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Glacial Shift in Mortgage Servicing Continues In Second Quarter as Top Firms Reposition

August 4, 2011
Four of the top five mortgage servicers continued to gradually pare down their portfolios during the second quarter of 2011, while Wells Fargo inched further toward the top of the industry, according to a new ranking and analysis by Inside Mortgage Finance. Absent any blockbuster mergers or servicing acquisitions over the past few years, the major trend in the servicing business has been the winding down of distressed subprime and Alt A portfolios. Bank of America, still the largest servicer in the industry, has seen its portfolio shrink steadily since ... [includes one data chart]
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National Mortgage Servicing Standards ‘Must Exempt’ Community Banks, ICBA Official Says

August 4, 2011
Community bankers are lobbying for an exemption from national mortgage servicing standards that are evolving from federal rule-makers and secondary-market investors, arguing that they could drive smaller companies out of the servicing business. Jack Hopkins, CEO of CorTrust Bank in Sioux Falls, SD, urged the Senate Banking, Housing and Urban Affairs Committee this week to exempt small banks from new guidelines being drafted by banking and consumer protection regulators. Representing the Independent Community Bankers of America, Hopkins said the increased attention on mortgage servicing is raising ...
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Some Private MIs Could Be Ordered to Cease Writing New Policies in Wake of GSEs’ Suspension of RMIC

August 4, 2011
A number of distressed mortgage insurance companies with special covenants with state regulators and the government-sponsored enterprises are in danger of losing their ability to write new insurance as continued losses prevent them from meeting financial eligibility requirements. With credit trends further weakening in the second quarter, certain mortgage insurers, including Mortgage Guaranty Insurance Corp. and PMI Mortgage Insurance Co., could slip below minimum re-serve and surplus requirements, observers say. Already on capital-requirement waivers, the MIs could be ordered to stop ...
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GSE Risk-Retention Exemption a Short-Term Help But Long-Term Hindrance, Say Rule Commenters

August 4, 2011
While many commenters support the proposed exemption for the government-sponsored enterprises from new risk-retention rules in the short-term, opinions vary as to just how long Fannie Mae and Freddie Mac should enjoy such an exemption and its long-term impact on private securitizations. Federal regulators earlier this year proposed a rule which would require issuers of mortgage-backed securities to hold a minimum 5 percent of the credit risk of the assets underlying their securities unless the deal is backed by “qualified residential mortgages.” The proposed rule would exempt ...
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New U.S. Debt Accord May Put Mortgage Interest Deduction at Risk as Policymakers Search for Savings

August 4, 2011
Faced with the daunting task of identifying $1.5 trillion in budget savings, lawmakers on Capitol Hill are likely to take a close look at sacred cows like the home mortgage interest tax deduction. The mortgage interest deduction is projected to cost the U.S. just shy of $100 billion this year, does little to incentivize buying homes and is in need of reform, according to experts on a panel sponsored by the Urban Institute and Brookings Institution. “The mortgage interest reduction is one of the very, very biggest and certainly the most ...
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Ginnie Mae Servicing Business Remains Two- Horse Race, But Some Long Shots Move Up

August 4, 2011
Wells Fargo and Bank of America continued to pull ahead of the field, adding Ginnie Mae servicing to their portfolios faster than the overall market grew during the second quarter of 2011. A new Inside Mortgage Finance analysis found the two companies holding 54.9 percent of Ginnie servicing outstanding at the end of June. Third-place JPMorgan Chase trailed overall growth in the market, while CitiMortgage and PNC Bank actually [includes one data chart]
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CFPB Disclosure Project Raises Questions

August 1, 2011
The new Consumer Financial Protection Bureau is making substantial progress on its initiative to meld the mortgage disclosure forms under the Truth in Lending Act and the Real Estate Settlement Procedures Act into one, more simplified disclosure. Still, a number of questions are being raised in the process, not the least of which has to do with what kind of regulation will eventually accompany the forms. “The first issue is that these forms just don’t reflect the regulatory and statutory requirements in many ways,” said Steve Kaplan, a partner with law firm K&L Gates LLP in its Washington, DC, office during a webinar last week sponsored by Inside Mortgage Finance Publications. “So someone who is a practitioner and who’s been dealing with these issues for years will say, ‘What is this form? This is great and dandy but do I get a safe harbor? Do I still violate the statute by providing this form?’” ...
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FTC Targets Deceptive Mortgage Advertisements in New Rule

August 1, 2011
The Federal Trade Commission issued a final rule to strengthen consumer protections by banning deceptive claims about consumer mortgages in advertising or other types of commercial communications. The new rule lists 19 examples of prohibited deceptive claims, including misrepresentations about the existence, nature, or amount of fees or costs to the consumer associated with the mortgage; the terms, amounts, payments, or other requirements relating to taxes or insurance associated with the mortgage; and the variability of interest, payments, or other terms of the mortgage. ...
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FTC Gives Brokers, Agents a Break On Obtaining Short Sales

August 1, 2011
The Federal Trade Commission announced last month that it will not enforce most provisions of its Mortgage Assistance Relief Services rule against real estate brokers and their agents who help struggling homeowners obtain short sales from their lenders or servicers. The stay applies only to real estate professionals who are licensed and in good standing under state licensing requirements; comply with state laws governing the practices of real estate professionals; and assist or attempt to assist consumers in obtaining short sales in the course of securing the sales of their homes. ...
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State Roundup

August 1, 2011
Massachusetts. State Attorney General Martha Coakley reportedly plans to obtain documentation filed by Mortgage Electronic Registration Systems as part of the broader investigation by a 50-state coalition of attorney generals into potentially unlawful foreclosure practices. New Jersey. Former mortgage broker Ara Mesropian, 39, of Paramus, NJ, pleaded guilty to charges that he participated in a mortgage fraud scheme which defrauded lenders and generated millions of dollars in fraudulent mortgage loans. ...
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