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Mortgage Origination Volume Dropped Sharply During Second Quarter, Rebound May Be Modest

July 28, 2011
Residential mortgage lending fell sharply in the second quarter, sinking to levels not seen since the depth of the financial market meltdown in late 2008. Lenders originated an estimated $265.0 billion in 1-4 family mortgages during the second quarter, down 18.5 percent from the first three months of the year. Production barely topped the $260.0 billion in mortgage originations posted in the fourth quarter of 2008, which was the lowest quarterly out-put since early 2000. Third-quarter production appears to be ... [includes two data charts]
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Mortgage Lenders Urge Adoption of a True Safe Harbor as Regulators Craft Qualified Mortgage Rule

July 28, 2011
Mortgage industry officials are pressing the Consumer Financial Protection Bureau to create a true legal safe harbor as it takes over a rulemaking project to implement ability-to-pay requirements enacted as part of the Dodd-Frank Act. Although the Federal Reserve drafted the proposed ability-to-pay rule, it did not take a firm stand on defining the legal protection lenders will get from originating “qualified mortgages.” Late last week, the project – which implements amendments to the Truth in Lending Act – was passed on to the CFPB. The Fed proposed rule contains ...
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Lower Mortgage Rates Helped Push Up Government Share of Housing Market in June, HousingPulse Finds

July 28, 2011
Thanks to low mortgage rates, the government share of the home purchase market rose in June, according to new numbers compiled from the Campbell/Inside Mortgage HousingPulse Tracking Survey. But the latest survey also highlighted several factors that are likely to put downward pressure on home prices in the balance of this year. Mortgage rates have been falling for the past several months, dipping to below 4.5 percent in June for 30-year fixed-rate mortgages financed through Fannie Mae, Freddie Mac and FHA, Inside Mortgage Finance’s weekly sampling of rates reveals. This has helped ... [contains one graph]
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Court Blocks a Dodd-Frank Rule as Federal Agencies Enter Second Year of Massive Rulemaking Marathon

July 28, 2011
The U.S. Court of Appeals in Washington last week struck down a recent federal rule drafted to implement provisions in the Dodd-Frank Act, claiming that the agency did not properly weigh the economic costs and benefits of the new rule. As regulators across Washington, including the new Consumer Financial Protection Bureau, press to meet their Dodd-Frank mandates, opponents of the controversial law are turning to litigation over the rulemaking process to stymie new regulations. The appellate court action involved a Securities and Exchange Commission rule intended to allow ...
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Federally Supervised Banks Rush to Register with NMLSR as July 29 Deadline Looms; Low State Licensing Turnout in 1Q

July 28, 2011
Some federally regulated depository institutions are scrambling to meet a July 29 deadline to register with the Nationwide Mortgage Licensing System and Registry to avoid possible sanctions by the Consumer Financial Protection Bureau. Although the covered institutions have begun registering their mortgage loan originators as required by the Secure and Fair Enforcement for Mortgage Licensing Act, there is some confusion about other employees whose mortgage-related responsibilities are not as clear cut as those of MLOs, said compliance experts. Such employees include those who ...
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Debt Negotiations Drown Out Industry Efforts To Maintain Current High-Cost Loan Limits

July 28, 2011
Industry efforts to postpone a scheduled reduction in the high-cost loan limits for Fannie Mae, Freddie Mac and the FHA this fall may be gaining traction, but legislative insiders say the sound and fury surrounding the current debt limit talks have crowded out all other issues at the moment. Last week, the Mortgage Bankers Association joined the National Association of Realtors and the National Association of Home Builders in calling on Congress to act to extend the higher temporary loan limits for at least another year. The central argument of MBA and the other trade groups is that ...
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House Financial Committee Approves Bill Restoring Exemption of NRSRO Ratings from Expert Liability

July 22, 2011
The House Financial Services Committee this week passed legislation repealing a provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act that increased the liability of credit rating agencies for ratings they provide on asset-backed securities offerings. H.R. 1539, the “Asset-Backed Market Stabilization Act of 2011,” would restore Rule 436(g) is-sued by the Securities and Exchange Commission, which exempted nationally recognized statistical rating organizations, or NRSROs, from expert liability when they provide ratings for ...
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Short-Term Agency MBS Picture Bleak as Moody’s, S&P Announce Possible GSE Ratings Downgrade

July 22, 2011
Regardless of whether the White House and Congress come to a debt ceiling deal before the fast approaching Aug. 2 deadline, agency MBS are in for a rough ride, experts say. Last week, Moody’s Investors Service and Standard & Poor’s lit a fire under the debt talks and sparked widespread consternation throughout the MBS arena when they announced that each may cut the U.S. credit rating two double-A within three months if there isn’t a “credible” agreement to address the U.S. debt burden. Consequently, Moody’s placed on review for possible downgrade ...
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Fannie Mae Addresses Reps and Warranties In Revised Single-Family MBS Prospectus

July 22, 2011
Fannie Mae this week released a revised prospectus for its single-family MBS program that updates language on non-standard collection options such as biweekly payment plans, certain hybrid ARM pools and loan eligibility. The government-sponsored enterprise also expanded its discussion of representations and warranties provisions affecting its single-family MBS. In addition to requiring sellers to repurchase mortgages that breach the reps and warranties, Fannie said it is important for investors to consider that there are other mandatory and optional cases where loans may be ...
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Basel Report Calls for Tougher, More Uniform Regulation of Mortgage Securities Markets

July 22, 2011
Regulators of MBS markets should use a variety of tools to address inverse incentives in securitization, encourage markets to improve transparency and increase document standardization, according to a report released by the Joint Forum of the Bank for International Settlements. In its “Report on Securitization Incentives,” BIS said incentives in securities markets were misaligned in the crisis and still are today. “The major incentives at play for originators/sponsors included funding diversification, funding cost, risk transfer ...
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