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 ...

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 ...

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 ...

JPMorgan Chase officials say they plan to liquidate the company’s giant $154 billion mortgage portfolio to “close to zero” as it works through the bank’s mortgage losses and litigation of loan-servicing and foreclosure practices. During the company’s earnings conference call with analysts, JPMorgan CEO Jamie Dimon noted that the company will continue to reduce its mortgage holdings by 10 percent to 15 percent a year “forever.” Last year, the company reduced its mortgage holdings by $19.3 billion. JPMorgan reported earnings of ...

To bolster some much-needed credibility and quality assurance for consumers seeking appraisals, the Federal Housing Finance Agency and the Consumer Financial Protection Bureau should set minimum standards for states to apply in registering appraisal management companies, a recent Government Accountability Office report said. “Partly in reaction to appraiser independence requirements, lenders have increasingly relied upon AMCs to perform certain functions,” the GAO observed. “Despite the increased use of AMCs, direct federal oversight of AMCs is limited because ...

Without clear, early implementation guidance from the Department of Housing and Urban Development, FHA mortgage lenders could start underwriting to the lower loan limits before the Oct. 1 effective date, limiting the origination of FHA loans, warned two real estate industry groups. Providing guidance to mortgage lenders on how to manage the transition from the current top-end amount of $729,750 to $625,500 for high-cost areas without disrupting FHA lending is critical, the Mortgage Bankers Association and the National Association of Home Builders wrote to HUD. Lenders manage their pipelines based on ...

The Office of the Comptroller of the Currency made significant changes to a controversial proposed regulation it issued back in May to implement revised federal preemption standards regarding state mortgage and other consumer protection laws. The OCC’s proposed rule to conform to Dodd-Frank Act preemption provisions was met with significant opposition from state regulators, consumer advocates, members of Congress and even the Department of Treasury, within which the agency functions as an independent bureau. One of the key disputes focused on the OCC’s proposal to use a ...

Mortgage lenders operating as a “series limited liability company” should reevaluate the structure in the wake of an enforcement action by the Department of Housing and Urban Development against an FHA lender alleging violation of FHA branch rules and the Real Estate Settlement Procedures Act. A recent settlement agreement between HUD and Prospect Mortgage of Sherman Oaks, CA, could be the wake-up call for other mortgage companies that use a series limited liability company, or a “series LLC,” to originate FHA-insured loans, according to compliance experts. Lenders may have to decide whether to ...

Republican senators this week renewed their vow to block confirmation of a permanent director of the new Consumer Financial Protection Bureau unless the Obama administration agrees to revamp key parts of the agency’s structure and make it more accountable. Some, like Adam Levitin, a law professor at the Georgetown University Law Center, believe the CFPB is actually more accountable than any other federal agency. During testimony at a hearing in the Senate Banking, Housing and Urban Affairs Committee this week, he noted that the CFPB is subject to ...

Most mortgage loans made in recent years meet several of the major requirements to be classified as “qualified mortgages,” but debt-to-income tests could be problematic, according to a new Government Accountability Office report released this week. Loans that meet nine provisions specified in the Dodd-Frank Act would be classified as qualified mortgages and provide the lender some legal protection that the new law’s ability-to-repay standard has been met. The Federal Reserve has proposed a regulation to implement the DFA requirements but left some key issues – such as ... [includes one data chart]