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Lawmakers Criticize QRM Downpayment Size; Regulators Undecided on Reissuing a New Proposal

December 9, 2011
Federal financial regulators are still sifting through stacks of criticism about their controversial risk-retention proposal for the MBS and ABS market and have not yet decided whether to start over again with a new proposed rule, as most industry groups have urged them to do. The agencies are also getting a lot of push from Capitol Hill to re-think the original proposal, which was released in late March. “I am very concerned that if the qualified residential mortgage definition being worked out by regulators isn’t broad enough, it could hurt the housing market, especially...
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Fannie Drives Solid Increase in Agency MBS During November, Analysts Wait for HARP

December 9, 2011
Agency residential MBS issuance in November rose to its busiest level since the start of 2011, but seasonal slowdowns in housing activity and a refinance boom that’s losing steam suggest that the current wave is at or near its peak. Fannie Mae, Freddie Mac and Ginnie Mae generated a total of $114.53 billion in new single-family MBS during November. That was up 11.2 percent from October volume and marked the highest monthly production level since January 2011, when the agencies issued $137.76 billion. But consumer demand for refinance loans has been...(Includes two data charts)
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Industry Supports GOP Bill to Jumpstart Non-Agency MBS Market But Wants Some Government Involvement

December 9, 2011
Industry experts and trade groups said this week they were generally supportive of a House Republican bill to create a new non-agency residential MBS market, but they still want the government to have a role, however limited, in the final product. The Private Mortgage Market Investment Act, drafted but not yet filed by Rep. Scott Garrett, R-NJ, would create a heavily regulated MBS market made up solely of private entities that would function with no federal guarantee at all. Garrett, who chairs the House Financial Services Subcommittee on Capital Markets and Government...
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Mortgage Attorneys Leave Large DC Firm to Form Group in Another Shop

December 8, 2011
Patton Boggs, a large Washington DC-based law and lobbying firm, has seen an en masse exodus of its mortgage banking lawyers. Ballard Spahr created a Mortgage Banking Group for the three Patton Boggs partners and an associate, while Dykema welcomed two senior attorneys to its growing Financial Services Regulatory and Compliance practice. Patton Boggs did not return calls for comment regarding the future of its own mortgage practice, and the departed lawyers would not speculate as to the future of their former firm. Partners Richard Andreano, John Socknat and Michael Waldron...
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Massachusetts Sues Five Banks for Foreclosure Servicing; Nevada and California AGs Announce Joint Investigation

December 8, 2011
Massachusetts Attorney General Martha Coakley sued five major lenders late last week for allegedly illegal foreclosure practices. One of the firms, GMAC Mortgage, responded by pulling out of Massachusetts lending, prompting Coakley to request a Congressional investigation of GMAC. This week, the AGs of California and Nevada followed suit with a joint announcement of a dual mortgage fraud probe. “We have two clear goals with this lawsuit,” Coakley said. “One is to provide for real accountability for the roles the banks have played in unlawful and illegal foreclosures and second...
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House Democrats: Repealing Risk Retention Provision is Deal-Killer for Mortgage Reform

December 8, 2011
The proposal drafted by a senior House Republican that aims to lure private capital into the secondary mortgage market received the general support of industry witnesses at a hearing this week, but Democratic lawmakers say repealing key features of the Dodd-Frank Act would be a non-starter. The Private Mortgage Market Investment Act, drafted but not yet filed by Rep. Scott Garrett, R-NJ., would create a heavily regulated mortgage-backed securities market made up solely of private entities that would function with no federal guarantee at all. Under the bill, the Federal Housing...
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2012 Loan Limit Picture Comes Into Focus as Agencies Implement Latest Statutory Mandates

December 8, 2011
The dust is starting to settle over an increasingly complex landscape of agency loan limits for 2012 that features 83 defined metro markets where the FHA can insure loans that are too big to be financed by Fannie Mae or Freddie Mac. The Department of Housing and Urban Development this week released guidance on FHA loan limits that changed twice in calendar 2011. On Oct. 1, a new set of FHA loan limits based on a $625,500 maximum went into effect, and they will apply to loans with FHA case numbers assigned between that date and Nov. 17, said...(Includes one data chart)
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Democrats Set Up Republicans for Election Year Slam Over GOP Blockade of CFPB Nomination

December 8, 2011
President Barack Obama and his Democrat allies on Capitol Hill initiated a multi-prong attack against their Republican opponents this week in an effort to put them on the hook in the 2012 election over their refusal to allow an up-or-down vote on Richard Cordray, the president’s nominee to head the controversial Consumer Financial Protection Bureau. The initiative started this weekend, when the White House released a report and began an accompanying media blitz, warning of the dangers American consumers face in the financial marketplace without a director at the...
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HUD Plans to Increase FHA Premiums, Take Additional Steps to Strengthen MMI Fund

December 8, 2011
The Department of Housing and Urban Development is weighing a number of options, including raising insurance premiums for the FHA Mutual Mortgage Insurance Fund as political concerns grow that the program may need a taxpayer bailout. Testifying before the House Financial Services Committee last week, HUD Secretary Shaun Donovan said he plans to include premium increases and other proposals in the department’s fiscal 2013 budget proposal to bring the FHA’s excess capital reserves back to the required level. Donovan said the FHA continues to evaluate policy options to...
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Refinance Spurred Higher Originations In 3Q11, But Volume Remained Tepid

December 8, 2011
Refinance originations increased sharply during the third quarter, but relatively little of the gain came from the government’s streamlined program for borrowers with little or no equity. Analysts do expect an uptick in activity under the revamped Home Affordable Refinance Program, but many are braced for lackluster results. A total of $192.0 billion of refi loans were originated during the third quarter, up 31.5 percent from the previous three-month period. While that was significantly greater than the 7.3 percent growth in purchase-money...(Includes three data charts)
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