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Illinois to Modify Underwater Delinquent Loans

July 22, 2011
Illinois Governor Pat Quinn (D) announced late last week the creation of a special fund that will use the state’s allocation of federal Hardest Hit Fund dollars to purchase distressed loans in the Chicago area and permanently modify them to affordable levels. The Mortgage Resolution Fund will extract $100 million of Illinois’ $445.7 million of HHF resources for the cause. The MRF will buy delinquent loans from lenders and capital markets trading desks at net present value, and each qualifying debt will be “brought into alignment with current values.” Chicago has suffered a ...
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Purchase Mortgages Become Top Prize

July 22, 2011
Purchase-mortgage lending has been in a slump since the housing market crashed three years ago, but a downturn in refinance activity is pushing lenders across the country to push financing for homebuyers with special deals and incentives. Last week, Fifth Third Mortgage Company, a subsidiary of Fifth Third Bank and the 13th largest mortgage originator according to Inside Mortgage Finance, announced reduced interest rates for purchase-money borrowers. During the first quarter, only 22 percent of the company’s production came from purchase mortgages, below ...
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Strategic Defaults on Performing Loans on the Rise

July 22, 2011
More borrowers who have remained current on their mortgage are choosing strategic defaults, raising fears of a renewed increase of underwater borrowers with higher origination balances walking away from their mortgage obligations, according to a recent report by Moody’s Investors Service. Moody’s analysts found that between 12 to 24 percent of performing mortgage loans, depending on the asset type, have loan-to-value ratios that are higher than those of defaulted mortgages. They also have risen more steeply compared to other ...
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Closing and Origination Costs Rise

July 22, 2011
Closing and origination costs on a sample $200,000 purchase mortgage rose by almost 9 percent in 2011 nationwide, according to a survey by Bankrate, an online aggregator of financial rate information. In its annual closing cost survey, the group found that nationwide closing costs averaged $4,070, up from $3,741 last year. New York’s closing costs were highest at $6,183, followed by Texas at $4,944 and Utah at $4,906 on the same size mortgage. Arkansas had the lowest closing costs with $3,378, followed by ...
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CFPB Begins Oversight This Week With Fresh Round of Controversy Over Director

July 21, 2011
The Consumer Financial Protection Bureau, a potential nemesis regarded warily by the mortgage finance industry, officially opened for business this week without a Senate-confirmed director, but not without new brouhaha over the position. President Obama nominated Richard Cordray, the CFPB’s chief of enforcement, to be the first official director of the new agency. Prior to joining the bureau in January, Cordray was the Ohio attorney general for two years. Before that, he served for two years as Ohio’s state treasurer. It came as no surprise that Obama did not ...
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Experts Debate Proposed Changes to Oversight Of New Consumer Financial Protection Agency

July 21, 2011
Republican senators this week renewed their vow to block confirmation of a permanent director of the new Consumer Financial Protection Bureau unless the Obama administration agrees to revamp key parts of the agency’s structure and make it more accountable. Some, like Adam Levitin, a law professor at the Georgetown University Law Center, believe the CFPB is actually more accountable than any other federal agency. During testimony at a hearing in the Senate Banking, Housing and Urban Affairs Committee this week, he noted that the CFPB is subject to ...
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Most Mortgages Meet QM Standards, But Impact of DTI Ratio Is Unclear and Weighs Heavier on Some Markets

July 21, 2011
Most mortgage loans made in recent years meet several of the major requirements to be classified as “qualified mortgages,” but debt-to-income tests could be problematic, according to a new Government Accountability Office report released this week. Loans that meet nine provisions specified in the Dodd-Frank Act would be classified as qualified mortgages and provide the lender some legal protection that the new law’s ability-to-repay standard has been met. The Federal Reserve has proposed a regulation to implement the DFA requirements but left some key issues – such as ... [includes one data chart]
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Compliance Experts Urge FHA Lenders to Review Joint Ventures in Wake of Action Against Series LLCs

July 21, 2011
Mortgage lenders operating as a “series limited liability company” should reevaluate the structure in the wake of an enforcement action by the Department of Housing and Urban Development against an FHA lender alleging violation of FHA branch rules and the Real Estate Settlement Procedures Act. A recent settlement agreement between HUD and Prospect Mortgage of Sherman Oaks, CA, could be the wake-up call for other mortgage companies that use a series limited liability company, or a “series LLC,” to originate FHA-insured loans, according to compliance experts. Lenders may have to decide whether to ...
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OCC Bows to Pressure on Final Rule on Preemption Under Dodd-Frank, Assumes Oversight of Thrifts

July 21, 2011
The Office of the Comptroller of the Currency made significant changes to a controversial proposed regulation it issued back in May to implement revised federal preemption standards regarding state mortgage and other consumer protection laws. The OCC’s proposed rule to conform to Dodd-Frank Act preemption provisions was met with significant opposition from state regulators, consumer advocates, members of Congress and even the Department of Treasury, within which the agency functions as an independent bureau. One of the key disputes focused on the OCC’s proposal to use a ...
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Lenders Could Begin Lowering Loan Limits Before Oct. 1 Without HUD Implementation Guidance, Industry Warns

July 21, 2011
Without clear, early implementation guidance from the Department of Housing and Urban Development, FHA mortgage lenders could start underwriting to the lower loan limits before the Oct. 1 effective date, limiting the origination of FHA loans, warned two real estate industry groups. Providing guidance to mortgage lenders on how to manage the transition from the current top-end amount of $729,750 to $625,500 for high-cost areas without disrupting FHA lending is critical, the Mortgage Bankers Association and the National Association of Home Builders wrote to HUD. Lenders manage their pipelines based on ...
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