Fannie Mae and Freddie Mac late last week announced another round of changes in the Home Affordable Refinance Program for underwater borrowers, including more liberal repurchase standards that some say may spur lenders to refinance other servicers’ loans. For HARP loans sold to the government-sponsored enterprises on or after Jan. 1, 2013, repurchase risk will be lowered if the borrower stays current in the loan for 12 months. Under a revised repurchase policy announced last week, representation and warranty risk will be eased for non-HARP loans that stay current for 36 months. Effectively immediately, the government-sponsored enterprises reduced...

The Mortgage Bankers Association, the Leading Builders of America and the Real Estate Services Providers Council Inc. joined together to express “profound concern” to the Consumer Financial Protection Bureau regarding the agency’s proposed treatment of fees paid to affiliated settlement service providers under the Home Ownership and Equity Protection Act. “We strongly support a competitive mortgage market where builders and lenders large and small, as well as unaffiliated and affiliated third-party settlement providers...

The Community Mortgage Banking Project, the Housing Policy Council of The Financial Services Roundtable, and the Mortgage Bankers Association recently expressed concern to the Consumer Financial Protection Bureau about some aspects of the agency’s proposed rulemaking on high-cost mortgages that would implement changes to the Home Ownership and Equity Protection Act as per the Dodd-Frank Act. The changes would establish new definitions of points and fees and prepayment penalties as well as new restrictions and requirements...

Sixteen industry trade groups urged the Consumer Financial Protection Bureau to abandon a proposal to create a new, higher “all in” annual percentage rate calculation that would include additional fees and charges. The APR measure is one part of the CFPB’s massive proposed rule designed to streamline and harmonize mortgage disclosure requirements under the Truth in Lending Act and Real Estate Settlement Procedures Act. The trade groups pointed out that the bureau’s own research indicates that consumers confuse the APR...

The federal government thought that Bank of America went too far in documenting the income of a handful of borrowers with disabilities to make sure they could pay on their mortgages. That’s going to cost the lender an aggregate amount yet to be determined, as well as force the lender to change some of its underwriting practices, even though Bank of America insists it was following policy established by the Department of Housing and Urban Development. Bank of America reached an agreement with the Department of Justice last week that...

In another sign of just how anxious the mortgage lending community is about the Consumer Financial Protection Bureau’s pending ability-to-repay rulemaking, especially the aspects that deal with qualified mortgages, the leading industry trade groups again wrote to CFPB Director Richard Cordray late last week to reiterate their views and concerns. In particular, they said they wanted to express their continued strong support for a QM that meets three critical requirements, the first of which is that the QM “must be broadly...

The first six months of 2012 saw heightened activity in FHA’s Streamline Refinancing as borrowers scrambled to take advantage of the program’s lower insurance premiums. Streamline refi originations jumped 90.5 percent during the last two quarters compared to volume reported over the same period last year. Production rose 13.5 percent from the first to the second quarter. Volume increases have been amazing since the third quarter of last year, when lenders reported $4.7 billion in total streamline refi originations. Since that period, production leapfrogged to ... (1 chart)

Legislation was introduced this week in the House of Representatives that would effectively neutralize a proposal for local governments to use “eminent domain” powers to seize underwater mortgage loans and perform controversial modifications. Rep. John Campbell, R-CA, has introduced The Defending American Taxpayers from Abusive Government Takings Act, which would prohibit the FHA and VA from originating, insuring or guaranteeing a mortgage loan in jurisdictions that have invoked the power of eminent domain to seize a loan within the last 10 years. Fannie Mae and Freddie would be subjected to ...

An approved FHA lender in Brentwood, TN, is reporting a mini boom in its FHA refinance business, thanks to the FHA Streamline Refinance program. Churchill Mortgage, a provider of conventional and government-backed loans in 26 states, has reported a 540 percent increase in its FHA refi business through the agency’s streamline program. According to Matt Clarke, chief operating officer, Churchill Mortgage is expecting this year to top last year’s FHA refi production as well as its FHA streamline originations. In 2011, the company reported an estimated ...

SunTrust Banks, Inc. is planning to shift $3 billion of loans, including an undetermined number of delinquent Ginnie Mae loans and other nonperforming loans, to its held-for-sale portfolio and record a $375 million provision for mortgage repurchases in the third quarter of 2012. The moves are expected to strengthen SunTrust’s mortgage portfolio and put the company in a better position by improving its risk profile and balance sheet and stabilizing its capital ratios. The $3 billion transfer of loans to the held-for-sale (HFS) category will include ... (1 chart)