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Commercial Banks Continue Servicing Pullback, Thrifts and Credit Unions Pick Up Some Slack

March 16, 2017
The volume of home mortgages outstanding continued to grow during the final three months of 2016, no thanks to the commercial banking industry. Recently released data from the Federal Reserve show $10.266 trillion of mortgage debt outstanding at the end of last year. That was up 0.7 percent for the quarter and reflected a 2.3 percent gain for the full year. The market still has a long way to go to catch up to the $11.240 trillion of mortgage debt outstanding at the end of 2007, but growth has been steady since bottoming out in mid-2014. The agency market continued...[Includes two data tables]
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Detroit Court Ruling in Government’s FHA-Related Case Against Quicken Loans Narrows Lender’s Potential Liability

March 16, 2017
A recent decision by a federal judge in Detroit dismissing portions of the Department of Justice’s FHA-related claims against Quicken Loans will shrink the lender’s liability under the False Claims Act, according to a legal expert. In a decision rendered March 9 on the closely watched case, U.S. District Judge Mark Goldsmith narrowed the scope and timeframe for which the DOJ can pursue any recovery or settlement against Quicken Loans for FHA losses allegedly due to faulty underwriting and loan default performance. It is the first major decision since the DOJ’s suit was transferred from federal court in Washington, DC, to federal court in Detroit last year. The DOJ and the Department of Housing and Urban Development’s Office of the Inspector General began...
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Credit Reporting Changes Could Spur Mortgage Lending as Consumers’ Scores Are Elevated

March 16, 2017
The three major credit bureaus plan to exclude two critical pieces of negative information from their reports, which may make it easier for some borrowers to qualify for a mortgage. Many tax liens and civil judgments, which can weigh down a credit score, will be removed. As part of a multi-year plan to alleviate incorrect information, on July 1, Equifax, Experian and Transunion will apply new public record standards when it comes to collecting and the timely updating of civil judgments and tax liens, the Consumer Data Industry Association said this week. The new standard will apply...
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As Consideration of PHH Corp. v. CFPB Continues, The Role of the Administrative Law Judge Emerges

March 16, 2017
Nearly all of the discussion related to the ongoing legal battle between PHH Corp. and the Consumer Financial Protection Bureau has involved either questions about the bureau’s interpretation and enforcement of the Real Estate Settlement Procedures Act or issues having to do with the constitutionality of the CFPB. But the role played by the administrative law judge early in the bureau’s enforcement action has surfaced, with potential significance in the eyes of the U.S. Court of Appeals for the District of Columbia Circuit, which recently granted the agency’s request for a rehearing by the full court. To adjudicate the matter early on, the CFPB borrowed...
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Court Rules Against Lender in MI Cancellation Dispute, Says Federal Law Overrides GSE Servicing Guidelines

March 16, 2017
A borrower seeking cancellation of private mortgage insurance prevailed last week in a lawsuit against JPMorgan Chase. The appeals court noted that federal law regarding standards for MI cancellation overrides Fannie Mae’s servicing guidelines. The case of Ginnine Fried v. JPMorgan Chase centers on how to calculate a borrower’s loan-to-value ratio when allowing for MI cancellation after the LTV ratio falls below 80.0 percent. The borrower filed...
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FCC Weighs Revised Phone-Contact Standards That Could Interfere with Mortgage Business

March 16, 2017
A request from two consumers for changes to the Telephone Consumer Protection Act would interfere with mortgage origination and servicing operations, according to the Consumer Mortgage Coalition. The CMC submitted a comment letter to the Federal Communications Commission late last week in response to a petition submitted to the FCC in January. The petition called for the FCC to re-write parts of the TCPA and require express consent to be in writing from consumers regarding certain communications from companies, including mortgage lenders and servicers. The petition would define express consent as not being provided even when a person to be called knowingly provides a phone number to a lender on a loan application. Anne Canfield, executive director of the CMC, said...
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Wholesale-Brokers Saw Biggest Gains in Agency Market Last Year, But Retail Was Still King

March 16, 2017
Fannie Mae, Freddie Mac and Ginnie Mae securitized $183.69 billion of newly originated mortgages produced through the wholesale-broker channel last year, a new Inside Mortgage Finance analysis reveals. That was up 22.2 percent from 2015 volume, the biggest increase among the three mortgage-production channels. The biggest increase for broker originations was in Fannie mortgage-backed securities, rising 31.5 percent from 2015, accounting for 12.2 percent of the government-sponsored enterprise’s MBS issuance last year. The dataset includes only purchase and refinance loans that were securitized within six months of origination, and it excludes mortgages with no channel identification. Brokers earned...[Includes two data tables]
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Correspondent Channel Lost Some Share of Gov’t Market in 2016

March 15, 2017
John Bancroft
The banking industry continued to backpedal away from the business of servicing home mortgages for other investors during 2016, according to an exclusive new Inside Mortgage Trends analysis of call-report data....
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Corporate Tax Reform Could Complicate Recapitalizing Fannie and Freddie

March 15, 2017
Carisa Chappell
Fannie Mae and Freddie Mac could have a harder time recapitalizing if their deferred tax assets are negatively impacted by corporate tax reform, according to one GSE spectator....
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Industry Groups Call for Changes to National Flood Insurance Program

March 15, 2017
George Brooks
The Mortgage Bankers Association this week urged Congress to support two bills that would make major changes to the National Flood Insurance Program, including clarification that would make private flood insurance acceptable to mortgage lenders....
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