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HUD’s Disparate Impact Rule Shifts Burden Of Proof to Lenders, Industry Experts Say

February 14, 2013
A new final rule from the Department of Housing and Urban Development may make it harder for lenders to defend against allegations of racially discriminatory policies and even more difficult to structure an effective compliance program under the Fair Housing Act, according to legal experts. Issued last week, the rule provides that HUD or a private plaintiff can establish a so-called disparate-impact liability under the FHAct, even if there is no intent to discriminate. The agency said the rule establishes no new law – since HUD and appellate courts have upheld the disparate impact theory in fair housing cases for decades – and aims to standardize the minor variations for determining liability under the statute. The rule establishes...
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Obama to Congress: ‘Take a Vote and Send Me’ HARP 3.0

February 13, 2013
Charles Wisniowski
President Obama, during his State of the Union address, urged Congress to get the HARP 3.0 refinancing program off the ground.
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Industry Expects GSEs to Double Seller Net-Worth Minimum

February 13, 2013
Paul Muolo
Officially, the GSE net-worth minimum is set at $2.5 million, but some in the industry think it will double eventually.
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Industry Can Question CFPB on Mortgage Rule Interpretations

February 13, 2013
Paul Muolo
The CFPB said mortgage lenders can ask the agency "important" interpretation questions on the many rules that it finalized this year.
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Short Takes: FHA Chief Worries About Pricing Borrowers Out of the Market / Fortress Has Plenty of Cash to Spend on MSRs / Former Freddie Executive Key Player in Cerberus REIT / New Penn Hires Correspondent Chief / Fay Servicing Who?

February 13, 2013
George Brooks and Paul Muolo
Fortress Investment Group has raised $1.6 billion to buy mortgage assets, including servicing rights.
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FHA Likely to Price Its Way to Lower Market Share

February 12, 2013
John Bancroft
FHA single-family production rose 22.3 percent in 2012, but another increase in the mortgage insurance premiums will likely accelerate the program’s three-year decline in market share.
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JPMorgan Chase Working on Jumbo MBS

February 12, 2013
Brandon Ivey and Paul Muolo
JPMorgan Chase is working on a jumbo MBS deal but it may place the bond in the the private market.
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Short Takes: Is PennyMac Really a Subsidiary of PNC? / 5 Percent Will be the Downpayment Threshold in the QRM Rule / Yet Another New Player in Mortgage Insurance / MIAC Selling MSRs

February 12, 2013
Paul Muolo
Is PennyMac Financial Services, which just filed for an IPO, really part of PNC?
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HUD Issues Long Awaited Final Rule on Disparate Impact

February 11, 2013
Thomas Ressler
HUD has released its long-awaited “disparate impact” final rule, sending notification to the industry that housing policies and practices can be determined to be discriminatory not simply through their intent, but also by their effect.
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Short Takes: BlackRock Hikes Stake in Redwood / Nationstar Has No Shortage of Bankers / Fed Governor Worries About MBS-Investing REITs / Dems Want Action on DeMarco’s Successor / Radian Loses Money But…

February 11, 2013
Paul Muolo and Charles Wisniowski
Is BlackRock up to something regarding its investment in Redwood Trust?
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