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New RESPA-TILA Rule is Here – But Implementation May Not be Easy

November 21, 2013
Thomas Ressler
Mortgage industry officials note that the size and complexity of the disclosure rules and other regulations taking effect in January will cause huge operational and system challenges.
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Stonegate Mortgage Inks Deal to Buy California Lender

November 21, 2013
Paul Muolo
At the closing of the sale of Crossline, $500,000 will be held back to cover the CEO's indemnification obligations.
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Lenders Catch a Break as CFPB Issues Mortgage Disclosure Rule With 20-Month Phase-in Period

November 21, 2013
Mortgage lenders will have until Aug. 1, 2015, to implement the new integrated mortgage-disclosure forms and related rule issued by the Consumer Financial Protection Bureau this week. The new forms will replace the existing federal disclosures under the Real Estate Settlement Procedures Act and the Truth in Lending Act. Bureau officials hope they will help consumers better understand their options, choose the deal that’s best for them, and avoid costly surprises at closing. The new, three-page loan estimate form will be provided...
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More Hedge Funds Expected to Place Bets on Fannie and Freddie Common and Preferred

November 21, 2013
Private-equity firms such as Pershing Square Capital Management and Fairholme Funds are gobbling up the common and preferred shares of Fannie Mae and Freddie Mac, a trend that may continue as long as the two stay profitable and Congress dithers with how to end their conservatorships. “There’s some value there,” said Brian Harris, a senior analyst with Moody’s Investors Service. “The hedge funds believe the two will continue to earn money.” Industry observers who closely follow the government-sponsored enterprises predict...
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CBO: Increasing GSE G-Fees, ‘Incrementally’ Reducing Loan Limits Could Save Government $20B Over Decade

November 21, 2013
Increasing Fannie Mae and Freddie Mac guaranty fees, as well as “incrementally” reducing the government-sponsored enterprises’ loan limits throughout the next decade, would save the government approximately $20 billion, according to the Congressional Budget Office. In a report published last week, the CBO projected the budgetary savings that would occur under two proposals. “By CBO’s projections under current law, the mortgage guaranties that the GSEs issue from 2015 through 2023 will cost the federal government $22 billion,” noted the report. “That estimate reflects the subsidies inherent in the guaranties at the time they are made.” Under one scenario, the average GSE guaranty fee would increase...
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Cash Share of Home-Purchase Financing Increases, Driven Not By Investors But Current Homeowners

November 21, 2013
Current homeowners have increasingly purchased homes with cash in lieu of a mortgage in recent months, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. Analysts suggest that the trend is driven by frustrations with the mortgage process and seasonal factors. Some 28.6 percent of home purchases completed in October relied solely on cash for financing, based on the three-month moving average. That was the second consecutive monthly increase in the cash-financing share, after it fell to 26.8 percent in August. While investors predominantly use cash to purchase homes, homeowners tend...
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Short Takes: If Watt Doesn’t Make It, There’s Always Gene / Interthinx Sees Fraud Risk on Jumbos / A FHFA-Like Regulator Could Use More Powers / Carrington Expands Wholesale Reach / Liberty Home Tops HECM Lenders

November 21, 2013
George Brooks, Brandon Ivey, and Paul Muolo
Jumbo mortgages have a higher risk of fraud than conforming mortgages, according to a new report from Interthinx.
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Disparate Impact Enters Congressional Spotlight, and GOP Lawmakers May Target HUD, CFPB Policies

November 21, 2013
Republicans on Capitol Hill might be laying the groundwork for legislation that could scale back the application of the disparate impact theory of legal liability in mortgage lending. Currently, there is no active legislation to that effect pending in the U.S. House of Representatives or the Senate, and industry lobbyists said there is no such interest underfoot. But just the fact that the House Financial Services Subcommittee on Oversight and Investigations held a hearing this week on disparate impact in general had some Democrat supporters of the theory a bit anxious. “My hope is...
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M&A Advisors Urge Undercapitalized Nonbanks to Sell While They Can

November 21, 2013
With refinance volume falling and minimum net-worth requirements heading north, advisors in the mergers-and-acquisitions market say undercapitalized firms should sell now, while they still can. Larry Charbonneau, a principal of Charbonneau & Associates of Texas, said he is currently working on four deals but noted that, “There a lot of shops out there with less than $5 million in capital that need to do something but haven’t realized it yet.” Although Fannie Mae and Freddie Mac have net-worth minimums in the $3 million range, there is...
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Stakeholders Urge Congress to Address Extreme Hikes In Flood-Insurance Premiums, Delay of Rate Changes

November 21, 2013
Industry stakeholders called upon lawmakers to delay the implementation of hefty increases in flood-insurance premiums as a result of the Biggert-Waters Flood Insurance Act of 2012. However, support among lawmakers for delaying the mandated changes appear to be weak. In a hearing this week in the House Financial Services Subcommittee on Housing and Insurance, Republicans and Democrats apparently were unswayed by community advocates, academics, the National Association of Realtors and the National Association of Home Builders regarding the financial pain being inflicted by the Biggert-Waters Act on homeowners. The sudden, dramatic increase in flood insurance premiums – some by as much as 1,000 percent – are leaving...
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