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Originators/Sellers Win Big in U.S. Appeals Court, Judges Agree Claims Accrue When a Loan Is Sold

February 5, 2016
A federal appeals court in Denver unanimously affirmed a lower court ruling that a claim of damage related to an originator/seller’s misrepresentation accrues when the loan is sold. Ruling in six cases involving plaintiffs Lehman Brothers Holdings and Aurora Commercial Corp. versus Universal American Mortgage Co. and Standard Pacific Mortgage, the Tenth Circuit Court of Appeals rejected plaintiffs’ contentions that their claims were really “indemnification” claims that did not accrue until they bought the loans from Fannie Mae and Freddie Mac. The overarching issue in this complicated case is...
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Fannie Says High DTI Program Not Risky, Creates Mortgage Access

February 5, 2016
Fannie Mae said its new mortgage product that allows borrowers to have higher debt-to-income ratios because it includes income from non-borrowers is not risky. HomeReady was rolled out in August as a revised affordable lending product to replace the MyCommunityMortgage program focused on helping low- and moderate-income borrowers. A key component of HomeReady is that it counts income from relatives or friends who will also live in the home, which helps allow for a DTI ratio of up to 50 percent. Fannie said the reality of today’s market shows that homeowners are sharing homes and in many cases a significant amount of the income is being earned by the co-resident in these “extended-income households.”
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DU Updates Set for June Includes Trended Credit Data

February 5, 2016
Fannie Mae is planning to release an updated version of Desktop Underwriter in June with more specific details to come by the end of this month. But for now the GSE notified its lenders about some of the changes they can expect in DU Version 10.0. The updates in the latest version will “help lenders underwrite with confidence while expanding access to credit and sustainable homeownership for creditworthy borrowers,” said Fannie in a notice that went out on Jan. 28. The release is targeted to take place the weekend of June 25, 2016, and will include enhanced credit risk assessment using trended credit data provided by Equifax and Transunion. This tool...
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Fannie Mae Connect Introduces 5 New Reports

February 5, 2016
Fannie Mae launched a new version of Fannie Mae Connect on Jan. 29 that includes five seller/servicer reports that were added to the system based on customer feedback. The Loan Delivery Edit Dashboard replaces the Data Quality Dashboard and provides insight into any possible issues at delivery with loan-level detail for fatal, warning and informational edits. About six months worth of data will be provided under this new report. This is the only new report that can be accessed by servicers as well as sellers. The Lender Dashboard gives monthly lender-specific data on things like delivery activity, loan performance and operational activities. It also includes a comparison of profile to peers and to expected loan performance value.
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GSE Roundup

February 5, 2016
Freddie Default and Work Reporting Changes. Freddie Mac announced last week that servicers are not able to directly change the reporting of a third-party sale to an REO status without submitting a rollback request. Freddie said it also updated its foreclosure sale reporting error codes to more accurately reflect today’s housing market and align it with servicer’s needs. Fannie Ends 2015 with $42.3B in Multifamily Loans. Fannie Mae said that it provided $42.3 billion in financing to the multifamily market in 2015 to support 569,000 units of multifamily housing, of which more than 90 percent of the units financed support affordable or workforce housing. Approximately 99 percent of the multifamily loans Fannie financed last year were securitized...
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GSEs Launch Independent Dispute-Resolution Process As Final Determination on Loan Eligibility Disputes

February 4, 2016
Fannie Mae and Freddie Mac this week announced the final piece of a multiyear process to relieve seller anxiety about potential buybacks, an independent dispute-resolution process for the most difficult to resolve repurchase demands. As a last resort, the new IDR process may not see that much activity, especially since seller repurchases of government-sponsored enterprise mortgages have been declining sharply. For a buyback dispute to get to a final determination by a third-party arbitrator, it will have to go through three normal steps in the buyback process. The IDR process began...[Includes one data table]
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More of the Same: House GOP Launches Salvos at GSEs, FHA, CFPB

February 4, 2016
Thomas Ressler
As might be expected, the GOP is once again pushing to kill Fannie Mae and Freddie Mac...
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Moody’s Upgrades MGIC, Radian to Investment Grade; NAIC’s Proposed Capital Rules Create Uncertainty

February 4, 2016
For the first time since October 2008, Moody’s Investors Service upgraded two top private mortgage insurance companies to investment grade due to strong performance of new insurance written, cost savings and fewer losses. However, risk factors, including proposed capital regulations from the National Association of Insurance Commissioners, could adversely impact the ratings. Mortgage Guaranty Insurance Corp. and Radian Guaranty now have Baa3 ratings from Moody’s, although other rating servicers appear disinclined to follow. Both MIs continue to be rated below investment grade by Standard & Poor’s. The improved ratings come...
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House Approves Legislation Delegating Direct Endorsement Authority to USDA Lenders, Streamlining FHA Condo Rules

February 4, 2016
Housing reform legislation that would ease FHA restrictions on condominium financing and allow delegation of loan approval authority to qualified lenders under the U.S. Department of Agriculture’s rural housing programs this week passed the House by a vote of 427-0. Described as an FHA reform bill, H.R. 3700, the “Housing Opportunity Through Modernization Act,” would make several incremental changes across a number of federal housing programs. It would modify...
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Final Tally: 2015 the Second Worst for MBS Trading Volume

February 3, 2016
Paul Muolo
No wonder Wall Street firms are trimming their fixed-income desks. MBS daily trading continues to struggle…
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