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CA Supreme Court’s ‘Narrow’ Ruling on RMBS Foreclosure Could Have Broad Ramifications

February 26, 2016
The California Supreme Court late last week issued a ruling in a case where a borrower challenged the foreclosure of a loan that was included in a non-agency MBS issued in 2007. The court allowed the borrower’s claims to proceed, which could prompt a significant increase in foreclosure-related litigation for California mortgages in non-agency MBS. An opinion authored by Kathryn Werdegar, an associate justice of the California Supreme Court, stresses that the court’s ruling in Yvanova v. New Century Mortgage is narrow. “We hold only that a borrower who has suffered a non-judicial foreclosure does not lack standing to sue for wrongful foreclosure based on an allegedly void assignment merely because he or she was in default on the loan and was not a party to the challenged assignment,” Werdegar said. The ruling left...
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Complex ATR Analysis for Bank Statement Loans

February 26, 2016
Determining a borrower’s ability to repay a bank-statement mortgage is more complicated than evaluating a borrower underwritten with full income documentation, according to a recent report by Moody’s Investors Service. The rating service noted that originations of bank-statement loans tend to be non-qualified mortgages for self-employed borrowers. “The quality of loans originated through bank-statement income documentation programs depends heavily on ...
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What We’re Hearing: The Mother of All GSE Bets / If Fairholme’s Berkowitz is Wrong… / Why Would the U.S. Even Entertain Settlement Talks? / PHH Management Believes / PIMCO on the Hunt

February 26, 2016
Paul Muolo
One of those GSE watchers is Bose George of Keefe, Bruyette & Woods, who told us: “I see no reason for the administration to negotiate in any meaningful way with the plaintiffs..."
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Misconceptions about VA Program Result in Loss of Potential Business

February 26, 2016
Some real estate agents and lenders are discouraging veterans and active military personnel from using a VA loan to purchase a home because of misconceptions about the VA Home Loan Guaranty program, a top official of the National Association of Realtors said. Testifying recently before the House Committee on Veteran Affairs, Sherrie Meadows, NAR vice president, acknowledged that some lenders and real estate agents steer their clients away from VA loans because the process could be prohibitive. “They think...
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Lenders Look Forward to Loss Mit Guidance on HECM PTI Default

February 26, 2016
FHA lenders are anticipating long-awaited guidance from the Department of Housing and Urban Development implementing sweeping changes related to reverse-mortgage borrowers in default for not paying their taxes and insurance. But don’t be surprised if HUD issues additional guidance before the implementation date, said James Wright, an attorney with Bradley Arant Boult Cummings’ Birmingham office. First announced in April 2015, the guidance sets...
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CFPB’s ‘No-Action’ Policy Could Stymie Mortgage Innovation

February 25, 2016
Thomas Ressler
Mortgage product innovation could be dead thanks to a new policy from the CFPB...
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In Terms of Production Declines, Retail Suffered the Least in 4Q15

February 25, 2016
John Bancroft
In the wholesale/broker channel, United Wholesale was the volume leader for the year…
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Nationstar Swipes a $55 Billion Subservicing Contract From a Competitor?

February 25, 2016
Paul Muolo
Roughly 60 percent of the nonbank's fourth quarter originations came through the consumer-direct channel.
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Yet Another Quarterly Loss for PHH; Nonbank Sticks to Its ‘Breakeven’ Prediction for 2016; Stock Clocked

February 25, 2016
Paul Muolo
"Assuming we achieve our cost, volume and other business objectives, and the market unfolds as forecast, we expect core earnings before notable items to be breakeven to modestly profitable for 2016," said CEO Glen Messina.
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The Brutal Downdraft in Rates May Have Caused Problems for Lenders Selling Into MBS

February 25, 2016
Paul Muolo
Originators that fund billions of dollars each quarter use futures and options to hedge their pipelines. It’s the smaller players that may have encountered secondary-market charges.
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