Can a lender rely on an approval from the FHA’s automated underwriting system in determining whether a mortgage loan is a “qualified mortgage?” Lawyers at BuckleySandler, a Washington, DC, law firm, indicated some uncertainty after poring over the Consumer Financial Protection Bureau’s final “ability-to-repay” rule governing residential mortgage lending under new Truth in Lending Act regulations. Effective on Jan. 10, 2014, the final rule requires lenders to verify a borrower’s financial information and determine the borrower’s capacity to repay the loan over the long term. It also creates a ...

Rule for Selling Government Mortgages to Fannie Mae Updated. Eligibility for delivery of mortgage loans backed by FHA, VA and the Department of Agriculture is now available on a negotiated basis only, Fannie Mae announced in a recent update to its Selling Guide (Announcement SEL-2013-01). The change is effective for all government loans, including whole loans sold to Fannie on or after May 1, 2013, and government loans in mortgage-backed securities with issue dates on or after May 1. Genworth to Delink Struggling Mortgage Insurance Operations from Holding Company. Genworth Financial plans to ...

The private mortgage insurance landscape is shifting in 2013 with the entry of a new MI provider, Genworth Financial’s announced plan to revamp its mortgage insurance business, and reports of a plan by Essent Guaranty to go public later this year. Fannie Mae and Freddie Mac last week approved National Mortgage Insurance Corp. as an eligible insurer, clearing the company’s entry into the U.S. mortgage insurance market with a scheduled launch in the first quarter of 2013. NMIC’s entry brings to seven the number of companies that are currently active in the MI market while three other companies are in a runoff mode. Earlier last year, NMIC parent NMI Holdings, Inc., raised...

Fannie Mae is informing the mortgage cooperatives it works with that going forward that all the different affinity groups doing business with the government-sponsored enterprise will be treated the same when it comes to guaranty fees and charges for its Desktop Underwriter program, Inside Mortgage Finance has learned. One executive close to the situation told Inside Mortgage Finance that action by Fannie essentially “equalizes” all cooperatives in terms of the pricing breaks they receive from the GSE. Some affinity relationships have been in place...

ReadyCap Commercial LLC, a startup based in Irvine, CA, issued its first loan approval a few days ago, and hopes to issue a commercial MBS by the fall. The company’s forte is what it calls “low balance” commercial mortgages, including multifamily, office, industrial and retail properties. Its loan size menu ranges from $500,000 to $5 million, company CEO Steve Skolnik told Inside MBS & ABS. Skolnik, who until last June headed commercial services at Aurora Bank FSB, is...

A temporary exemption for Fannie Mae and Freddie Mac mortgages is among the plethora of provisions contained within the Consumer Financial Protection Bureau’s long-awaited “qualified mortgage” rule issued last week. Even so, credit unions fear onerous GSE buyback requirements may be an unintended consequence of the new rule.Called for by the Dodd-Frank Act, the CFPB’s QM rule lists the characteristics of a qualified mortgage, or one that regulators will presume will be within a borrower’s ability to repay the loan.

Last week’s $10 billion settlement between Fannie Mae and Bank of America over outstanding and potential repurchase claims is at least a truce in the bitter battle between the GSE and the bank that has simmered since the housing bubble burst. But the jury is still out as to how much business the two companies will do again going forward. Under the agreement, BofA will pay Fannie $3.55 billion cash and spend $6.75 billion to buy back some 30,000 loans sold by Countrywide Financial to the GSE. The “comprehensive solution” between the firms covers current and future repurchase obligations related to loans with an outstanding balance of $297 billion as of Nov. 30, 2012, that were originated and sold directly to Fannie from 2000 through 2008. The bank will also pay Fannie $1.3 billion in “compensatory fee obligations” for taking too long to address foreclosures.

With roughly $900 billion of mortgage servicing rights changing hands since October (or about to), and more on the way, Fannie Mae and Freddie Mac will be busy in the months ahead approving the transfer of MSRs.Much of the MSR product being sold by Bank of America in its recent deal with Nationstar Mortgage and Walter Investment Management Corp. is tied to loans guaranteed by Fannie, Freddie and Ginnie Mae.Servicing advisors who’ve worked with the GSEs note that their approval on a servicing sale is hardly a routine matter, especially if the product has high delinquencies, which is the case with some of the BofA receivables.

It’s no secret that Fannie Mae and Freddie Mac are back in the black when it comes to earnings, but in the quarters ahead the two are likely to perform even better as delinquencies and foreclosures continue to wane, and they move to recapture some of their massive loss reserves. But another factor could bolster their earnings as well: large legal settlements with the nation’s megabanks, which will go straight to their bottom line, according to an analysis done by Inside The GSEs. As part of Fannie’s buyback settlement with Bank of America (see related story on page 1), Fannie will receive some $3.6 billion in cash from the bank, plus BofA is repurchasing almost $7 billion in legacy loans.

Fannie Mae and Freddie Mac combined did more business in single-family mortgage-backed securities issuance in 2012 than in any year since 2003, with a growing share of their business coming from small and mid-sized lenders, according to an Inside The GSEs analysis. The two GSEs pumped out a staggering $1.266 trillion in new single-family MBS in 2012, a 48.1 percent increase over their total production in 2011. It marked the biggest annual output by Fannie and Freddie since the all-time record of $1.912 trillion nine years earlier.