong even though the products were singled out in the Dodd-Frank Act and subsequent ability-to-repay rule from the Consumer Financial Protection Bureau. Some $22.94 billion in IOs were originated in 2012 by 15 lenders tracked by Inside Nonconforming Markets. The lenders’ IO production increased by 19.9 percent compared with 2011 ... [Includes one data chart]
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EverBank Sees Strong Demand for Jumbos

March 22, 2013
Officials at EverBank Financial said demand for non-agency jumbo mortgages is strong from borrowers and investors. The bank has increased its jumbo originations and is in the process of issuing its first non-agency mortgage-backed security. “We see strong demand for the high-quality preferred jumbo product we originate,” Rob Clements, chairman and CEO of EverBank, said this month during an investor presentation. The bank originated $397.5 million in non-agency jumbos during the fourth quarter of 2012 ...
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Daurio Lines Up Commitments for New Lender

March 22, 2013
Nonprime industry veteran Jon Daurio said he has lined up “soft” commitments of roughly $100 million to start a new non-agency mortgage banking firm. Daurio told Inside Nonconforming Markets that the “softness” or “hardness” of the commitments “is dependent on the final terms that I eventually negotiate with a lead investor.” He said the funding will come from private-equity sources. Daurio, who left Kondaur Capital about two years ago, said he could not comment further at this time. He has been ...
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