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Home » Topics » Inside Mortgage Finance » Legislation

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Experts: Remove GSEs From Gov’t Control to Ensure Reform

December 6, 2013
Reform-minded lawmakers should move with all deliberate speed to restructure, recapitalize and remove Fannie Mae and Freddie Mac from the government’s hands or risk the taxpayers’ stake in the mortgage market, experts told members of the Senate Banking, Housing and Urban Affairs Committee. The committee’s hearing prior to the Thanksgiving break focused on when and how to terminate the charters of the two government-sponsored enterprises, as well as whether current revenue held by Fannie and Freddie should be used to offset the cost of the new system.
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W.J. Bradley Case Against Top Loan Producer Hinges on Ownership of Customer Information

December 5, 2013
A civil complaint filed by W.J. Bradley Mortgage in California state court against a former top loan officer and her new employer could decide what type of contact and other information an LO can take with them when they leave a firm. Since the fall, the WJB suit filed against former company LO Shelly Logemann, her new employer RPM Mortgage, its owners and others has been the talk of mortgage-banking circles in California and elsewhere. The case is being closely watched...
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Agency Jumbo Market Softened in 3Q13 While Non-Agency Volume Rose; ARMs Strengthen

December 5, 2013
The lift in jumbo mortgage production during the third quarter of 2013 came from the non-agency segment of the market, while new originations of “conforming jumbo” loans faltered, according to a new analysis and ranking by Inside Mortgage Finance. Fannie Mae, Freddie Mac and the FHA financed $25.48 billion in single-family loans that exceeded $417,000 during the third quarter, down 15.5 percent from the second quarter. Meanwhile, non-agency jumbo originations edged up 2.7 percent during the third quarter, hitting a six-year high. The strength of the non-agency jumbo market at a time when securitization of these loans has slowed...[Includes three data charts]
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Broker Group Planning to Sue CFPB Over Disclosure of Lender-Paid Compensation

December 5, 2013
The National Association of Independent Housing Professionals is maneuvering to sue the Consumer Financial Protection Bureau over broker disclosure of lender-paid compensation under the new ability-to-repay rule, but has yet to green-light an actual filing, pending a needed fundraiser, Inside Mortgage Finance has learned. “The CFPB is an independent agency with no oversight. From their inception on July 21, 2011, they have continually used their authority to pick winners and losers, causing unprecedented harm to consumers, mortgage brokers, loan originators, appraisers and other small-business housing professionals,” the organization said in a fund-raising appeal. “In order to stop these anti-consumer, anti-competition, job-killing rules, NAIHP is filing suit.” In its fundraising pitch, the group noted...
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Hensarling Might Push the PATH Act to House Floor but Lobbyists Say the Votes Aren’t There

December 5, 2013
House Financial Services Committee Chairman Jeb Hensarling does not have the votes needed to pass the Protecting American Taxpayers and Homeowners Act in the House and, unless he is willing to be flexible on certain key issues, the package may not reach the House floor at all in this Congress, according to industry lobbyists. Talk that Hensarling, R-TX, may make another push to get the PATH Act to the House floor surfaced this week following an opinion piece he published in the Nov. 27 issue of the Washington Times. In that op-ed, the chairman focused on the bill’s FHA reform component. Hensarling underscored...
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Jumbo Market Rebounds to Pre-Crash Market Share As Originations Tilt Away From Agency Programs

November 27, 2013
Fannie Mae, Freddie Mac and Ginnie Mae still provide most of the funding for home loans originated in 2013, but the non-agency sector has been making a stealthy comeback, according to a new analysis and ranking by Inside Mortgage Finance. Conventional-conforming loan production declined by 24.5 percent from the second quarter of 2013 to the third quarter, dropping to an estimated $275.0 billion. Although that still accounted for 59.8 percent of total production for the period, it was the lowest quarterly volume in conventional-conforming lending since the third quarter of 2011. Government-insured lending continued...[Includes two data charts]
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Outlook Uncertain as Tax Relief on Mortgage-Debt Forgiveness Is Again Set to Expire at Year-end

November 27, 2013
Tax forgiveness enacted by Congress in 2007 for mortgage-debt relief is scheduled to expire at the end of this year. In a similar scenario last year, Congress agreed to a one-year extension of the tax break, but analysts are less certain that Congress will pass another extension in the weeks ahead. The Mortgage Forgiveness Debt Relief Act of 2007 exempts borrowers from federal tax obligations for debt forgiven via principal-reduction loan modifications and short sales. Congress has twice extended the deadline for the expiration of the tax break. “Policymakers have expressed...
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Senate Trigger of ‘Nuclear Option’ Increases Risk Of FHFA Expanding HARP Eligibility Under Watt

November 27, 2013
The fallout from last week’s trigger of the “nuclear option” by Senate Democrats, which is expected to lead to the confirmation of President Obama’s choice to be the new director of the Federal Housing Finance Agency, has analysts worried about the possibility of expanded Home Affordable Refinance Program eligibility. The Senate voted to confirm most executive and judicial nominees by a simple majority vote, and it dramatically improves the prospects of Rep. Mel Watt, D-NC, to replace FHFA Acting Director Edward DeMarco. A career civil servant who has been the chief regulator of the government-sponsored enterprises for the past four years, DeMarco has resisted proposals to expand HARP and broaden the GSE loan-modification options to include principal write-downs. Expanding HARP has been...[Includes one data chart]
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FHA Approval Still Tight on Many Condo Projects

November 27, 2013
Many condominium properties continue to struggle to meet stringent FHA requirements while many condo projects are being denied approval despite the easing of FHA approval requirements in recent years. Panelists at a recent National Association of Realtors conference in New Orleans said condos are often the most affordable homeownership option for first-time homebuyers, single borrowers and senior citizens, especially when purchased with FHA financing. Condominium loans are among the strongest performing loans in the FHA portfolio, they added. However, FHA data show that ...
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Originating FHA Loans More Dangerous than Non-QMs

November 27, 2013
Imprecise rules, triple-damage claims and increasingly political enforcement of agency rules could make it more dangerous for lenders to do business with the FHA than to originate non-qualified mortgage loans, according to a top compliance expert. Larry Platt, a partner with K&L Gates, said that when lenders originate and underwrite FHA loans they are subjected to rules that are unevenly applied and politically enforced. It is a prescription for a financial bloodbath, especially if you add to it the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act, he added. Throwing the Department of Justice into the mix ...
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