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Non-Agency MBS Interests Tell Lawmakers Clear, Uniform Standards Will Lure Back Wary Private Market Investors

September 9, 2011
The securitization market needs less uncertainty and a great deal more transparency in order to restore investor confidence and lure back private capital, industry executives told members of the House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises. Witnesses testifying before the subcommittee, which held a field hearing in New York City, said the state of the securitization market remains uncertain, not just due to government subsidies crowding out any private sector action but also because hesitant investors do not yet see much improvement in the opaque environment that led to the...
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Fed Orders Goldman Sachs to Audit Foreclosures, Reimburse Borrowers; Monetary Penalties Pending

September 9, 2011
Goldman Sachs has been ordered to retain an independent consultant to review foreclosure proceedings initiated by its former subsidiary, Litton Loan Servicing LP, under a formal enforcement action announced by the Federal Reserve Board last week. The firm was also required to provide financial remediation to affected borrowers. Additional monetary penalties are likely to be announced shortly. The Fed said it was acting against Goldman Sachs “to address a pattern of misconduct and negligence relating to deficient practices in residential mortgage loan servicing and foreclosure processing” involving Litton. Goldman sold...
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Non-Agency Jumbo Lending Down In 2Q11, But Increase Anticipated

September 9, 2011
Originations of non-agency jumbo mortgages declined in the second quarter of 2011, along with the rest of the mortgage market, but a new ranking and analysis by Inside Nonconforming Markets shows the jumbo sector still running higher than the pace in the first half of last year. Moreover, a number of lenders have boosted their jumbo originations or are looking to expand into the market as conforming loan limits are set to decrease. ... [includes one data chart]
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New Penn Launches Correspondent Channel

September 9, 2011
New Penn Financial continued to expand its non-agency offerings this week with the launch of a correspondent channel. The lender said it will buy non-agency mortgages from approved clients and hold the loans in portfolio. “There are limited options today for correspondent lenders to originate high quality loans that do not fit agency standards,” said Bob Wexler, head of New Penn’s correspondent division. “New Penn’s proprietary loan programs fill a major gap in today’s market and the correspondent channel helps us reach more of these borrowers.” ...
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Mortgage REITs Defend Business Practices for SEC

September 9, 2011
Real estate investment trusts that invest in mortgage-backed securities are on the defensive after the Securities and Exchange Commission said last week that it is considering revising rules for mortgage REITs. “Mortgage REITs provide private capital to these markets, while allowing individual investors to opt in or out of the associated risks,” Thomas Siering, president and CEO of Two Harbors Investment, said this week in a letter to the REIT’s shareholders. ...
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Litton Purchase Comes with Constraints for Ocwen

September 9, 2011
Ocwen Financial’s purchase of Litton Loan Servicing at the beginning of this month was contingent on the non-prime servicer implementing new practices based on an agreement with New York regulators. The Federal Reserve also took an enforcement action against Goldman Sachs last week relating to Litton’s servicing practices. “Our agreement sets a new higher standard for the residential mortgage servicing industry,” said Benjamin Lawsky, New York’s superintendent of financial services. “Goldman Sachs, Ocwen and Litton have now all agreed to put the rights of homeowners ahead of their profit margins by implementing these changes.” ...
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News Briefs

September 9, 2011
Kinecta Federal Credit Union launched a new asset utilization loan program for jumbo mortgages last week, continuing the trend of innovative offerings from credit unions. The program allows borrowers with high net worth and significant liquid assets, including self-employed and retired borrowers, to use a percentage of their assets as income for qualifying purposes. ... [includes three briefs]
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FHA Argues Against Raising Downpayment

September 9, 2011
The Department of Housing and Urban Development is urging Congress not to raise the minimum downpayment on FHA mortgage loans, saying that downpayments are not the best indicator of loan defaults. Testifying before the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity, Acting Assistant Secretary for Housing/FHA Commissioner Carol Galante warned that a legislative proposal to raise FHA’s minimum downpayment requirement to 5 percent would forestall recovery in the housing market and restrict access to credit for worthy borrowers. Galante said HUD has not made any determination as to ...
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HUD Weighs MBA Concerns About Forbearance Policy

September 9, 2011
The Department of Housing and Urban Development is pondering its next move after discussing with mortgage industry representatives their concerns about extending the current forbearance period for unemployed homeowners to a maximum of 12 months. HUD and FHA officials met recently with the Mortgage Bankers Association and several small mortgage servicers, which took issue with FHA’s recently revised forbearance policy. HUD declined to discuss the outcome of the meeting, saying it was more about understanding the industry’s concerns and discussing solutions. “No decision has been made as to whether we can or will make any changes, but we are looking into the issues they have raised,” said a HUD spokesman. On July 7, the FHA announced ...
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Cutbacks Raise Loss Expectations on FHA/VA Pools

September 9, 2011
Losses on re-performing FHA/VA mortgage pools are expected to rise as servicers cut back on the claims they submit to the Department of Housing and Urban Development and pass on to mortgage securitization trusts instead, according to a recent analysis by Moody’s Investors Service. With FHA experiencing increasing losses in its portfolio, HUD is scrutinizing claims more vigorously for servicing or underwriting defects, which may serve as a basis for denying claims on re-performing FHA/VA pools. Servicers are also required to bring the property to an acceptable conveyance condition. Furthermore, HUD imposes very strict timeline guidelines that FHA servicers must follow. Given the recent servicing irregularities and staffing constraints due to rising defaults, servicers may not always ...
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