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Written Guidance Needed on RESPA/TILA Rule, Industry Says

September 29, 2014
Most of the mortgage finance trade associations wrote to the CFPB recently with a handful of suggestions to improve implementation of the bureau’s TRID – the pending Truth in Lending Act/Real Estate Settlement Procedures Act integrated disclosure rule. At the top of the list: more written guidance, please.“We appreciate the bureau offering oral guidance through webinars and other channels,” said the groups in a joint letter. However, due to the complexity of the rule, “we strongly recommend that the bureau also provide reliable, written guidance on issues.” Such input is “essential for lenders, settlement service providers, insurers, investors and other secondary market entities, regulators and ultimately, consumers themselves.” The groups also encouraged the CFPB to deepen its engagement in industry ...
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Calls Mount in House for QM Fixes, But Little Time Remains for Action

September 29, 2014
Before members of Congress left the nation’s capital for their final push before the November elections, diverse efforts were underway for making changes to aspects of the qualified mortgage definition under the CFPB’s ability-to-repay rule, either through legislation or persuasion. Earlier this month, the U.S. House of Representatives passed H.R. 5461, a package of legislation which includes the text of H.R. 3211, the Mortgage Choice Act, which passed the House unanimously in June. The legislation would make it easier for mortgages to fit under the ATR rule’s cap on points and fees by providing equal treatment to title charges, regardless of whether or not a consumer chooses a title company affiliated with the lender. “This provision is narrowly focused to ...
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Privilege Close to Being Extended To State-Licensed Mortgage Cos.

September 29, 2014
State-licensed mortgage companies – and the agencies that oversee them – are on the verge of receiving the same kind of protections against waivers of privilege for information provided to the CFPB that was previously extended to depository mortgage lenders supervised by federal agencies. Before adjourning for the November elections, the U.S. Senate passed H.R. 5062, the Examination and Supervisory Privilege Parity Act of 2014. The bill would require the CFPB to coordinate its supervisory activities with state agencies that license, supervise or examine those non-depositories that offer consumer financial products or services. It also would provide that when someone shares information with those same state regulators, or with prudential regulators and state banking regulators, that sharing does not waive attorney-client privileges. ...
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CFPB Official Urges Mortgage Industry to Raise HMDA Issues

September 29, 2014
The mortgage industry has about a month left to officially weigh in on the CFPB’s pending Home Mortgage Disclosure Act proposed rule, and a top official at the bureau urged lenders to raise important issues now. “Because we’re opening HMDA up, we’re taking the opportunity to try to streamline the reporting process for you,” said Kathleen Ryan, deputy assistant director in the CFPB’s Office of Regulations, in comments before the Mortgage Bankers Association’s regulatory compliance conference on Monday. The bureau also is looking “for ways to ease some of the pain around geocoding and these other ‘translation’ issues that you have in your reporting systems by trying to align to the extent possible” with existing industry standards for data points ...
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Short Takes: CFPB Slams Flagstar Over Mods / No, a New Mortgage Trade Group is NOT Forming / BofA Transferring MSRs to Shellpoint / Merger of Two FHLBs an Aberration? / NJ Senator Intros Share-Appreciation Mortgage Bill

September 29, 2014
Paul Muolo, Brandon Ivey, and Charles Wisniowski
Sources close to the matter noted that Ocwen is involved, but it’s not a trade group.
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Jumbo MBS with Originations Sourced by Five Oaks in the Works

September 29, 2014
Brandon Ivey
Five Oaks plans to buy some of the subordinate tranches of the new jumbo MBS.
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Mortgage Unit of Home Builder Ready to Enter Non-QM Market

September 29, 2014
Paul Muolo
Pulte Mortgage will install a “modest price” adjustment on its non-QM loans.
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An MBS Program on Fire: Ginnie Mae

September 29, 2014
George Brooks
The Ginnie II program now accounts for up about 98 percent of new agency issuance.
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Ginnie Mae Tops Among Agencies in Financing Minorities

September 29, 2014
John Bancroft
Fannie, Freddie and Ginnie All saw most of their business come from borrowers earning less than $150,000 per year.
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Non-QM MBS Won’t Happen This Year, But Nonbanks Developing the Non-QM Market Have ‘Take-Out’ Investors

September 26, 2014
At least a dozen or so national lenders – almost all of them nonbanks – have rolled out lending programs for loans that don’t meet the qualified mortgage standard, and none of them expect to issue a mortgage-backed security this year. Moreover, most aren’t so certain they will be able to issue a security next year either, but that doesn’t mean they aren’t thinking about it. New Penn Financial has created...
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