The scope of the ability-to-repay/qualified mortgage final rule released earlier this year by the CFPB will make it more difficult for borrowers to obtain loans and tighten already-strict underwriting standards, according to analysts at Standard & Poor’s Ratings Services. “We anticipate that the rule will prevent many of the types of loosely underwritten mortgages that caused systemic risk during the 2006 and 2007 origination period, but may do so at the expense of limiting credit access – sometimes to qualified borrowers,” they...

Bureau Faults Financial Services Providers Over Educational Expenditures. A new study from the CFPB claims that the financial services industry spends 25 times as much money annually on marketing financial products and services to consumers each year than on financial education – $17 billion versus $670 million, respectively. According to the bureau’s modeling methodology, that shakes out to about $54 on marketing versus $2 on financial education per person per year. Richard Hunt, president and CEO of the Consumer Bankers...

The Department of Housing and Urban Development expects to issue the long-anticipated FHA FY 2013 independent review of the state of the FHA’s Mutual Mortgage Insurance Fund on or before the middle of December. The report’s release was delayed due to the three-week government shutdown in October.

A closer look at the new integrated mortgage-disclosure rule issued last week by the Consumer Financial Protection Bureau reveals a handful of important changes made to the rule itself, while the forms have undergone only modest revisions. The first important change to the final rule is a mandatory three-business-day waiting period between the time the lender provides the closing disclosure and the closing itself. “By providing the closing disclosure three days before closing, consumers can review their final loan terms and costs in an unpressured environment rather than at the closing table,” the bureau said. “This allows consumers time to confirm they are getting what they expected.” It also will give...

Two crucial legal events occurred in 2013 that might have signaled the extinction of the narrow window through which deficiency judgments were possible on residential property in California. Attorneys at Nossaman LLP said the recent passage of California Senate Bill 426 and the conforming decision by the California Court of Appeal, Fourth Appellate District, have made clear that the state’s anti-deficiency statutes not only protect home loan borrowers from judgments or collections but also trump any separate lender/borrower agreement regarding the payment of any deficiency following a foreclosure or a short sale. A deficiency judgment is...

Mortgage credit availability, loan quality and lenders’ ability to foreclose on distressed properties remain big issues as lenders try to adjust to a more difficult, more complex regulatory environment, according to industry participants in a symposium hosted last week by the Urban Institute. While private capital is available, potential investors are wary of investing in the new environment of qualified and non-qualified mortgages and on mortgage companies and ventures that have drawn much regulatory scrutiny, panelists said. The average credit scores on a conventional-conforming purchase loan has increased...

Originations of non-agency jumbo mortgages in the third quarter increased by 2.7 percent compared with the second quarter of 2013 while total originations fell by 18.6 percent, according to a new ranking by affiliated publication Inside Mortgage Finance. An estimated $77.0 billion in non-agency jumbos were originated in the third quarter, a level of originations not seen since the second quarter of 2007. The jumbo market accounted for 16.7 percent of total mortgage ... [Includes one data chart]

Non-agency lenders that plan to originate qualified mortgages suggest that one of their top concerns is meeting the debt-to-income ratio requirements. Only non-agency mortgages will have to have a back-end DTI ratio of 43 percent or below to be classified as qualified mortgages under the Consumer Financial Protection Bureau rule taking effect Jan 10. Average DTI ratios on mortgages in jumbo mortgage-backed securities are well below that limit – 34.0 percent on the latest deal from Redwood Trust ...

The Consumer Financial Protection Bureau released a final rule last week regarding long-running efforts to integrate mortgage-disclosure documents. The new “Know Before You Owe” forms will be required beginning Aug. 1, 2015. Lenders will be required to give potential borrowers a loan-estimate form within three business days after receiving a complete loan application. The form replaces the early Truth in Lending Act statement and the Good Faith Estimate required by the ... [Includes three briefs]

For the first time in five years, private mortgage insurers surpassed all government-insurance programs in the third quarter of 2013 as the largest provider of primary MI coverage in the mortgage market, according to the latest analysis from Inside FHA Lending affiliate Inside Mortgage Finance. The private MI industry showed that it has rebounded from the post-financial crisis by reporting $59.03 billion in new insurance written during the third quarter, down 3.2 percent from the previous quarter but clearly better than the FHA and VA production numbers for the same period. Data showed the two government agencies posting ...