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Short Takes: MBA Chief Warns About an Imperfect Solution / A Rosy Outlook for GSE Reform? What? / Gain-on-Sale Not So Bad / Ocwen Goes After HARP Refis / Nomura Has No Jumbo Conduit

July 15, 2013
Brandon Ivey, Paul Muolo, and Charles Wisniowski
MBA president Dave Stevens is concerned that events could soon overtake policy makers and force an “imperfect solution” to Fannie Mae and Freddie Mac.
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CitiMortgage Sees Originations Fall but Marks Up Asset Value of MSRs

July 15, 2013
Paul Muolo
Citigroup is becoming more aggressive in residential lending, especially in the jumbo space.
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Bureau Finalizes April Changes To ATR, Mortgage Servicing Rules

July 15, 2013
The CFPB issued a final rule last week that finalizes the April clarifications made to its ability-to-repay and mortgage servicing rules. Among other things, the final rule clarifies and amends how several factors can be used to calculate a consumer’s debt-to-income ratio. Such factors include a consumer’s employment record and income, business credit reports and other documents relating to self-employed consumers, Social Security income, and non-employment related income such as from a trust or rental property. The final...
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Firms Will be Held Accountable For Unlawful Debt Collection Practices

July 15, 2013
Debt collection practices are now fully and firmly on the CFPB’s radar. Last week, the bureau warned all companies under its jurisdiction that they will be held accountable for unlawful conduct in collecting a consumer’s debts. In the first of two bulletins, the CFPB makes clear that any entity subject to the Consumer Financial Protection Act of 2010, whether a third-party collector or a creditor collecting its own debts, can be held accountable for any unfair, deceptive or abusive practices in collecting a consumer’s debts...
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Wells Boosts Residential Lending by 2 Percent in 2Q; JPM’s Mortgage Earnings Rise 143 Percent

July 12, 2013
Paul Muolo
Wells Fargo and JPM posted strong mortgage results for the second quarter. But what lies ahead for the industry?
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SIFMA Raises Concerns over Proposed Repeal of Holder-in-Due-Course Rule in Foreclosure Draft

July 12, 2013
The Securities Industry and Financial Market Association cautioned drafters of a proposed model law on mortgage foreclosures against adopting a provision that would eliminate or repeal the holder-in-due-course rule in the case of home loan foreclosures. Commenting on the Uniform Law Commission’s discussion draft on the “Residential Real Estate Mortgage Foreclosure Process and Protections,” SIFMA urged the commission not to repeal or limit the holder rule. The trade group warned that the rescission of the rule in the context of home loan foreclosures could convert a secured loan into an unsecured loan. “This is...
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What We’re Hearing: A $30 Billion MSR Deal Hits the Market / Wells Amps Up the Value of its MSRs / Subprime: Lots of Interest, Not Many Lenders / Hensarling Bill Will Be a Raisin Soon / Jumbo Whole Loans Fail to Trade

July 12, 2013
Hedge funds continue to salivate over mortgage servicing rights. Meanwhile, the Hensarling GSE bill goes down like a Led Zeppelin.
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News Briefs

July 12, 2013
Some 231 non-agency mortgage-backed securities serviced by Nationstar Mortgage took nearly $1.0 billion in losses recently due to accounting for principal forbearance that occurred in previous years. Nationstar acquired the mortgages from Aurora Bank and said the revisions were made to remove inconsistencies in the reporting of previously forborne amounts. The revised losses follow a similar action by Ocwen Financial. Fitch Ratings said the servicers don’t anticipate similar significant ... [Includes two briefs]
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GOP Bill Proposes Separating FHA, HUD

July 12, 2013
The Republican leadership of the House Financial Services Committee this week unveiled a comprehensive housing finance reform bill, including a series of proposals to “right size” the FHA, redefine its mission and reestablish it as a stand-alone agency. At the same time, Senate Banking Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, announced they have reached a bipartisan agreement on legislation that would ensure the solvency of the FHA. Both lawmakers expect to introduce a bill next week. The House FHA reform measures were introduced in tandem with reform proposals for ...
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FHA Seeks Comment on New Enforcement Regime

July 12, 2013
The FHA has proposed measures to strengthen its oversight of FHA lenders and each measure could potentially increase lenders’ liability and compliance risk, compliance experts warned. Published for comment in the July 9 Federal Register, the proposals are part of a new enforcement regime that the FHA is considering to monitor and sanction lenders. They cover statistical sampling, origination quality standards, annual reviews, compare ratios, and indemnification and other remedies for loan defects. The proposed enforcement measures, however, raise a ...
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