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Majority of Courts Continue to Validate Role of MERS

June 20, 2011
Jurisprudence related to Mortgage Electronic Registration Systems continues to evolve, but a majority of courts are validating the role MERS plays in the nation’s mortgage finance system, according to a new analysis of recent cases by law firm K&L Gates...
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What’s the Secret to an ‘Outstanding’ CRA Rating?

June 20, 2011
There’s probably not “a secret sauce” that banks can use to juice up their Community Reinvestment Act rating, but a deliberate, cohesive strategy and “complete buy in” from CEO to receptionist will go a long way, bank and government officials said recently...
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Foreclosure Mess Raises Important Public Policy Issues

June 20, 2011
The industry’s foreclosure debacle – including the validity of the transfer of mortgages and the role of MERS – has raised a number of critical public policy questions that industry leaders and policymakers will need to resolve if the market and the industry are to return to a fully functioning form once again, a leading industry legal expert told mortgage compliance officials recently...
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State Roundup

June 20, 2011
Maine. Governor Paul LePage has signed LD 290, legislation implementing the Secure and Fair Enforcement for Mortgage Licensing Act of 2008; MORE..
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Worth Noting

June 20, 2011
PMI Mortgage Insurance Co. has launched its MODEL servicer program; the Dodd-Frank Wall Street Reform and Consumer Protection Act is an epic financial services law of unprecedented scale; American voters strongly support pro-housing politicians; MORE...
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Recent CRA Ratings

June 20, 2011
Recent CRA Ratings…
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New Lender Compensation Rules May Reduce Mortgage Churning, Calm Prepayment Speeds

June 17, 2011
New federal restrictions on mortgage broker compensation will likely add momentum to the shift away from wholesale mortgage production programs and ultimately dampen MBS prepayment speeds, according to an analysis by Barclays Capital. Most major primary market lenders have been moving away from the broker market since the housing sector began to crumble in 2007. According to Inside Mortgage Finance, an affiliated newslet-ter, the broker share of new mortgage originations peaked in 2005 at 31.3 percent of primary market lending. Between 2005 and 2007, brokers accounted...
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Subprime Performance Improves, Risks Increase

June 17, 2011
Serious delinquency rates on subprime mortgages improved in the first quarter of 2011 for a fifth consecutive quarter. However, analysts warn that the sector faces increased risks due to scrutiny from federal regulators and Congress. Meanwhile, subprime originations remain all but nonexistent, causing the amount of subprime mortgages outstanding to fall to an estimated $605.0 billion in the first quarter of 2011, according to Inside Nonconforming Markets. In 2005, an estimated $625.0 billion in subprime mortgages were originated, with another...[includes one data chart]
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Treasury Dings Non-Agency HAMP Servicers

June 17, 2011
The Treasury Department withheld payments to Home Affordable Modification servicers for the first time last week. The delay in incentive payments to three major servicers was due to poor handling of non-agency mortgages. Bank of America, JPMorgan Chase Bank and Wells Fargo Bank will not receive HAMP incentive payments until the Treasury determines that the servicers have made improvements. Ocwen Loan Servicing was also determined to be “in need of substantial improvement” but the servicer received a pass because of issues related to...[includes one data chart]
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HUD, Lenders in Talks Regarding ‘Credit Overlays’

June 17, 2011
The Department of Housing and Urban Development is in conciliation talks with 22 FHA-approved mortgage lenders about “credit overlay” practices that resulted in a denial of credit to FHA-qualified borrowers. Agreements between HUD and the lenders may be announced within the next few weeks, said a HUD spokesperson, who declined to comment further because the issue is still in mediation. Discussion between HUD and the lenders have been ongoing since the National Community Reinvestment Coalition, an association of more than 600 community-based organizations, filed individual complaints against the 22 lenders late last year for alleged ...
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