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Legacy Issues Causing Headaches in Non-Agency Market, Experts Say – Can Regulators Fix Them?

June 24, 2011
The challenges confronting the recovery of the non-agency MBS market are many, but legacy issues, such as representations and warranties, are the cause of huge frustration in the industry, according to panelists at the American Securitization Forum this week. “Some of these legacy issues have very far-reaching tentacles,” observed Mani Sabapathi, principal at Prudential Fixed Income. The housing finance world has been bracing for the coming risk-retention rule with great apprehension, he said, raising the possibility that reps and warrants could be included as a part of it. “I think it can be an important aspect to the extent that if you have these loans that don’t meet...
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Covered Bond Bill Clears Committee, Moves to House Floor Despite Unresolved FDIC Concerns

June 24, 2011
Lawmakers on the House Financial Services Committee this week approved by a wide bipartisan margin a bill that would create the legislative framework for a covered bond market in the U.S., but not before some haggling regarding the role of the federal regulators. The committee voted 44-7 in favor of H.R. 940, the U.S. Covered Bond Act of 2011, clearing the way for the bill’s consideration by the full House of Representatives. Rep. Scott Garrett, R-NJ, chairman of the House Financial Services Subcommittee on Capital Markets and Government-Sponsored Enterprises, said H.R. 940 sets up “legal certainty” that is a core element of...
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HUD Watchdog Finds Flaws Still Existing In FHA Lender Recertification Process

June 23, 2011
The Department of Housing and Urban Development’s Office of the Inspector General continued to find weaknesses during a second audit of FHA’s Title II single-family lender renewal process despite steps already taken by the agency to strengthen its controls. In a new report released last week, HUD’s internal watchdog recommended additional improvements, some of which were rejected...
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HUD Rolls Out Emergency Aid Program to Help Unemployed Borrowers Make Loan Payments

June 23, 2011
Nearly a year after the Dodd-Frank Act authorized $1 billion in funding, the Department of Housing and Urban Development announced the start of the Emergency Homeowners’ Loan Program this week, offering mortgage aid to unemployed homeowners in 28 U.S. states and Puerto Rico. The EHLP is to aid homeowners who, due to a reduction in income, are unemployed or underemployed and at risk of foreclosure. The program is administered...
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Inspector General Says Lack of Complaint Reporting Policies Is a ‘Significant Risk’ at GSE Regulator

June 23, 2011
The Federal Housing Finance Agency’s failure to recognize and quickly provide law enforcement authorities with information about allegations of fraud and other potential criminal conduct presents a “significant risk” for the agency and the government-sponsored enterprises it regulates, concluded the FHFA’s watchdog. The Office of the Inspector General of the FHFA this week issued...
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Industry Coalition Makes Pitch for Looser QRM Standard, But Gives Little Support for Private MI

June 23, 2011
A broad coalition of industry trade groups, consumer advocates and community groups urged federal regulators to open the door to qualified residential mortgage status for loans with low downpayments, but offered only the mildest support for private mortgage insurance. The Coalition for Sensible Housing Policy reiterated criticism of the QRM standard drafted by federal regulators as part of the securitization risk-retention proposed rule earlier this year that has been made...
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Senate Withholds Vote on Proposals for Federal Servicing Standards, Interest Charges on Prepaid FHA Mortgages

June 23, 2011
In an apparent victory for the mortgage industry, the Senate has set aside amendments to an economic development bill that would have established national standards for mortgage servicers and changed the way the FHA collects interest payments on prepaid FHA-insured mortgage loans. The Mortgage Bankers Association and the American Bankers Association warned legislators that adoption of the amendments would be...
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Home-Equity Lending Continued to Decline in Early 2011, But Market May Be Turning Around

June 23, 2011
The volume of home-equity loans outstanding dropped to its lowest level since 2005 and new production continued to slow in early 2011, but there are some signs that the HEL market may be touching bottom. The Federal Reserve reported that $925.3 billion of home-equity lines of credit and closed-end second mortgages were outstanding as of the end of March, down 2.6 percent from the fourth quarter. That was the lowest outstanding balance of home-equity loans since the fourth quarter of 2005. New HEL originations fell...[Includes two data charts]
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Total Privatization of Market, Transition from Fannie and Freddie to Covered Bonds is Highly Unlikely, Experts Say

June 23, 2011
There is a huge disconnect between some members of Congress and the reality of the private market, that broad investor appetite for non-agency mortgage-backed securities is unlikely to rebound anytime soon, according to panelists at the American Securitization Forum annual conference. “Once you figure out how to get the government sector out of the market, [the belief is that] the private sector will step in and pick up all of that slack, and therefore they will do...
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CFPB to Press on With or Without a Director, As Republicans Try to Control its Purse Strings

June 23, 2011
The controversial Consumer Financial Protection Bureau plans to hit the ground running when it officially opens its doors for business July 21, whether or not the agency has a director in place. Steve Antonakes, assistant director for large bank supervision at the CFPB, told industry executives last week that the agency is ready to begin conducting “point-in-time” examinations of banks with more than $10 billion in assets, exams that will last anywhere from four to 12 weeks, based on the size and complexity of the institution. A clean exam means...
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