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What We’re Hearing: FHA Readies a Bromide? / Another FHA Lender May Sue HUD / Kudos for Quicken’s Bill Emerson / A Big M&A Deal Brewing? / At Least FBR’s Paul Miller is Optimistic

May 22, 2015
Paul Muolo
We understand that at least one other prominent FHA lender is contemplating filing a lawsuit against the government as well...
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GOP Reg Relief Bill Passes, GSE Provisions Include PSPA, More...

May 22, 2015
The Senate Banking, Housing and Urban Affairs Committee this week passed the Financial Regulatory Improvement Act of 2015 by a 12 to 10 margin along party lines. The measure, introduced by committee Chairman Richard Shelby, R-AL, includes a number of GSE provisions. Title VII of the bill prohibits the use of increases in Fannie Mae and Freddie Mac guaranty fees to offset outlays or reductions in revenues for “any purpose other than enterprise business functions or housing finance reform as passed by the Congress in the future.” The bill was approved by the Senate Banking, Housing and Urban Affairs Committee. Another provision would prohibit the U.S. Treasury from selling or...
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Lenders Cautiously Laud Rep-And-Warrant Framework Clarity

May 22, 2015
Lenders are showing “restrained enthusiasm” for the new rep-and-warrant policy changes, according to Jeremy Potter, general counsel and chief compliance officer with Norcom Mortgage. The changes were made to help reduce uncertainty in addressing lenders’ concerns about when they might be asked to repurchase a loan. “On the one hand, you had some restraint where the lender’s reaction was ‘what am I really getting and how is this going to actually materialize?’ But on the other hand, there is the enthusiasm about an example of a regulator, investors and the lender community working together to make a significant advancement to accomplish goals that are good for everyone,” he said.
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FHFA Wins Lawsuite on Non-Agency MBS, Appeal is PLanned

May 22, 2015
Although the trial between the Federal Housing Finance Agency and Nomura Holdings is over, Nomura said that it is planning an appeal. The Japanese-based investment bank was found financially liable last week when Federal Judge Denise Cote ruled the bank knowingly sold bad mortgage-backed securities to the GSEs ahead of the 2008 financial crisis. The FHFA is working to put a dollar amount on the damages that Nomura and RBS Securities, the underwriter of four of the seven securitizations at issue, should pay. Nomura spokesman Jonathan Hodgkinson, said in a statement that losses by Fannie Mae and Freddie Mac resulted from an unprecedented decline in home prices. However, that defense approach failed. According to Cote “given the magnitude of falsity, it’s not surprising that the defendant...
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GSE Roundup

May 22, 2015
U.S. Mortgage Insurers Supports GSE Risk-Sharing. The USMI wrote a letter this week to Sen. Richard Shelby, R-AL, in support of Shelby’s regulatory relief bill, which calls on the GSEs to engage in front-end risk sharing transactions. “This directive would make greater use of private capital to “de-risk” the GSEs, lower the exposure and costs for the enterprises and taxpayers and should lower costs to borrowers,” the trade group said. Fannie Names Winning Bidders of First NPL Sale. Fannie Mae unveiled the winning bidders on its first-ever sale of non-performing mortgages last week: SW Sponsor LLC and PRMF Acquisition, the latter of which is an affiliate of Neuberger Berman Fixed Income Funds. The GSE...
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Economists See Lending Surge in Fuzzy Outlook

May 22, 2015
Mortgage originations are already off to a better start in 2015, and industry economists are predicting, on average, a 15 percent increase from last year’s sluggish output. But uncertain prospects in the housing market point toward a decline in mortgage originations next year, according to forecasters at the secondary market conference sponsored this week by the Mortgage Bankers Association. 2015 should bring the strongest housing sales volume since 2007, said Leonard Kiefer, deputy chief economist at Freddie Mac. Sales activity was decent over the winter, despite severe weather in many areas, but the market has yet to get back to normal. Freddie looks...[Includes one data table]
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Without the Refi Surge, the First Quarter Would Have Been a Dud

May 21, 2015
John Bancroft
If purchase-lending doesn’t increase soon the mortgage industry could be in for some turbulence.
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Final FHFA Servicer-Eligibility Rules Will Impact Smaller Shops More

May 21, 2015
Paul Muolo
According to analyst Paul Miller of FBR Capital Markets, the standards are meant to “impact small, nonpublic, nondepository institutions that have operated on the periphery of the sector.”
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Analysts See Stronger Market in 2015, But Little Change In Fundamental Problems Facing the Mortgage Industry

May 21, 2015
Housing is showing some traction, but heavy regulation and enforcement continue to weigh on the mortgage market, according to analysts at this week’s secondary-market conference sponsored by the Mortgage Bankers Association in New York. Charles Gabriel, president of Capital Alpha Advisors, said there are some green shoots in the mortgage market, including signs of more home sales. But he characterized it as “a mature market that is suboptimized.” Lenders have paid massive penalties in lawsuits, he added, and there is no sign that they will expand the credit box. “U.S. Bank was asked...
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Class Certification Denied in Bank’s Fair-Lending Suit; Groups Sue Fannie for Bad REO Practices

May 21, 2015
In a ruling that may impact future fair-lending class actions, a federal district court judge in Manhattan has denied class certification in a lawsuit brought by the American Civil Liberties Union and National Consumer Law Center against global investment bank Morgan Stanley. Filed in October 2012, the suit was brought on behalf of African American borrowers in Detroit who obtained subprime loans from New Century Mortgage, a now-defunct originator that sold the loans to secondary-market purchasers, including Morgan Stanley, which then securitized them. New Century originated...
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