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Lenders Seek More Clarity on Representations And Warranties; FHFA Says Refinements Possible

October 31, 2013
Although Fannie Mae and Freddie Mac are working through the pile of potential repurchases related to pre-conservatorship loans, lenders remain concerned about buyback risk – even under the more lender-friendly policies that went into effect this year. “The representations and warranties framework we have in this industry absolutely does not work,” said Brian Fitzpatrick, president and CEO of LoanLogics, during a panel session at this week’s annual convention of the Mortgage Bankers Association. The new reps-and-warranties framework devised by the Federal Housing Finance Agency in January provides...
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MSR Deals Red Hot: RCS, EverBank, Walter and Two Harbors Active

October 31, 2013
Paul Muolo
Early Thursday, EverBank disclosed that it is selling $13.4 billion of Ginnie Mae servicing rights, while transferring $6.9 billion in subservicing to Walter Investment Management Corp.
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Servicing Sales Heat Up: Flagstar May Sell $60 Billion, Citi and Wells Are Also Active

October 31, 2013
The long-rumored sale of roughly $60 billion in mortgage servicing rights by Flagstar Bancorp is likely to get signed in the fourth quarter, but the bank continues to be coy about which investor it’s negotiating with. According to servicing advisors familiar with the transaction, Two Harbors Investment Corp. has been talking to the thrift about buying MSRs, but at press time it was unclear if the real estate investment trust is the winning bidder on the deal. Officials from both firms declined to comment. Flagstar, in a recent earnings call, confirmed...
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Lenders Seek Changes to QRM Proposed Rule Beyond Push for No Downpayment Requirements

October 31, 2013
There’s more to federal regulators’ risk-retention proposed rule and qualified residential mortgage requirements than the 30 percent downpayment option that the industry has strongly pushed back against. Lenders are also concerned about proposed disclosure requirements, horizontal risk retention and sunset provisions for risk-retention requirements. In August, six federal regulators issued a revised proposed rule for risk-retention requirements mandated by the Dodd-Frank Act. Non-agency securities backed by mortgages that don’t meet QRM requirements will be subject to required risk retention of at least 5 percent by the issuer or contributing lenders. If regulators conform the definition for QRMs with the standards for qualified mortgages established by the Consumer Financial Protection Bureau, more than 95 percent of originations will meet...
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Limiting FHA Mission to Eliminate Taxpayer Risk Would Do More Harm than Good, Warns Galante

October 31, 2013
Efforts to redefine the FHA’s mission under the pretense of eliminating taxpayer risk would be counterproductive to the goal of housing finance reform, warned FHA Commissioner Carol Galante. In recent remarks to a housing reform forum in Washington, DC, Galante said that while housing reform is necessary, restricting the FHA’s ability to perform its dual mission in response to perceived risk is not the way to go. This type of over-correction would damage access to affordable credit, she cautioned. Apparently referring to pending House Republican reform proposals for the government-sponsored enterprises and the FHA, Galante said...
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Industry Reps Suggest Numerous Reforms to Housing Finance System as Legislation is Pending in Congress

October 31, 2013
In a sign that Senate leaders are continuing their work on comprehensive housing finance reform, representatives of the mortgage lending industry were given an opportunity this week to opine on the exact features such a package should have, and they took full advantage of it. Gary Thomas, president of the National Association of Realtors, speaking before the Senate Banking, Housing and Urban Affairs Committee, offered a baker’s dozen of specific proposals for elements of a future finance system, including an “efficient and adequately regulated secondary market,” which he said is essential to providing affordable mortgages to consumers. Also, the government-sponsored enterprise system “with private profits and taxpayer loss” must be replaced...
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Short Takes: The FHA MMI Audit Will be Late / Well, At Least Carrington Likes Wholesale / Structured Finance Trade Group Sees Membership Soar / Home Prices Continue to Rise: CoreLogic / The White House Will Keep Trying on Mel Watt for the FHFA Job

October 31, 2013
Brandon Ivey, Paul Muolo, and Charles Wisniowski
The audit of the FHA's MMI fund should be ready by Christmas, not Thanksgiving.
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Are Nationstar, Ocwen and Walter Growing Too Fast?

October 30, 2013
Brandon Ivey
Moody’s believes the servicers’ transitions into mortgage originations was positive, but raised concerns about declining refinance opportunities, competition with banks and the potential for nonprime originations.
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Ginnie Mae Will Closely Monitor New Issuers Using Subservicers

October 30, 2013
George Brooks
“Our concern is whether companies have the resources internally to ensure that such arrangements are working as they should,” said one Ginnie Mae official. “Is the issuer adequately protecting itself and Ginnie Mae?”
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CFPB Admits Data Breaches on Consumers Who Submitted Complaints

October 30, 2013
Thomas Ressler
Rep. Keith Rothfus, R-PA, brought the agency's breaches to the public’s attention during a hearing on CFPB reform legislation.
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