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Analysts: More Rep & Warranty Clarity Required

September 21, 2012
The new representation and warranty framework for GSE loans announced last week by the Federal Housing Finance Agency will go far to providing a clearer picture of prospective putbacks on loans delivered to the GSEs starting next year but more is needed, analysts conclude. At the FHFA’s direction, Fannie Mae and Freddie Mac are implementing a new rep and warrant framework for all conventional loans funded, acquired, securitized or guaranteed on or after Jan. 1, 2013. The new framework places greater emphasis on quality control review processes to be applied when the loans are delivered to the GSEs earlier in the loan process and improves the clarity around repurchase requests, noted Fitch Ratings.
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Use of Mortgages for Home Purchases Increasing

September 21, 2012
Homebuyers are increasingly using mortgages instead of cash to purchase homes, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. The share of non-cash financing methods for home purchases has increased significantly in 2012 as borrowers take advantage of low interest rates. Overall, the share of non-cash financing for home purchases increased from 65.9 percent in January to 68.9 percent in August, based on the three-month moving average. The increased use of ...
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Fannie, Freddie Ease HARP Repurchase Guidelines Among Other Adjustments as Momentum Wanes

September 20, 2012
Fannie Mae and Freddie Mac late last week announced another round of changes in the Home Affordable Refinance Program for underwater borrowers, including more liberal repurchase standards that some say may spur lenders to refinance other servicers’ loans. For HARP loans sold to the government-sponsored enterprises on or after Jan. 1, 2013, repurchase risk will be lowered if the borrower stays current in the loan for 12 months. Under a revised repurchase policy announced last week, representation and warranty risk will be eased for non-HARP loans that stay current for 36 months. Effectively immediately, the government-sponsored enterprises reduced...
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Fannie, Freddie Stake Out Different Position From Industry on CFPB’s APR Calculation Proposal

September 20, 2012
Fannie Mae and Freddie Mac support the Consumer Financial Protection Bureau’s proposal to institute a higher “all in” annual percentage rate calculation that would incorporate additional fees and charges – one aspect of the larger proposed rule to combine and simplify the consumer mortgage disclosure under the Truth in Lending Act and the Real Estate Settlement Procedures Act. “Fannie Mae and Freddie Mac support the bureau’s proposal to expand the finance charge for several reasons,” the two government-sponsored enterprises said. “First, it will make comparison shopping easier for consumers by eliminating the lack of clarity that now leads creditors to treat identical fees differently.” Second, a more inclusive finance charge will eliminate...
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Is Raising GSE G-Fees About Driving Business to the Private Sector or Just Eliminating the GSE Subsidy?

September 20, 2012
As federal regulators move to raise Fannie Mae and Freddie Mac guaranty fees for the second time this year, some industry analysts question whether it will help shrink the role of government programs in the mortgage market or simply shift more business to the FHA. “That’s a concern,” said Meg Burns, senior associate director for housing and regulatory policy at the Federal Housing Finance Agency, during the American Mortgage Conference sponsored by the North Carolina Bankers Association last week. “There are discussions all the time about what will FHA do when Fannie and Freddie are raising the g-fees, and whether FHA is actually in position to move the premium charges?” Burns noted that the government-sponsored enterprises have...
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Treasury Seeking More Improvements From Most Major HAMP Servicers

September 20, 2012
The Treasury Department acknowledged “considerable improvement” among Home Affordable Modification Program servicers last week while also prodding most companies to do better. Meanwhile, researchers suggest that operational issues at a few large servicers significantly reduced the total number of loan modifications that will be completed via HAMP. “While the servicers have improved their performance, they still have more progress to make,” Treasury said. Seven of the nine graded HAMP servicers needed “moderate” improvement as of the end of the second quarter of 2012. Among the major servicers, only OneWest Bank and Select Portfolio Servicing met all seven benchmarks set by Treasury. CitiMortgage was...
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Campbell Bill May Thwart Eminent Domain Efforts but Congress Cannot Stop States from Exercising Statutory Powers

September 20, 2012
Preemptive federal legislation may discourage states and local governments from using their eminent domain powers to seize mortgages, but it will not bar them from exercising such statutory rights, according to legal experts. Rep. John Campbell, R-CA, last week introduced the Defending American Taxpayers from Abusive Government Takings Act, which would prevent Fannie Mae, Freddie Mac, the FHA and the Department of Veterans Affairs from originating, insuring or guaranteeing mortgages from jurisdictions that have seized mortgage assets through eminent domain within the last 10 years. The proposed ban on FHA financing would...
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IG Prods Fannie and Freddie to Pay Closer Attention to Counterparty Risk

September 20, 2012
The Federal Housing Finance Agency is pushing Fannie Mae and Freddie Mac to devise contingency plans to address the potential meltdown of their business partners. The government-sponsored enterprises – which are themselves still in business under the conservatorship of the FHFA – had placed over 300 “high-risk” counterparties on watch lists as of the third quarter of 2011, according to a new report by the FHFA Office of Inspector General. The failures of four companies that do business with the GSEs have cost them some $6.1 billion since 2008, and they estimated they still have some $7.2 billion in exposure to high-risk counterparties. The OIG wants...
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Securitization Rate Remains Near Record High at Midway Point in 2012 as Non-Agency Mortgage Lending Languishes

September 14, 2012
The mortgage securitization rate through the first half of 2012 was down a few ticks from the record level reached in the first quarter of the year, but the market remained dominated by lending for Fannie Mae, Freddie Mac and Ginnie Mae MBS programs. A huge 91.5 percent of new mortgage originations were financed through the agency MBS programs during the first half of 2012, according to a new Inside MBS & ABS analysis. That’s down from the 95.8 percent securitization rate achieved in the first quarter, but it’s comfortably ahead of the securitization rates posted since the financial crisis of 2008. The sky-high securitization rate is partly due...[Includes one data chart]
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Bill Introduced to Thwart Use of ‘Eminent Domain’

September 14, 2012
Legislation was introduced this week in the House of Representatives that would effectively neutralize a proposal for local governments to use “eminent domain” powers to seize underwater mortgage loans and perform controversial modifications. Rep. John Campbell, R-CA, has introduced The Defending American Taxpayers from Abusive Government Takings Act, which would prohibit the FHA and VA from originating, insuring or guaranteeing a mortgage loan in jurisdictions that have invoked the power of eminent domain to seize a loan within the last 10 years. Fannie Mae and Freddie would be subjected to ...
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