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SCOTUS Agrees to Review DOL’s Flip-Flop Interpretation of Regulations Regarding Overtime Eligibility of Loan Officers

June 26, 2014
The U.S. Supreme Court has agreed to consolidate and review two related cases regarding the Department of Labor’s 2010 regulatory interpretation under the Fair Labor Standards Act (FLSA) that mortgage loan officers are not exempt from minimum wage and overtime requirements. A SCOTUS opinion would put to rest a dispute among the circuit courts as to whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter a previous interpretation of the FLSA. The high court’s decision will certainly impact...
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Short Takes: FHFA Moving Closer on a Risk-to-Capital Ratio for MI Firms? / Does Sterling Still Love Prospect Mortgage? / Delinquencies Hit a Multi-Year Low / Is the MSR ‘Trade’ Getting Old? / Pete Carroll’s New Director Job

June 26, 2014
Paul Muolo
What does the future hold for the hedge fund-owned Prospect Mortgage?
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Did the NY-DFS Throw a Monkey Wrench Into the Legacy MSR Market?

June 25, 2014
Paul Muolo
The market for large "legacy" MSR deals appears to be ice cold. Then again, last week there were rumors that a $50 billion transaction might be in the works.
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Fannie and Freddie Were Overcharged $158M for Force-Placed Insurance; But Will FHFA Sue?

June 25, 2014
Charles Wisniowski
The FHFA will weigh the merits of taking legal action against vendors, but could take upwards of 12 months to make a final decision.
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States May Act on Capital Requirements for Nonbank Servicers

June 25, 2014
Brandon Ivey
How much capital should nonbank mortgage servicers be required to have? The question is getting louder and louder.
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Will Mortgage REITs Lose a Cheap Source of Funding at the FHLB Window?

June 25, 2014
Paul Muolo
Mortgage REITs found a cheap source of funding in the Federal Home Loan Bank system. But will the FHFA permanently block their access or just restrict it?
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Another Credit Union Offering No-Downpayment Mortgages, No MI Needed

June 25, 2014
Brandon Ivey
Credit unions that originate no downpayment mortgages almost always keep the loans in portfolio.
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Short Takes: Did Ocwen Off-Load Some Servicing to Cenlar? / Wholesalers Capping Broker Compensation at 2.2 Percent? / The Final Squeezing of the HARP Grapes? / A Kinder, Gentler CFPB?

June 25, 2014
Paul Muolo
We talked a handful of wholesalers and were told the figure is much lower – in the range of 2.2 percent to 2.5 percent. Broker-sourced loans account for less than 10 percent of all loans funded today,
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Lenders Using Independent Advisors to Ensure QM Conformity

June 24, 2014
Thomas Ressler
When in doubt, hire an outside QM/ATR consultant to assure compliance.
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New, Small Lenders in Jumbo MBS a Concern for Investors

June 24, 2014
Brandon Ivey
Some rating agencies fear that many of the jumbo entrants not only lack historical loan performance data, but have not yet established track records for remedying representation and warranty breaches.
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