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U.S. Judge Overturns HUD Suspension of Allied Mortgage

November 18, 2011
A federal judge in Houston ruled that Allied Home Mortgage Corp. can continue to originate and underwrite FHA-insured loans, putting into question the validity of the Department of Housing and Urban Development’s suspension of the lender’s FHA privileges. U.S. District Court Judge Melinda Harmon, in a 22-page decision issued filed on Nov. 15, said the “potential destruction” of Allied’s business outweighs any harm the government would suffer before the issues can be litigated.
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HUD Plans Big Study on Pre-Purchase Counseling

November 18, 2011
The Department of Housing and Urban Development plans to conduct a comprehensive study on the impact of pre-purchase homeownership counseling based on results for low- and moderate-income first-time FHA homebuyers.
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HECM Claims Rise in 2011, Originations Decline

November 18, 2011
Home Equity Conversion Mortgage claims increased by a whopping 48.3 percent in FY 2011 from last year, while the number of loans originated under the program also fell on a year-over-year basis, according to Inside FHA Lending’s analysis of FHA data. HECM claims were up to 7,951 in 2011 compared to 5,361 claims filed under the program the year before.
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Lenders Return to Wholesale to Help Meet Surging Refi Demand During Third Quarter

November 17, 2011
Despite several high-profile retreats from the wholesale production channel in recent months, the mortgage industry was pressed to rely more on mortgage brokers and correspondents to meet the increased consumer demand for refinance loans during the third quarter. A new Inside Mortgage Finance analysis and ranking reveals that wholesale loan production increased by 27.7 percent from the second quarter, while the still-dominant retail channel posted a more modest 15.2 percent gain. Many companies have been paring back their retail capacity during 2011 as origination volumes fell sharply through...(Includes four data charts)
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HUD Proposes Clarification of Method For Resolving Disparate Impact Charges

November 17, 2011
The Obama administration this week proposed a new rule that would establish uniform procedures for the resolution of disparate impact allegations under the Fair Housing Act at a time when the whole legal underpinnings of disparate impact are slated for review by the U. S. Supreme Court. In a proposed rule that has been in preparation for months, the Department of Housing and Urban Development argued that it has the authority to apply the disparate impact theory of discrimination in the context of fair housing, including fair lending charges. The purpose of the proposed rule, HUD says, is to clear up uncertainty about...
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HARP 2.0 Expected to Have Modest Impact As Analysts Weigh Newly Released Details

November 17, 2011
Although some changes under the revised Home Affordable Refinance Program will take effect as early as next month, key features such as automated underwriting and new securitization executions will not be available until well into 2012. Observers found no surprises in the HARP 2.0 seller-servicer bulletins issued this week by Fannie Mae and Freddie Mac, and most expect only a modest expansion in program activity. In many cases, the new rules reflect a standardization of the existing programs offered by the government-sponsored enterprises. Among the new changes are a lifting of the existing 125 percent...
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FHFA, Fannie, Freddie Warn Congress Against Cutting GSE Pay or Risk Staff Turnover, Safety & Soundness

November 17, 2011
Slashing the pay of Fannie Mae and Freddie Mac executives would almost certainly lead to an accelerated brain drain and increased losses that would have to be covered by taxpayers, said the heads of the two government-sponsored enterprises and their regulator during hearings on Capitol Hill this week. It’s a tough sell. The House Financial Services Committee this week approved legislation to suspend bonus payments to top GSE officials and move Fannie and Freddie to a government pay scale. Federal Housing Finance Agency Acting Director Edward DeMarco appeared before the Senate Banking, Housing and Urban...
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Opinions Divided on State of FHA’s MMI Fund as Capital Reserves Deteriorate Further in FY 2011

November 17, 2011
A significant drop in the FHA’s Mutual Mortgage Insurance Fund’s excess capital reserve has renewed calls for a smaller FHA and a limited government role in the mortgage market, even as opponents argued for the agency to remain on track and continue insuring high-quality loans. The annual actuarial report on the condition of the MMI Fund released this week revealed that the fund’s capital reserves dropped from 0.50 percent at the end of fiscal 2010 to 0.24 percent as of the end of September, the close of the government’s 2011 fiscal year. The program is required to have minimum capital reserves of 2.00 percent. The FHA was...
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Industry Groups Want Role in Building New Mortgage Consumer Complaint Infrastructure

November 17, 2011
The new system built by the Consumer Financial Protection Bureau to process consumer complaints about their mortgages needs to be fixed before it becomes operational, industry groups say. In a joint letter to the CFPB, the American Bankers Association, Consumer Bankers Association, Financial Services Roundtable and its Housing Policy Council and Mortgage Bankers Association said the bureau should consult with financial services companies, which have in place a range of systems to address consumer complaints. “We believe that CFPB should provide a more transparent process that allows all stakeholders...
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Senate Finally Gets a Covered Bonds Bill, But Will the FDIC’s Concerns Be Resolved?

November 11, 2011
After years of on-again, off-again activity behind the scenes while the House of Representatives has repeatedly taken tentative steps toward creating a covered bond marketplace, the Senate finally got into the game with the introduction this week of legislation nearly identical to the bill introduced in the House earlier this year. On Wednesday, a small bipartisan group from the Senate Banking, Housing and Urban Affairs Committee introduced the “United States Covered Bond Act of 2011,” which is designed to create a legislative framework to expand funding options for U.S. financial institutions. Co-sponsors include...
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