The Department of Housing and Urban Development rejected a number of industry recommendations to ease the impact of new lender indemnification regulations. The final rule imposes indemnification provisions on all FHA lenders with Lender Insurance authority and revises the methods determining an acceptable claim and default rate. It also amends the two-year performance requirements for considering mortgagees for Lender Insurance (LI) authority in connection with a merger, acquisition or reorganization. The primary change under the new rule is that all direct endorsement lenders with LI authority...

A cloud of uncertainty continues to hang over the private mortgage insurance industry as companies struggled to get new capital waivers and other relief from their state insurance regulators to stay in business. This week, Mortgage Guaranty Insurance Corp. announced a new two-year waiver from regulatory capital requirements from the Office of the Insurance Commissioner for the State of Wisconsin, which would allow it to write new business through Dec. 31, 2013. The waiver approved on Jan. 23 came after the previous waiver expired at the end of last year. As did the prior order, the new waiver allows MGIC to...

Insurance companies will likely increase their investment in non-agency residential MBS, with market and regulatory influences encouraging movement toward hybrid and floating-rate securities as opposed to fixed-rate bonds, according to some top securities industry analysts. The primary driver on the regulatory level is the anticipated slight rise in capital requirements expected to result from a recent action by the National Association of Insurance Commissioners, the association of state insurance regulators. On Dec. 27, 2011, the NAIC released updated pricing designations that...

PHH Corp. has become the first publicly identified lender targeted to be investigated by the new Consumer Financial Protection Bureau, which is trying to determine if PHH steered mortgage borrowers into using its captive mortgage reinsurance program, the firm revealed last week. “In January 2012, the Consumer Financial Protection Bureau notified the company that the CFPB had opened an investigation to determine whether mortgage insurance premium ceding practices to the company’s captive reinsurers comply with the Real Estate Settlement Procedures Act and other laws enforced by the CFPB and requested certain...

Mortgage insurer United Guaranty Corp. says it is offering lenders a high-quality, semi-automated independent file review as their first line of defense against rescission and loan buybacks. Dubbed CoverEdge, the product is essentially a second-look tool developed by UG to catch and fix underwriting errors and identify missing documents to avoid denial of payment claims on mortgages gone bad as well as repurchase demands. CoverEdge’s comprehensive credit and documentation analysis at loan origination and post-closing seeks to avoid misrepresentation and fraud. It also provides a repository...

While Congress debated the payroll tax cut extension, a tax provision allowing homeowners to deduct private mortgage insurance premiums from their annual federal tax bill quietly expired on Dec. 31. Consequently, mortgage loans with private MI that closed on or after Jan. 1, 2012, will no longer be able to use the deduction, unless Congress passes a bill that extends the deduction through next year retroactive to the beginning of 2012. It is a lapse that occurs almost every year, according to MI industry participants. Tax deductibility of MI premiums is part of a huge legislative package...

MGIC Investment Corp. pumped $200 million into its ailing mortgage insurance operation, Mortgage Guaranty Insurance Corp., to increase its statutory capital and enable it to continue writing new business. The capital infusion is part of a survival strategy mapped out by the private MI company two years ago, with the concurrence of the Wisconsin Office of the Commissioner of Insurance (OCI), Fannie Mae and Freddie Mac. The strategy included a waiver from the OCI capital requirements as well as approvals by the two government-sponsored enterprises of MGIC’s subsidiary, MGIC Indemnity Corp. (MIC), as an...

The MGIC Investment Corp. has announced a $200 million capital contribution to its principal mortgage insurance provider, Mortgage Guaranty Insurance Corp., to enable it to continue writing new business and meet statutory capital requirements. The cash infusion was made as Fannie Mae’s approval of the MGIC Indemnity Corp. (MIC) as an eligible mortgage insurer expired on Dec. 31. A regulatory waiver of capital requirements issued by the Wisconsin Office of the Commissioner of Insurance (OCI) two years ago also lapsed on the same date. The MIC and the regulatory waivers are part of a strategy to...

The FHA will continue to play a critical role in the nation’s housing markets in 2012 even as it tries to balance the need to extend credit while reducing its market share to open the way for private capital to return to the mortgage market, according to industry observers. That means walking a tightrope in trying to keep the Mutual Mortgage Insurance Fund actuarially sound while trying to avoid piling on more fees and additional restrictions, which could hamper housing recovery, observers said. “We can’t have an economic recovery without a housing recovery,” said Brian Chappelle, a mortgage industry consultant. “The philosophical debate about the role of government in housing should be ...

Private mortgage insurers would play a strategic role under a new Senate proposal for winding down Fannie Mae and Freddie Mac and privatizing guarantees on high-quality mortgage securitizations. Introduced by Sen. Johnny Isakson, R-GA, the Mortgage Finance Act of 2011 would create a new regulatory framework for securitizing “qualified residential mortgages” and an alternative form of guarantee provided by a new Mortgage Finance Agency. Under Isakson’s bill, the two government-sponsored enterprises would be placed in a run-off mode by the Federal Housing Finance Agency 18 months from the date of enactment. They would be required to ...