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ASF Conferees Weigh Prospects for Housing, Rebound, Less Agency Mortgage Dominance

January 27, 2012
The U.S. residential housing market used to provide the lion’s share of business for non-agency asset securitization, but experts at this week’s American Securitization Forum say it will take years for the sorely damaged housing market to recover and the nationalized mortgage finance system to be overhauled. Supply and demand fundamentals in the housing market are severely broken, said Laurie Goodman, senior managing director at Amherst Securities Group. There are some 2.9 million borrowers in foreclosure or more than 12 months delinquent, plus another 400,000 units of real estate-owned properties. With...
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For Some Mortgage Insurers, Staying in Business Means Waivers, Other Relief from Regulators, Fannie and Freddie

January 26, 2012
A cloud of uncertainty continues to hang over the private mortgage insurance industry as companies struggled to get new capital waivers and other relief from their state insurance regulators to stay in business. This week, Mortgage Guaranty Insurance Corp. announced a new two-year waiver from regulatory capital requirements from the Office of the Insurance Commissioner for the State of Wisconsin, which would allow it to write new business through Dec. 31, 2013. The waiver approved on Jan. 23 came after the previous waiver expired at the end of last year. As did the prior order, the new waiver allows MGIC to...
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FHFA Study: Principal Reduction Would Cost Taxpayers $100 Billion; GSEs Better Equipped for Forbearance

January 26, 2012
With a price tag of $100 billion required to forgive the principal of underwater Fannie Mae and Freddie Mac mortgages, the best bet for the government-sponsored enterprises and for taxpayers is for the GSEs to pursue a policy of principal forbearance, the Federal Housing Finance Agency said. This week, the FHFA released its analysis conducted in 2010 following numerous requests and an eventual threat of subpoena by House Democrats. The agency’s number crunchers found that “principal reduction never serves the long-term interest of the taxpayer when compared to foreclosure.” As of June 30, 2011, Fannie and Freddie...
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Lenders Warn that Non-Agency Transition Will Impact Borrowers

January 26, 2012
The transition to a housing market not completely dominated by agency financing will result in higher costs for borrowers, according to some industry participants at the American Securitization Forum annual conference held this week in Las Vegas. Even proposed risk sharing between non-agency mortgage-backed security investors and the government-sponsored enterprises is cause for concern.“I just don’t see it working all that well,” said Garry Cipponeri, a senior vice president and director of capital markets at Chase Mortgage Banking. He suggested that risk sharing could ultimately...
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HUD Stands Firm on Indemnification Rule, Lenders Fear Greater Repurchase Liability

January 26, 2012
The Department of Housing and Urban Development rejected a number of industry recommendations to ease the impact of new lender indemnification regulations. The final rule imposes indemnification provisions on all FHA lenders with Lender Insurance authority and revises the methods determining an acceptable claim and default rate. It also amends the two-year performance requirements for considering mortgagees for Lender Insurance (LI) authority in connection with a merger, acquisition or reorganization. The primary change under the new rule is that all direct endorsement lenders with LI authority...
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House GOP Presses CFPB for More Transparency, Director Cordray Emphasizes Outreach to Industry

January 26, 2012
Richard Cordray, the new director of the Consumer Financial Protection Bureau, this week parried with a key House Republican over disclosure of the agency’s regulatory agenda, a lengthy to-do list that was virtually dictated by Congress in the Dodd-Frank Act. “Since the onset of the financial crisis, members of Congress have heard from businesses of all sizes that markets ... need certainty. In this regard, the CFPB has failed the test,” said Rep. Patrick McHenry, R-NC, chairman of the House Oversight and Government Reform Subcommittee on TARP, Financial Services and Bailouts of Public and Private...
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Report Puts Price Tag for AG Settlement at $25 Billion, Foreclosed Borrowers Would Pass Go, Collect $1,800

January 26, 2012
The never-ending board game over mortgage foreclosure processing errors flailed through another week of meetings between state attorneys general, top lenders and federal officials that were so “informal” many didn’t confirm that they were in attendance. A leaked copy of a new draft settlement indicates that the latest offer on the table includes $17 billion in principal reductions and a $5 billion reserve account for state and federal programs. According to the Associated Press, some of that account would pay for $1,800 checks to homeowners affected by banks’ deceptive practices. Another $3...
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Obama Proposes Bank Fees to Pay For Non-Agency Refinancing, New Mortgage Investigation Effort

January 26, 2012
President Obama used his State of the Union address this week to announce a new federal-state law enforcement project aimed at mortgage origination and securitization practices and to propose a broad federal refinance program for performing underwater non-agency mortgages that would be funded with fees imposed on banks. Most observers say the refi proposal stands little chance in Congress and is mostly a campaign tool aimed at banks and the track record of Republican lawmakers. “I’m sending this Congress a plan that gives every responsible homeowner the chance to save about $3,000 a...
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Fourth-Quarter Rally Still Leaves 2011 Originations at Lowest Level in 11 Years

January 26, 2012
Originations of 1-4 family residential mortgages rose by a substantial 19.4 percent at the end of last year, but 2011 still ranked as the worst year for new production activity since year 2000. Mortgage lenders produced an estimated $1.35 trillion of home loans last year, down 17.2 percent from the total in 2010, according to Inside Mortgage Finance. Production hit a low spot during the second quarter, when just $280.0 billion in new mortgages were originated – the weakest quarter since financial markets seized up at the end of 2008. New record lows in mortgage interest...(Includes two data charts)
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Do Exam Procedures Tilt Against Nonbanks?

January 23, 2012
The newly empowered Consumer Financial Protection Bureau is wasting no time jumping into its oversight of mortgage origination practices and procedures at banks and nonbanks alike, issuing a set of M.O. examination procedures that will be used to put mortgage lenders and brokers under a compliance magnifying lens. But one industry attorney warns that in doing so, the CFPB has tilted the playing field against nonbank mortgage originators. CFPB Director Richard Cordray said the CFPB’s supervision of nonbank mortgage originators will “illuminate the entire marketplace by making nonbanks play by ...
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