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Lehman Brothers Asks Bankruptcy Court to Reject Freddie’s ‘Priority’ Claim, Court Dismisses UBS Suit

September 20, 2013
Five years after it filed for Chapter 11 protection, the remains of the investment bank Lehman Brothers is asking a New York bankruptcy judge to rebuff a legal claim by Freddie Mac that would put the GSE at the front of the line of creditors. In papers filed with U.S. Bankruptcy Court in Manhattan last week, Lehman Brothers Holdings Inc. said that Freddie is not entitled to a “priority recovery” under Lehman’s confirmed plan of reorganization as the GSE seeks to recover $1.2 billion in unpaid loans. Freddie had been...
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Mortgage Attorneys Express Concern Over Implementation of ATR/QM Rule

September 20, 2013
George Brooks
The industry believes there are problems in the QM rule's content and requirements as well as in developing policies and procedures to support the measure and implement it.
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What We’re Hearing: Lower GSE Loan Limits Effective End of 1Q? / A Nonbank Offering Stand-Alone Seconds / More Jumbo Lenders Go to 10 Percent Down / Wells Fargo Still In Love With Mortgages? / Wingspan Spreads its Wings Again

September 20, 2013
Paul Muolo
The implementation date for lower GSE loan limits is being shifted to the end of the first quarter, or so we hear. Meanwhile, Citadel enters the market for stand-alone seconds.
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Lower Loan Limit Would Shrink Agency Footprint, Test Non-Agency Capacity

September 20, 2013
A reduction in agency loan limits would make a small portion of today’s mortgage market ineligible for the government-sponsored enterprises, according to a new analysis by Inside Nonconforming Markets. However, industry participants suggest that lower loan limits will help increase participation in the non-agency market and test whether the sector can take even more share from Fannie Mae and Freddie Mac. Mortgages with loan balances greater than $417,000 accounted for ... [Includes one data chart]
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Jumbo Underwriting Standards Loosening

September 20, 2013
Lenders have started to loosen their underwriting standards for jumbo mortgages in an effort to increase originations for borrowers who have performed exceptionally well in recent years. Loan-to-value ratio requirements in particular have loosened, allowing for lower downpayments or increased use of second liens. After the non-agency mortgage-backed security market collapsed in 2008, combined LTV ratios of 70 percent were common for jumbos as lenders looked to prevent pricey foreclosures on ...
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Regulatory Concern About Jumbo Interest Rates

September 20, 2013
An official at the Office of the Comptroller of the Currency warned that non-agency jumbos with interest rates lower than comparable agency mortgages are a sign that banks are chasing yield. Darrin Benhart, deputy comptroller for credit and market risk, said banks are taking on more interest rate risk and credit risk to maximize returns. “We are beginning to see signs of the classic cyclicality in banking where traditional lagging indicators are improving so bankers start to layer risk back into ...
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News Briefs

September 20, 2013
Higher-priced mortgages accounted for 3.0 percent of the number of mortgages originated in 2012, according to a Federal Reserve analysis of Home Mortgage Disclosure Act Data released this week. The loans had a 3.7 percent share of HMDA originations last year and a 26.0 percent share in 2006. The Consumer Financial Protection Bureau last week finalized a number of tweaks to pending mortgage rules. Adjustments were made to the servicing rule, loan originator compensation rule, definitions for ... [Includes three briefs]
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OMB Signs Off on FHA’s Draft QM Rule

September 20, 2013
The Office of Management and Budget has cleared a proposed rule setting qualified mortgage standards for FHA-insured single-family mortgages for issuance in the coming weeks. The OMB signed off on the proposed standards on Sept. 12 and the Department of Housing and Urban Development has a few more refinements to perform before publishing the proposal for public comment. HUD declined to discuss the contents of the proposed standards or indicate a timetable for a final QM rule. Industry participants, on the other hand, said they would be surprised if ...
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Pundits Expect Good News in FY13 MMIF Audit

September 20, 2013
The end of the fiscal year is drawing near, which means in a couple of weeks the FHA again will be in the hot seat as Congress, mortgage industry participants and consumer groups pore over the results of the latest fiscal year audit of the FHA’s Mutual Mortgage Insurance Fund. This time, stakeholders might find some encouraging data, observers say. The findings of the FY 2012 actuarial review conducted by Integrated Financial Engineering, Inc. brought a lot of heat on the FHA and the Department of Housing and Urban Development, reigniting calls for FHA reforms in the House and the Senate. Reform bills are currently ...
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HUD Watchdog Slams Agency for Weak Oversight

September 20, 2013
The Department of Housing and Urban Development’s top internal cop has criticized the department before a congressional panel for its poor oversight of FHA’s single-family programs, particularly in short sales and disposition of real estate-owned properties. Testifying before the House Financial Services Subcommittee on Oversight and Investigations, HUD Inspector General David Montoya said the department continues to face challenges in ensuring its single-family programs benefit eligible participants and are not paying improper claims. In a recent review of FHA’s preforeclosure sales program, the IG estimated that ...
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