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Senate GSE Bill Clears Committee, Floor Vote Unlikely; Could Be Years Until Congress Attempts Reform Again

May 22, 2014
Housing-finance reform legislation is stalled for the remainder of this year and perhaps throughout the next congress after last week’s majority vote by the Senate Banking, Housing and Urban Affairs Committee to approve the bill, say industry observers. The committee voted 13 to 9 to report out a revised version of S. 1217, the Housing Finance Reform and Taxpayer Protection Act, just one vote more than the minimum to advance the bill for floor vote consideration. The committee approval likely marks...
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Johnson-Crapo GSE Reform Bill Clears Senate Banking Committee But Is Expected to Stall Waiting for Floor Vote

May 16, 2014
The Senate Banking, Housing and Urban Affairs Committee voted 13-to-9 to report out a revised version of the controversial housing-finance reform legislation, but the bill’s tweaks weren’t enough to win the support of the panel’s liberal Democrat members. Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, released their initial draft in March, which built upon the bill submitted last year by Sens. Bob Corker, R-TN, and Mark Warner, D-VA. Though the Housing Finance Reform and Taxpayer Protection Act of 2013, S. 1217, cleared committee with one more than the minimum 12 votes required, an affirmative vote of at least 16 of the 22 members of the panel had been seen...
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Sen. Warren’s Student-Loan Refinancing Measure A Negative for ABS in That Space, Analysts Say

May 16, 2014
Legislation introduced earlier this month by Sen. Elizabeth Warren, D-MA, to facilitate refinance options for struggling student loan borrowers could negatively affect existing student loan ABS trusts while benefitting certain kinds of bonds at the expense of others, according to Wall Street analysts that closely follow the space. Overall, it’s considered a negative. The good news is, the legislation isn’t expected to be enacted this year. The bad news is, other similar measures are expected to emerge after the November elections. Introduced May 6, 2014, S. 2292, the “Bank on Students Emergency Loan Refinancing Act,” would permit...
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Senate Committee Barely Votes Out GSE Reform Bill, Floor Vote Unlikely

May 16, 2014
An ambitious, bipartisan mortgage reform bill that would wind down Fannie Mae and Freddie Mac while repurposing the Federal Housing Finance Agency limped out of the Senate Banking, Housing and Urban Affairs Committee. The measure is expected to die waiting for a floor vote that will never occur. The committee voted 13 to 9 to report out a revised version of S. 1217, the Housing Finance Reform and Taxpayer Protection Act.
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Mass. AG Hints at Legal Action if FHFA Doesn’t Allow GSE Buybacks

May 16, 2014
Massachusetts Attorney General Martha Coakley, D, is calling on the Federal Housing Finance Agency to allow the GSEs to participate in a state-sponsored buyback initiative, as well as to allow principal reductions to keep Bay State residents in their homes “or face legal action.” In a letter dispatched this week to FHFA Director Mel Watt, Coakley said her office is reviewing “all legal options” regarding Fannie Mae’s and Freddie Mac’s refusal to comply with an August 2012 state law.
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Watt Redirects FHFA’s Policy to Stress ‘The Present’ in GSE Conservatorship

May 15, 2014
Under new management, the agency in charge of Fannie Mae and Freddie Mac is tacking their conservatorship in a different direction: focusing on preserving the two government-sponsored enterprises rather than driving them into shallow water. Federal Housing Finance Agency Director Mel Watt this week emphasized a focus on “the present” as he explained how he seeks to “reformulate” the agency’s past conservatorship goals to suit the housing finance market in the here and now. “I am...
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HFSC Votes to Override Multiple CFPB Rules, Despite Senate Signal

May 12, 2014
Members of the Senate Banking, Housing and Urban Affairs Committee from each party said there is interest on Capitol Hill in moving technical corrections legislation aimed at the Dodd-Frank Wall Street Reform and Consumer Protection Act. However, housing finance reform legislation comes first, said Sen. Bob Corker, R-TN, and Sen. Heidi Heitkamp, D-ND, in comments to attendees at the Independent Community Bankers Association of America’s recent 2014 Washington policy summit. Neither explained exactly why housing reform is the priority, but one observer speculated that, in football terms, “it’s probably because housing reform is closer to the goal line.” Given the suddenly deteriorating prospects for the leading measure in that regard, the so-called Johnson-Crapo bill, that doesn’t bode well for those...
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GSE Reform Bill in Flux as Markup Stalls

May 9, 2014
The Senate Committee on Banking, Housing and Urban Affairs is primed to resume its markup next week of legislation to reform the government-sponsored enterprises. While it remains unlikely that Congress will pass GSE reform legislation this year, industry participants of all sorts are working to change portions of the Senate bill. The markup last week was tabled after brief opening statements from Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, who are trying to ...
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VA Issues Interim Rule Identifying QM

May 9, 2014
The Department of Veterans Affairs has issued an interim final rule establishing that almost all VA loans that meet current agency underwriting standards will be “safe harbor” qualified mortgages. Certain VA streamlined refinancing will be “rebuttable presumption” QMs instead. Specifically, under the VA rule, safe harbor QMs include all purchase-money mortgage loans and refinances other than certain Interest Rate Reduction Refinance Loans (IRRRLs) guaranteed by the VA. Such a designation would help assure veterans they can still obtain mortgage loans on favorable terms while easing lenders’ fear of liability if they originate VA loans as well as investors’ concern about putting their money in VA loans, the agency said. In addition, the interim final rule confers QM safe harbor status to all VA direct loans, Native American direct loans and vendee loans. The VA QM rule complies with ...
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HECM Safeguard Extended to Non-Borrowing Spouses

May 9, 2014
The Department of Housing and Urban Development will soon seek comment on a proposal to extend equal protection to reverse mortgage borrowers and their non-borrowing spouses from displacement due to eviction or foreclosure. The proposed rule would codify the changes to existing Home Equity Conversion Mortgage regulations and make other alternative revisions as appropriate, according to HUD. The FHA expects to publish a notice of proposed rulemaking soon. Currently, the National Housing Act provides for a “safeguard to prevent displacement of the homeowner.” The provision defers repayment of the HECM until the homeowner’s death, the sale of the home, or the occurrence of other events specified in the regulations. Such events include the homeowner’s failure to reside in the property or failure to pay the required taxes and insurance. Without this provision, a reverse mortgage is ...
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