The combination of weak legal protection, a narrow definition of “qualified mortgages” and growing use of the disparate impact theory of lending discrimination is creating rifts in the mortgage banking industry and leading some companies to pull back or abandon the market altogether. The ability-to-repay rule being developed by the Consumer Financial Protection Bureau was arguably the most talked-about issue at this week’s secondary market conference held by the Mortgage Bankers Association. Its two major ingredients are a definition of qualified mortgages – loans that are underwritten to certain...

Fannie Mae posted a profit large enough to cover its government dividend payment for the first quarter of 2012, while Freddie Mac came up a little short and had to ask the government for an additional $19 million to remain solvent. Fannie reported $2.7 billion in net income during the first quarter, compared to a net loss of $2.4 billion in the fourth quarter of 2011 and a net loss of $6.5 billion in the first quarter of 2011. The company credited its better results to lower credit-related expenses, resulting from a less significant decline in home prices, a decline in the company’s inventory of real estate...

Genworth Financial this week announced some price and underwriting guideline adjustments aimed at reducing the cost of insurance for most mortgages and making the private mortgage insurer more competitive in the marketplace. Effective for applications received on or after May 14, Genworth is reducing monthly and single premium MI rates (borrower paid and lender paid), subject to state approvals. For monthly premium MI, rates are being lowered for all loans with loan-to-value ratios less than or equal to 95 percent. Rates for LTVs above 95 percent will remain the same, the company said, although new adjustments for...

Private mortgage insurers appear to be holding on to the gains in market share they began to accumulate in the middle of last year, according to a new Inside Mortgage Finance analysis. An estimated $108.61 billion of home mortgages originated in the first quarter of this year carried primary mortgage insurance, an increase of 9.4 percent from the previous quarter. That compared to a 3.8 percent drop in total single-family mortgage originations over that period. The apparent jump in primary MI market penetration to 28.2 percent is skewed somewhat by the process for...(Includes two data charts)

Private MI officials say FHA pricing changes have helped the industry regain some market share from the agency, but future gains may depend on how the federal government eventually changes its role in the mortgage market. After its most recent pricing adjustment in April of this year, the FHA does not expect to make further changes in its insurance premiums, said Charles Coulter, deputy assistant secretary at the FHA, during this week’s secondary market conference sponsored by the Mortgage Bankers Association. “We are an average pricer, and that alone creates opportunities” for private MIs, he said...

Use of Blueberry Systems’ loan origination technology, RELAY, would result in an incremental reduction in lenders’ origination cost of $287.50 per mortgage loan, an analysis of the system concluded. Deployment of the RELAY loan origination system (LOS) would show a phased increase in return-on-investment in technology in which a lender effectively captures 35 percent of the potential cost benefit in the first year after implementation, according to an independent audit performed by MarketWise Advisors. The audit evaluated the effects of the implementation of the RELAY LOS to the work flow and...

Total fair housing complaints continued to decrease in 2011 from their 20-year peak in 2008, said the National Fair Housing Alliance in an annual report of housing trends, though the group seeks clarification on a number of still-pending regulations. Private fair housing groups, like the NFHA, investigated 65 percent of the 27,092 housing discrimination cases in 2011. Disability and race made up the bulk of complaints. Local statutes prohibiting housing discrimination classes not recognized by federal law, including age, sexual orientation and marital status as the bases for complaints. Most of the complaints...

Senate Democrats are drafting legislation to force Fannie Mae and Freddie Mac to expand the Home Affordable Refinance Program for underwater borrowers even farther beyond the newly unveiled HARP 2.0. The draft legislation by Sens. Robert Menendez, D-NJ, and Barbara Boxer, D-CA, unveiled last week during a subcommittee hearing would force the GSEs to waive representations and warranties on new HARP loans regardless of whether the refi lender serviced the previous mortgage.

An independent House investigative agency has recommended the ethics case against the current chairman of the House Financial Services Committee be closed. The Office of Congressional Ethics reportedly informed Rep. Spencer Bachus, R-AL, that it found no evidence he violated insider trading rules in his stock trading activities and that it recommended to the House Ethics Committee that the case be dismissed.

A national consumer advocacy group, whose own investigation of FHA credit overlays spurred a federal probe of nearly two dozen FHA lenders, said it is keeping an eye on Fannie Mae’s and Freddie Mac’s use of loan-level price adjusters as a potential discriminatory lending practice. The National Community Reinvestment Coalition said it’s still waiting to hear from the Department of Housing and Urban Development about the results of multiple investigations HUD launched in December 2010 after NCRC found that 22 lenders set borrower credit scores as high as 640 for FHA loans, even though the FHA guarantees loans with scores as low as 580.