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Mixed Reactions to FHA’s Disputed Debt Policy

April 13, 2012
Mortgage industry participants have mixed views about the FHA’s revised policy on disputed debt despite a general concern over its impact on borrower eligibility and lenders’ bottom lines. This week, the FHA delayed implementation of the policy until July 1 to get more feedback from lenders and industry participants and to work on clarifying guidance. The policy’s initial effective date was April 1. Lenders felt the FHA had bypassed them when the agency decided to announce the policy revision in a Feb. 28 mortgagee letter, along with other FHA underwriting changes. Affected parties should have been able to ...
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Subprime Credit Standards Loosening Somewhat

April 13, 2012
Subprime lending standards appear to be loosening across numerous asset classes, including home loans, but it is still difficult for borrowers to get a subprime mortgage. Equifax recently reported that subprime originations have grown as of the end of 2011 compared with the end of 2010. The company’s National Consumer Credit Trends Report was produced with Moody’s Analytics, and included details on credit cards, auto finance, consumer finance, retail credit and student loans. “The evidence of increased lending to subprime consumers demonstrates banks’ ongoing efforts to ...
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Capital One Sticks With Retail Jumbo Lending

April 13, 2012
Shortly after being acquired by Capital One Financial, jumbo lender ING Direct announced last week that it will exit the wholesale business. However, Capital One stressed that the lender will continue to offer jumbos on a retail basis. ING Bank was the sixth-ranked non-agency jumbo lender in 2011, according to Inside Nonconforming Markets, with an estimated $5.04 billion in such originations. That was down 26.9 percent from the previous year. A spokesman for Capital One said exiting wholesale lending will allow Capital One to ...
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First Republic Seen as High-Quality Jumbo Lender

April 13, 2012
First Republic Bank – the primary source of loans for Redwood Trust non-agency mortgage-backed securities – has received high marks for its jumbo originations. FRB’s originations are concentrated around San Francisco, largely for wealthy borrowers. After relying on CitiMortgage for all of the loans in its first post-bust non-agency MBS issuance, Redwood has relied heavily on FRB. The lender accounted for a slight majority of the four securities totaling $1.41 billion Redwood has issued in 2011 and at the beginning of 2012 ...
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Ocwen Closes Saxon Acquisition, With Some Issues

April 13, 2012
Ocwen Financial last week completed its acquisition of mortgage servicing rights from Morgan Stanley’s Saxon Mortgage Services. Ocwen won some concessions from the seller since the sale was announced in October, though the servicer also faces criticism regarding its expanding portfolio. Ocwen acquired MSRs with an unpaid principal balance of $22.2 billion, largely comprised of non-agency mortgages. Ocwen had been subservicing $9.9 billion of the MSRs. Ocwen also acquired $2.7 billion in subservicing agreements from Saxon. The base purchase price for the Saxon transaction was ...
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CFPB Targets Servicing ‘Surprises, Runarounds’

April 13, 2012
The Consumer Financial Protection Bureau this week detailed servicing rules it will soon propose regarding disclosures to borrowers and servicing procedures. “The mortgage servicing rules we are considering reflect two basic, common sense standards – no surprises and no runarounds,” CFPB Director Richard Cordray said. “They would apply to all mortgage servicers regardless of how they are organized, including banks, thrifts, credit unions and nonbank servicers.” The rule, which will amend the Truth in Lending Act and Real Estate Settlement Procedures Act, is required by the Dodd-Frank Act. The CFPB said it will publish a proposal ...
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Moody’s Top Brass Favor CRAs Dropping Regulatory Role, Return to Market Roots

April 12, 2012
Credit rating agencies (CRAs) should return to their market roots and stop being a regulatory tool for public policy, according to a Moody’s Investors Services top executive. In recent remarks to the American European Community Association, Ray McDaniel, chief executive officer of Moody’s Corp., noted that credit ratings have grown from limited use by banks in the 1920s to something that regulators and politicians have relied upon to serve public-policy objectives for the past several decades. McDaniel said such reliance has got to stop. He said regulatory policies should be geared towards reducing any...
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Covered Bonds Legislation Gets Close But No Cigar, Proponents Have to Wait for November Elections

April 12, 2012
Congressional supporters of creating a legislative framework for a covered bonds market in the U.S. fell short in an attempt to get covered bond provisions attached to the Jumpstart Our Business Startups (JOBS) Act approved by Congress before lawmakers broke for spring break. The JOBS Act was signed by President Obama last week and contains provisions to help companies go public, raise capital privately and remain private longer, as well as making a number of significant changes to the Securities Act of 1933 and the Securities Exchange Act of 1934. But it does not contain any of the provisions...
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Fracking Moratorium Could Get Messy For Mortgage Lending in Certain States

April 12, 2012
Fannie Mae and Freddie Mac have generally made exceptions to their own rule regarding title impediments for properties with oil, gas, water or mineral rights, though new environmental disputes over hydraulic fracturing may change that, with “confounding implications for a particular region’s lenders,” said rating service DBRS. While contracts that allow for parties other than the property owner to utilize the land often complicate matters, the profitability of leases for resources like natural gas make those properties more attractive, because “the lease would generate income the borrower could apply...
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Correspondent Lending Still Played Major Role in 2011 Production Despite Retreat by Several Wholesalers

April 12, 2012
Although Bank of America famously shut down its huge correspondent program last year, joining a trend already under way, only two thirds of home mortgages originated in 2011 were manufactured through “direct” channels by retail programs and mortgage brokers. Wells Fargo topped the ranking of direct mortgage originators with $209.8 billion in volume in 2011. That represented 15.5 percent of the industry’s total mortgage originations, significantly lower than the company’s 26.8 percent market share when correspondent production is included. Bank of America’s direct originations...(Includes two data charts)
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