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ATR Litigation Expected to Be Limited

June 6, 2014
The Consumer Financial Protection Bureau’s ability-to-repay rule is unlikely to prompt a significant increase in litigation, according to DBRS. The rating service last week released its criteria for non-agency MBS with loans subject to the ATR rule and standards for qualified mortgages. “Although there are no historical ATR claim data to help forecast the rate of borrower challenges, DBRS anticipates that any action against lenders within a securitization trust will be minimal due to the uncertainty of borrower success and significant legal costs that potentially can be incurred.” In addition, third-party due-diligence reviews that confirm ATR compliance and representations-and-warranties obligations that motivate lenders to adhere to underwriting guidelines make litigation less likely, the rating service said. DBRS added...
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Nonbank Servicers Well Capitalized, Kroll Suggests

June 6, 2014
State regulators considering increasing capital requirements for nonbanks should hold off, according to an analysis by Kroll Bond Rating Agency. With encouragement from the Financial Stability Oversight Council, state regulators are considering prudential regulatory standards for nonbank mortgage companies. “We believe that large nonbank companies, and particularly seller/servicers in the mortgage sector, do not require formal capital requirements and other types of prudential regulation,” KBRA said in a report authored by Christopher Whalen, a senior managing director at the rating service. Nonbank servicers appear...
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News Briefs

June 6, 2014
The Independent Community Bankers of America announced this week that its ICBA Mortgage Solutions added jumbo products to its correspondent offerings. ICBA Mortgage supports community banks’ access to the secondary market for servicing-released programs; the correspondent offerings are provided by LenderLive. The new program includes loan balances of up to $2.0 million. ICBA said the program allows for in-house underwriting and has a no-cross-sell guarantee. “We are pleased to offer a product that will meet jumbo customers’ needs while protecting these valuable relationships,” said Robert Kallio, senior vice president of ICBA Mortgage Solutions. He stressed...[Includes two data charts]
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GNMA Bans Pooling of HECMs with Future Draws

June 6, 2014
Ginnie Mae has prohibited the pooling of Home Equity Conversion Mortgage loans that provide for future draws at a fixed rate of interest starting June 1, 2014. The agency said servicers that are committed to advance funds to borrowers at a fixed rate could become seriously undercapitalized if interest rates rise from the time of origination. “The impact of negative spreads between a fixed note rate and future prevailing rates could be exacerbated in such loans, and endanger the servicers’ capacity to meet their HMBS (HECM mortgage-backed securities) obligations, which require the issuer to maintain the capacity to advance funds as required under the HMBS program,” Ginnie explained in a recent memo to issuers. Program requirements include the funding of draw requests from borrowers and buying all related participations out of pools when the outstanding principal balance of the related HECM loan reaches 98 percent of the maximum claim amount, Ginnie noted. Borrower requests for ...
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Ginnie Cuts New-Issuer Approval Time to Six Months

June 6, 2014
Ginnie Mae is now approving applications to issue agency mortgage-backed securities in as little time as six months, a far cry from two years ago when it took as long as 24 months, according to figures provided to Inside FHA Lending. In fiscal year 2013, which ended September 30, the agency approved 77 out of 122 new issuer applications. Since the beginning of the current fiscal year through April, the agency has processed 47 new applications resulting in 20 approvals. A spokesman for Ginnie noted that the number of applications processed in fiscal 2014 was impacted “by the government shutdown” but also by the development of a new online application tool that will be rolled out this year. “The time it takes to get a Ginnie Mae approval has been getting better – as in faster,” said David Lykken, managing partner of Mortgage Banking Solutions, a consulting and advisory firm. “It’s true that the number of ...
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Progressive Groups Push to Have GSEs Finance the National Housing Trust Fund

June 5, 2014
Charles Wisniowski
Notably absent from Watt’s first major policy speech as FHFA director last month was any mention of the housing trust funds.
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FHFA May Unveil Comment Period for G-Fees and LLPAs Thursday

June 5, 2014
Paul Muolo
Industry observers believe that FHFA Director Mel Watt – who has been on the job since early January – wants to open up the “credit box” for low- and moderate-income borrowers.
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Purchase-Mortgage Lending Starts 2014 Ahead of Last Year’s Pace, But Volume Fell Sharply From 4Q13

June 5, 2014
New originations of both refinance loans and purchase mortgages fell sharply from the fourth quarter, with the biggest slump in the refi market, according to a new Inside Mortgage Finance ranking and analysis. An estimated $104 billion of refinance loans were originated in the first quarter, down 45.6 percent from the end of 2013. Compared to a year ago, refi production was down 76.2 percent. Refinance originations hit a cyclical high at the end of 2012 and early 2013, averaging nearly $440 billion per quarter, and it’s been going down steadily since then. With interest rates dropping in recent weeks, some mortgage observers say...[Includes one data chart]
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Suffering from the Production Drought, Warehouse Banks Plan to Make LOCs Backed by MSRs

June 5, 2014
Banks that extend warehouse lines of credit to non-depositories are suffering from a usage drought on their loans, forcing them to consider other asset classes to finance, including mortgage servicing rights. According to industry advisors and warehouse officials, there are at least half a dozen large banks that are dipping their toe into the MSR financing pool or contemplating such a move. “From what I’m seeing, a number of warehouse banks are looking...
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‘Profitability Covenants’ Could Cause Trouble For Some Correspondent Mortgage Sellers

June 5, 2014
Lenders that upstream product to the megabanks through correspondent loan sales are beginning to worry that because profits were so weak during the first quarter – or nonexistent – they might be cut off as sellers. Moreover, lenders fret that some of the largest players might shut the door on them for a different reason: they can’t deliver enough volume in an origination-challenged market. Speculation has focused...
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