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Short Takes: The Mortgage and the Damage Done – to Banks / Lower FICO Loans Increase / Who Says LPMI is Dead? / FGMC Caters to Brokerage Firms / CFPB’s New QM Webinar

December 2, 2013
Paul Muolo and Thomas Ressler
Standard & Poor’s recently published an updated estimate of likely losses stemming from mortgage-related litigation, finding that banks face future costs of $56.5 billion to $104 billion.
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CFPB Mortgage Disclosure Rule Not as ‘Transformational’ as ATR

December 2, 2013
The CFPB has gone ahead and issued the last big piece to the mortgage finance puzzle it was mandated to manufacture by the Dodd-Frank Act, the integrated mortgage-disclosure rule under the Real Estate Settlement Procedures Act and the Truth in Lending Act and related forms. The good news for the mortgage finance industry – apart from the 20-month implementation period – is that the new rule and forms, part of the bureau’s “know before you owe” initiative, are not nearly as “transformational” towards the fundamental nature of the...
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ATR/QM Rule Will Further Limit Access to Mortgages, S&P Says

December 2, 2013
The scope of the ability-to-repay/qualified mortgage final rule released earlier this year by the CFPB will make it more difficult for borrowers to obtain loans and tighten already-strict underwriting standards, according to analysts at Standard & Poor’s Ratings Services. “We anticipate that the rule will prevent many of the types of loosely underwritten mortgages that caused systemic risk during the 2006 and 2007 origination period, but may do so at the expense of limiting credit access – sometimes to qualified borrowers,” they...
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Industry Supports Bankruptcy Clarification to Servicer Rule

December 2, 2013
A handful of leading industry trade groups told the CFPB they generally support the agency’s recent interim final rule that clarifies the proper compliance with mortgage servicing requirements when a consumer is in bankruptcy or sends a cease communication request under the Fair Debt Collection Practices Act. The interim final rule, issued Oct. 23, 2013, amends some of the mortgage servicing-related provisions in Regulation X (the Real Estate Settlement Procedures Act) and Regulation Z (the Truth In Lending...
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Bureau Updates Exam Procedures To Match Revised Mortgage Rules

December 2, 2013
Late last week, the CFPB released updates to its exam procedures in connection with the new mortgage regulations issued in January 2013 and amended through Oct. 15, 2013. The updates offer financial institutions and other industry participants valuable guidance on how the bureau will conduct examinations for compliance with the Truth in Lending Act and the Real Estate Settlement Procedures Act, the agency said. The bureau updated the supervision manual to reflect the renumbering of the consumer financial protection regulations for...
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Worth Noting/Looking Ahead

December 2, 2013
Bureau Faults Financial Services Providers Over Educational Expenditures. A new study from the CFPB claims that the financial services industry spends 25 times as much money annually on marketing financial products and services to consumers each year than on financial education – $17 billion versus $670 million, respectively. According to the bureau’s modeling methodology, that shakes out to about $54 on marketing versus $2 on financial education per person per year. Richard Hunt, president and CEO of the Consumer Bankers...
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Jumbo Market Rebounds to Pre-Crash Market Share As Originations Tilt Away From Agency Programs

November 27, 2013
Fannie Mae, Freddie Mac and Ginnie Mae still provide most of the funding for home loans originated in 2013, but the non-agency sector has been making a stealthy comeback, according to a new analysis and ranking by Inside Mortgage Finance. Conventional-conforming loan production declined by 24.5 percent from the second quarter of 2013 to the third quarter, dropping to an estimated $275.0 billion. Although that still accounted for 59.8 percent of total production for the period, it was the lowest quarterly volume in conventional-conforming lending since the third quarter of 2011. Government-insured lending continued...[Includes two data charts]
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Short Takes: FY 2013 FHA Actuarial Report Out in Mid-December/ S&P: CFPB ATR-QM Standard Increases Borrower Difficulty/Fifth Third to Pay Freddie $25 Million to Settle Buybacks/MBA: Mortgage Applications Decrease

November 27, 2013
George Brooks, Thomas Ressler, and Charles Wisniowski
The Department of Housing and Urban Development expects to issue the long-anticipated FHA FY 2013 independent review of the state of the FHA’s Mutual Mortgage Insurance Fund on or before the middle of December. The report’s release was delayed due to the three-week government shutdown in October.
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Analyst: Pending Watt Nod Affected FHFA Loan-Limit Direction?

November 27, 2013
Charles Wisniowski
The once deadlocked, but now all-but-certain, confirmation of Rep. Mel Watt, D-NC, to be the new director of the Federal Housing Finance Agency has left industry observers uncertain as to the continued policy direction of the FHFA.
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FHFA Announces 2014 Loan Limits for Fannie And Freddie, But More Changes May Come

November 27, 2013
The Federal Housing Finance Agency this week announced 2014 conforming loan limits for Fannie Mae and Freddie Mac that are unchanged from those currently in place, but it’s unclear whether the agency still intends to direct the government-sponsored enterprises to set lower limits. The agency cited statutory requirements of the Housing and Economic Recovery Act of 2008 that require changes in the baseline loan limit, $417,000, based on the movement of house prices. Al-though house prices have risen over the past year, the FHFA said, they still haven’t made up all the decline since the housing market tanked in 2007. In the third quarter of 2013, the FHFA house price index was...
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