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New Rule for Due Diligence, Rating Services

June 12, 2015
A final rule issued by the Securities and Exchange Commission regarding third-party due diligence providers and rating services takes effect on June 15. The rule is set to prompt a number of changes in the non-agency mortgage-backed security market, largely targeting transparency. For MBS that receive ratings, public disclosure of results from third-party due diligence reviews will be required before a deal is priced. The disclosure requirement even applies to deals issued as private placements, which is the current practice for jumbo MBS ...
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Rating Outlooks Differ for Ocwen

June 12, 2015
Ocwen Financial’s servicing of certain mortgages in non-agency mortgage-backed securities remains at risk due to a downgrade watch issued last week by Standard & Poor’s. Officials at Ocwen said they were surprised by the announcement while noting that Moody’s Investors Service upgraded various ratings relating to the nonbank. S&P said it placed servicer ratings for Ocwen on watch for downgrade last week due to regulatory scrutiny of the company, results from ...
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First Tennessee’s FCA Settlement, Another Notch on FHA/DOJ Belt

June 12, 2015
First Tennessee Bank’s agreement with federal agencies to pay $212.5 million to resolve allegations of violation of the False Claims Act is the latest proof of the government’s unrelenting pursuit of FHA lenders over underwriting and quality control issues. The settlement once again demonstrates the federal government’s commitment to combat FHA fraud using the FCA to recover taxpayer losses, according to an analysis by Boston law firm Greene LLP. “[The Department of Housing and Urban Development] made a point of saying that this behavior is exactly what led to the financial crisis and housing market downturn,” Greene’s compliance attorneys said. HUD and the Department of Justice have vowed to continue to pursue and hold accountable lenders who put profits ahead of their customers and legal obligations, the attorneys added. According to the DOJ, First Tennessee, a regional bank, admitted ...
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VA to Propose New Requirements For Appraisers, Finalize QM Rule

June 12, 2015
The Department of Veterans Affairs expects to issue a final rule establishing ability-to-repay (ATR) standards and defining a “qualified mortgage” in October, according to the agency’s regulatory agenda for the second half of 2015. Proposed in May 2014, the rule would implement provisions of the Dodd-Frank Act, which, among other things, would require the VA to define the types of loans that are QMs under the new ATR provisions of the Truth in Lending Act. VA loans that are designated as QM would have either safe-harbor protections or the presumption that the borrower is able to repay the mortgage loan, in accordance with the new ATR provisions. The final rule would not change VA’s regulations or policies regarding mortgage originations, except when lenders want to originate QMs, the VA said. A VA spokesman clarified that action dates on any particular rulemaking are not ...
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Around the Industry

June 12, 2015
Deadline Extended for Submission of Due-and-Payable Request. On April 23, the FHA issued guidance to reverse-mortgage servicers on the types of loss mitigation options they may provide when a Home Equity Conversion Mortgage loan goes into default. If the default occurred before April 23, 2015, the guidance’s publication date, servicers have 180 days to submit a due-and-payable request if the borrower is unable to pay property charges and goes into default. Under the revised guidance, FHA is allowing a one-time extension through Oct. 20, 2015, for lender-servicers to submit the due-and-payable request. The FHA said the extension would ensure that the April 23 guidance is successfully implemented. Lenders Get First Look at FHAC Improvements. The FHA is providing an overview of the FHA Connection (FHAC) system enhancements to help lenders get ready before the ...
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Fitch Confirms that Use of Transaction Manager in Jumbo MBS Could Prompt Lower Credit-Enhancement Requirements

June 11, 2015
Brandon Ivey
Fitch noted that a transaction manager’s compensation agreement will be important in determining any benefit...
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Bayview Executive in Charge of Non-QM Purchases Departs, Says Volumes are Anemic

June 11, 2015
Paul Muolo
When asked why he thought non-QM lending has been so weak he said, “The consumer is resistant to the pricing.”
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Senators Seek Clearer Credit Risk- Sharing Plan for Fannie and Freddie

June 11, 2015
Carisa Chappell
The six, including Sen. Mark Warner, D-VA, and Mike Crapo, R-ID, are seeking additional information on such things as the role mortgage insurers play in credit risk...
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Home-Equity Lending Tapered Off in Early 2015, But New HELOC Commitments Tick Higher

June 11, 2015
Americans were too busy refinancing and shoveling snow to get new home-equity loans during the first quarter of 2015, a new Inside Mortgage Finance analysis reveals. Mortgage lenders did an estimated $19.5 billion of home-equity lending during the first three months of 2015, based on new commitments for home-equity lines of credit – by far the most active part of the HEL market – plus originations of closed-end seconds. That was down 7.1 percent from the fourth quarter of last year. Despite the slowdown in the first quarter, home-equity production was...[Includes three data tables]
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Lenders Frustrated with Reporting Requirements from State Regulators, Seek Delays and Limitations on Data Collection

June 11, 2015
Lenders pushed back against state regulators that are considering changes to the Nationwide Multistate Licensing System and Registry licensing forms and the Mortgage Call Report. The State Regulatory Registry, which operates nationwide systems for state regulators, received a total of 11 comments from individuals and organizations regarding a proposal issued in May. Lenders provided a few constructive suggestions along with voicing frustration regarding state regulators’ data collection efforts. Pete Mills, a senior vice president of residential policy and member services at the Mortgage Bankers Association, urged...
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