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Judge Denies S&P’s Motion to Split DOJ MBS Fraud Case, Allows Discovery; BofA Pays $950M to Settle With FGIC

April 18, 2014
Standard & Poor’s earned a split decision this week in its counter-offensive against the federal government’s civil fraud lawsuit filed last year, which the rating agency claims is payback for its August 2011 downgrade of the U.S.’ ‘AAA’ credit rating. The Justice Department in February 2013 filed a $5.0 billion lawsuit against S&P accusing it of knowingly inflating its ratings of residential MBS and collateralized debt obligations to boost its revenue and market share in the years leading up to the 2008 financial crisis. On Tuesday, a federal judge in the U.S. District Court in Santa Ana, CA, denied...
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Preservation of TBA Market Under Johnson-Crapo A Concern as Markup in Senate Committee Looms

April 18, 2014
The Senate Committee on Banking, Housing and Urban Affairs held more than 10 hearings last year in advance of the housing-finance reform bill introduced in March by Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID. However, the bill appears to be far from perfect, as industry participants are angling to make suggestions for changes as the committee plans a markup at the end of this month. Perhaps the biggest outstanding issue with S.1217 is that even though the Johnson-Crapo bill calls for the preservation of the to-be-announced market, the capital-markets execution contemplated under the new housing-finance system might not be compatible with TBA transactions. The Johnson-Crapo version of S. 1217 doesn’t have...
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Top GSE Sellers Falter in First Quarter of 2014

April 18, 2014
John Bancroft
The market share for the top five sellers to Fannie Mae and Freddie Mac fell to 33.3 percent in the first quarter of 2014.
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Erbey: Servicers Now Competing Based on Compliance, Not Price

April 18, 2014
Brandon Ivey
Ocwen's Bill Erbey sees the positive in recent scrutiny of nonbank servicers.
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Mortgage Hassles Keep Share of Cash Home-Purchases at High Levels

April 18, 2014
Brandon Ivey
While mostly associated with investors, a fair share of current homeowners rely on cash for home purchases as a way to avoid the hassles associated with mortgage closings.
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Short Takes: Prediction on FHA Insurance Premiums / Nonbank Servicer Grows / Donovan to Talk Housing / Outlook for Interest Rates

April 18, 2014
Brandon Ivey
The FHA's mortgage insurance premiums could be set to decline at the end of FY 2015.
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Pilot from CFPB Will Aim to Digitize the Entire Mortgage Closing Process

April 18, 2014
Thomas Ressler
The CFPB plans to launch a pilot project as part of its efforts to improve the mortgage closing process.
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Mortgage Complaints to CFPB See Big Drop From Year Ago, Mostly on Plunge in Loan-Mod Gripes

April 17, 2014
Total consumer complaints to the Consumer Financial Protection Bureau rose 34 percent year-over-year in the first quarter, but gripes about home mortgages fell 29.3 percent from year-ago levels, according to a new analysis by Inside the CFPB, an affiliated newsletter. The strong improvement from last year was driven largely by a 46.8 percent plunge in grievances about loan modifications. But complaints about servicing in general were up 21.4 percent from the first quarter of last year, while the other five mortgage-related categories were lower. Gripes having to do with loan application or other origination-related issues fell 26.7 percent from the first quarter of 2013. The number of gripes that were responded to in a timely manner fell...
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Lenders Concerned About Litigation on Non-QMs, Feel Obligated to Offer the Mortgages Anyway

April 17, 2014
About two-thirds of banks are willing to offer loans that don’t meet standards for qualified mortgages, according to a recent survey by the American Bankers Association. Lenders are concerned about the liability that comes with non-QMs, but borrower demand for non-QMs has prompted a wider range of mortgage offerings than many had projected after the Consumer Financial Protection Bureau’s QM standards took effect. “More and more, in talking to our banks, I would say there’s an increased comfort in going beyond QM, doing business the way they’ve traditionally done business and expecting to meet either the QM or the ability-to-repay standard.” said Jonathan Miller, deputy director of the Federal Deposit Insurance Corp.’s division of depositor and consumer protection. At a meeting last week by the FDIC’s Advisory Committee on Community Banking, Derek Williams, president and CEO of Columbus Community Bank, said...
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Joint Venture Pros are Wary as Market Transitions Under the Weight of Dodd-Frank, Uneven Economy

April 17, 2014
Industry joint-venture professionals are trying to stay upbeat as they feel their way around a changing economic and regulatory landscape. A number of them are pulling back somewhat as they strategize to find their niche in a recovering market and a business redefined by the Dodd-Frank Act. “As everybody here knows, there have been a long-standing number of mortgage joint ventures that have exited the business over the last couple of years,” Gerard Griesser, president of The Trident Group, said in introducing a panel of industry executives at the Real Estate Settlement Providers Council’s 2014 annual conference this week in Washington, DC. Robert Moline, president and chief operating officer at HomeServices of America, a Berkshire Hathaway affiliate based in Minneapolis, said...
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