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How Much Traction Will Small Lender Arguments Have with CFPB on Points and Fees Rulemaking?

July 5, 2012
The Consumer Financial Protection Bureau is proceeding with its effort to develop a rule to limit the upfront points and fees mortgage originators could collect from borrowers – an initiative it began by assembling a small business regulatory review panel to consider the bureau’s initial direction. But one panel participant isn’t confident that their views are going to make much headway with an agency that may already have its mind made up. The CFPB is considering a handful of related proposals, one of which would require an interest-rate reduction when consumers elect to pay discount points. Specifically...
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Home-Equity Market Still in Doldrums Despite Small Climb in Bank Unfunded Commitments

June 28, 2012
Tentative signs of stability in home prices in early 2012 have yet to spur a rebound in home-equity lending, as the outstanding balance of second mortgages fell to its lowest level in seven years. According to the Federal Reserve, the supply of home-equity loans fell 2.7 percent in the first quarter of 2012 to just $849.5 billion. The home-equity market, which includes home-equity lines of credit and closed-end second mortgages, has shrunk by 24.9 percent since peaking...(Includes three data charts)
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Tight Underwriting and Prospect of Discount Pricing Push More Homebuyers to Cash, HousingPulse Finds

June 28, 2012
The lure of discount pricing combined with the hassle of tough mortgage underwriting standards appears to be pushing more homebuyers away from mortgage financing and toward all-cash home purchases, the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey results suggest. According to the new HousingPulse data, the share of homebuyers relying on all-cash transactions climbed to a record high 35.2 percent in May. That was up from a 30.7 percent level a year ago and...
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Disparate Impact Revisits the SCOTUS

June 25, 2012
The Township of Mount Holly, NJ, has formally asked the U.S. Supreme Court to consider a case that once again raises the question of whether disparate impact claims can be brought under the Fair Housing Act. The issues raised in this case are pretty much those in Magner v. Gallagher, the case that would have settled the disparate impact issue except for the last-minute decision by the City of Saint Paul to dismiss its appeal, according to Christopher Willis, a partner with Ballard Spahr, which represents one of the non-township defendants in the case. Township of Mount Holly, NJ, et al.,...
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Lending Industry Keeps Opining On CFPB Disclosure Project

June 25, 2012
The Consumer Financial Protection Bureau might be less than a month away from issuing its proposed rule and forms related to its project to combine and harmonize the disclosures consumer get when they’re wrapping up their mortgage loans. But that didn’t keep industry representatives from making another pitch of their various recommendations for improving the CFPB’s pending rule. Testifying during a hearing of the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity last week, Anne Canfield, executive director of the Consumer Mortgage Coalition,...
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Capital Rules to Impact Non-Agency Mortgages

June 22, 2012
Capital rules proposed by federal regulators last week for banks could have a significant impact on originations and holdings of non-agency mortgages and mortgage-backed securities. The changes are part of Basel III reforms. Non-bank special servicers have already started to increase their portfolios due to sales by banks getting a head start on complying with Basel III rules. Industry analysts warn that originations of “non-vanilla” mortgages will also be curtailed. “Following the qualified mortgage rules and ...
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Redwood, Jumbo Lenders Receive Strong Grades

June 22, 2012
Redwood Trust and the main lenders it sources mortgages from largely rank above average, according to new assessments by Moody’s Investors Service. Moody’s ranked Redwood Residential Acquisition Corp. above average as a jumbo aggregator based on the performance of Redwood’s collateral, lending practices, and operational stability. “In our view, Redwood has a stable, credit-savvy team with a sound lending philosophy that has successfully managed its way through the financial crisis,” the rating service said. Moody’s also ...
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Policy Threatens Streamline Refi Program

June 22, 2012
A new secondary market policy announced by Wells Fargo last week is sending ripples across the industry and could potentially cause the FHA Streamline Refinance program to falter in the coming weeks. Major FHA lenders have quietly adopted similar policies as FHA refinance volume, fueled by increased streamline refi business, more than doubled over the week. Wells Fargo raised eyebrows by announcing it will do FHA streamline refis only on loans in its own servicing portfolio and will not accept streamline refis from third-party originators. The top FHA producer in the first quarter of 2012 said focusing on ...
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New Overlay Guidance in the Works, Says Galante

June 22, 2012
FHA lenders may expect new guidance on the use of credit overlays as the Department of Housing and Urban Development expressed concern over lenders imposing additional underwriting beyond what FHA already requires. Acting FHA Commissioner and Assistant Secretary for Housing Carol Galante said there is concern about FHA lenders raising credit score requirements much higher than the agency requires to shield themselves from future liability. She said many lenders are requiring credit scores of 700 or higher, way above the traditional FHA borrower score of 640-650 – a practice that is not prohibited but ...
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HUD Mulls 203(k) Expansion for REO Properties

June 22, 2012
The Department of Housing and Urban Development is looking for ways to expand the FHA’s home renovation program to accommodate real estate-owned properties even as the mortgage industry urged HUD to open the program to investors. Acting FHA Commissioner and Assistant Secretary for Housing Carol Galante said HUD is considering use of the 203(k) Rehabilitation Loan program to ease FHA’s huge inventory of foreclosed properties. HUD’s REO inventory has dropped from a peak of 68,997 foreclosed properties in March 2011 to 29,692 in February. As of May 27, the inventory was ...
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