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HMDA Final Rule Expected Sometime This Summer

June 1, 2015
The CFPB plans to release its long-awaited final rule to implement Dodd-Frank Act amendments to the Home Mortgage Disclosure Act in late summer, according to the bureau’s Spring 2015 rulemaking agenda, which was released late last month. “The proposal would help align the law with existing industry standards for collecting data on mortgage loans and applications,” said the agency. “It would also improve HMDA’s effectiveness through changes to institutional and transactional coverage, modifications of reporting requirements, and clarifications of existing regulatory provisions. We expect to release a final rule in late summer.” Elsewhere, the CFPB continues to be steadfast on the Aug. 1, 2015, effective date for its TILA/ RESPA integrated disclosure rule, and its latest rulemaking agenda betrays no ...
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Courts Order New HSBC Trial and Dismiss BofA, U.S. Bank Suits; Lehman Wants Claims Dismissed

May 29, 2015
A federal appeals court in Chicago has set aside a $2.46 billion judgment against HSBC’s Household International unit and three of its top executives and ordered a new trial. Investors won the judgment in 2009 based on charges that the bank and its top executives misled them about its mortgage lending practices. The price of the stocks subsequently collapsed as the subprime mortgage market unraveled, causing huge investor losses. The class-action lawsuit alleged...
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Credit Suisse Issues Jumbo MBS, Sticks with New Penn and Quicken as Main Contributors

May 29, 2015
Brandon Ivey
New Penn contributed 19.1 percent of the loans included in the deal, followed by Quicken with a 19.0 percent share.
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Provident Funding Agrees to $9 Million Settlement for Charging Higher Broker Fees on Loans to Minorities

May 29, 2015
Paul Muolo
According to figures compiled by Inside Mortgage Finance, Provident ranks eighth nationwide among all table-funders, based on first quarter 2015 production.
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HUD Offers Changes That May Help Lenders Avoid False Claims Act Lawsuits

May 29, 2015
George Brooks
Most of the changes are in the portion earmarked for direct endorsement lenders, which often have been the target of False Claims Act lawsuits filed by the Department of Justice...
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What We’re Hearing: How Large Might Those TRID Fines Be? / A Jumbo Lender on Fire: loanDepot / Some LOs are Making $5 Million a Year? / And Now a Few (Mortgage) Words from George W. Bush / Ocwen, the ‘Trade’ of the Century? Huh?

May 29, 2015
Paul Muolo
“These are serious loan officers,” he noted. Just how serious? According to the show’s website, some of the top producing LOs in attendance earn between $500,000 and $5 million…
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Bank Mortgage Operations Holding Up in ATR Era

May 29, 2015
Since the Consumer Financial Protection Bureau’s ability-to-repay rule was implemented in January 2014, bank mortgage operations have grown as a whole, according to a new analysis of call-report data by Inside Nonconforming Markets. Retail originations, mortgage banking income and portfolio holdings at banks and thrifts have all increased since the first quarter of 2014, suggesting the ATR rule has done little to crimp mortgage activity by banks. Banks had $93.06 billion in retail originations ...
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FHA Proposes Clarification of DE Rules but Industry Seeks More

May 29, 2015
An FHA proposal aimed at clarifying loan-certification rules is a step in the right direction but it needs more work, according to industry observers. Lenders declined to comment on the proposed form changes but they all agree that the proposal does not go far enough. The revisions aim to make the language in Form 92900-A (HUD Addendum to Uniform Residential Loan Application) clearer for both borrower and lender. Applicants for an FHA or a VA loan sign the addendum to certify to the government that the information provided by the borrower on the mortgage loan application is correct. By signing the addendum, the borrower certifies that he or she will make payments on the home loan or become indebted to the federal government upon failure to repay the loan. For lenders, signing the form certifies that the loan application meets all of FHA’s insurance requirements. This is where lenders often ...
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Streamline Refis Power VA-Backed MBS, FHA Up in Most States

May 29, 2015
Security issuances backed by VA loans totaled $35.5 billion in the first quarter of 2015, with VA streamline refinance loans accounting for 57.7 percent, according to an Inside FHA/VA Lending analysis of Ginnie Mae data. Approximately $20.5 billion in VA interest rate reduction refinancing loans were securitized during the first three months as borrowers took advantage of lower interest rates.“For the last three to four months, rates have been bottoming out again, and if rates are lower it makes sense to refinance,” said Jon Shrum, vice president of Commerce Home Mortgage, a VA-certified lender in Huntington Beach, CA. An estimated $14.5 billion in VA purchase mortgages also were securitized during period. VA loans comprised 13.1 percent of all loans in Fannie Mae, Freddie Mac and Ginnie Mae mortgage-backed securities. California, Virginia, Texas, Florida and Washington, ... [2 charts]
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Lenders Face Indemnification for Potential FHA Losses, Says IG

May 29, 2015
NTFN Inc., a direct-endorsement lender in the Dallas-Ft.Worth area, may have to indemnify FHA for losses incurred allegedly due to sloppy underwriting. Results of an audit performed by the Department of Housing and Urban Development inspector general found that 23 loans out of the 3,046 FHA loans originated by NTFN from July 2012 through June 2014 were seriously delinquent in the first year. FHA is considering whether to require indemnification. Despite its low FHA origination volume, NTFN was targeted for a compliance audit because its loan default rate was the second highest in its principal area of business during the audit period. HUD auditors attributed the subpar underwriting to the lender’s poor due diligence, failure to perform early payment default and quality control reviews and to not having an adequate quality control system. The unpaid principal balance of the ...
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