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Experts: Inaction by Congress Delaying GSE Endgame

November 23, 2011
Unless Congress tackles the future of Fannie Mae, Freddie Mac and the government’s role, if any, in housing finance, expect the Federal Housing Finance Agency to continue to resolutely employ an increasingly imperfect and outdated conservatorship model to the GSEs, say industry observers. Several times while appearing last week before the Senate Banking, Housing and Urban Affairs Committee and the House Committee on Oversight and Government Reform, FHFA Acting Director Edward DeMarco pointedly urged lawmakers…
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Congress Declines GSE Loan Limit Hike

November 23, 2011
Controversy regarding management bonuses at Fannie Mae and Freddie Mac was cited last week as a significant factor for lawmakers’ decision to reinstate temporary higher limits for mortgages insured by the FHA but not for loans backed by the GSEs.The “emergency” high-cost loan conforming loan limits enacted by Congress in 2008 for the GSEs and the FHA expired on Sept. 30, dropping the limit to $625,500 from $729,750.
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Freddie Mac Expands Winter Incentives to Move REO Inventory

November 23, 2011
Freddie Mac is unwrapping a new set of incentives for its HomeSteps properties to both homebuyers and real estate agents this winter in an effort to pick up the sales pace of the GSE’s real-estate owned inventory.Through January 31, 2012, Freddie is offering homebuyers up to 3 percent of the final sales price toward closing costs while selling agents representing the owner-occupant buyer would receive a $1,000 bonus under the incentive plan.
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Fannie, Freddie Market Share Rises in 3Q11

November 23, 2011
Both Fannie Mae and Freddie Mac retained their hefty shares of mortgage-backed securities with something of a bump during the third quarter of 2011, according to a new Inside The GSEs analysis.The GSEs issued a combined $174.8 billion in MBS in the third quarter, a 12.8 percent increase from the second quarter. Compared to the third quarter of 2010, Fannie and Freddie saw an 11.2 percent decrease in MBS issuance during the first nine months of the year.
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Step Servicing Might Be ‘The Next Big Thing’

November 23, 2011
With the severe housing recession having created a more than abundant supply of poorly performing mortgages that will likely linger for years, “step servicing,” or varying compensation based on the amount of servicing work performed, may well be the wave of the future. “Currently, many in the industry are proposing step servicing fees for transactions including newly originated prime jumbo product,” said Kathleen Tillwitz, senior vice president of U.S. and European structured finance for DBRS, in a recent analysis. “As a result, the servicing fees we are seeing for prime jumbo loans are currently ranging anywhere from...
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Housing Conditions Limit Mortgage Volume

November 23, 2011
Despite low mortgage rates, the outlook for the purchase-mortgage market remains gloomy. And you can blame it mostly on current housing market conditions. One of the biggest problems plaguing the housing market, according to the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, is the large share of distressed properties that make up home sales in most areas of the country. Nationally, foreclosed properties and short sales accounted for a whopping 48.4 percent of home purchase transactions tracked in the HousingPulse Distressed Property Index during...
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More of the Same in 2012, Mixed Forecasts for 2013

November 23, 2011
Total single-family originations could drop another 20 percent or more in 2012, following a similar decline this year, according to mortgage industry economists. The consensus forecast from Fannie Mae, Freddie Mac and the Mortgage Bankers Association is that $1.28 trillion in home loans will be originated in 2011, a decline of 22 percent from last year’s estimated volume. But 2011 will prove to be just a prelude to another sharp decline in production next year. Despite the fact that mortgage rates are expected to stay at...
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NV A.G. Brings Charges Over ‘Robo-signing’

November 21, 2011
The industry robo-signing foreclosure scandal took an historic turn this past week, with the first filing of criminal charges ever brought. Nevada Attorney General Catherine Cortez Masto brought 606 criminal charges against two Lender Processing Services employees who allegedly directed and supervised a robo-signing scheme which resulted in the filing of tens of thousands of fraudulent documents with the Clark County (NV) Recorder’s Office between 2005 and 2008. California resident Gary Trafford has been charged with 102 counts of offering false instruments for recording (a category C felony), false certification on certain...
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Mortgage Lenders Lobby CFPB, Congress Over Ability-to-Repay

November 21, 2011
The mortgage banking industry has been lobbying the Consumer Financial Protection Bureau and Congressional staff recently, expressing its concerns in particular with the ability-to-repay/qualified mortgage proposed rule. Lenders of all sizes expressed their concerns about automated underwriting systems, widely accepted standards, implementation concerns, points and fees restrictions and the need for a legal safe harbor. But the legal safe harbor remains the most important of these issues to most lenders. “The QM ability-to-pay rule has enormous liability associated with it,” an industry lobbyist confided. “The issue there is, if we don’t have a really solid definition as to what a qualified mortgage is, and we don’t have a safe harbor and the guidelines are firm – the industry’s got enormous potential liability and is likely to be sued all the time.”
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CFPB Releases Settlement Prototype Disclosure Form

November 21, 2011
The Consumer Financial Protection Bureau has released for public comment two alternative versions of a new mortgage disclosure form that would effectively combine the current disclosure requirements of the final federal Truth in Lending Act and HUD-1 Settlement Statement forms, the second phase of the CFPB’s “Know Before You Owe” program. “We are in the process of replacing these two different forms with one disclosure that is easier to use, consistent with our Congressional mandate in the Dodd‐Frank Act,” the bureau said. “We want to give consumers a clear understanding of the final loan terms and costs in one place. This will make it easier to ensure that you receive the loan product you applied for at the cost you agreed to. And we want to give lenders and settlement agents a well‐organized form to make compliance easier.” An “industry tool” asks industry representatives what their preferred format would be for their customers to use at closing to describe final loan terms and closing costs, while a “consumer tool” asks consumers which form they would prefer to be given at closing to describe those items.
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