The Ninth Circuit Court of Appeals has dismissed an argument in a whistleblower case, ruling that Fannie Mae and Freddie Mac are not “federal instruments” for the purposes of the False Claims Act, a federal statute that’s been used aggressively against FHA lenders. The FCA imposes liability on persons that defraud government programs and was originally enacted to penalize private parties that profited illegally in selling supplies to the U.S. Army during the Civil War. In the case of United States ex rel. Adams v. Aurora Loan Services, Inc., et al., the government argued...
Analysts at Morningstar Credit Ratings have begun to see non-agency single-property investor loans materialize with a new twist: less dependence on the borrower’s ability to repay and more reliance on the cash flow stream of rental income. “The majority of loans made to landlords backed by single properties are underwritten as consumer loans, not business-purpose loans. The lender will scrutinize the borrower’s credit, income and assets,” RMBS analysts Brian Grow, Becky Cao and Olgay Cangur said in a new report. Also, rental income is included as part of the borrower’s overall income when calculating the borrower’s personal debt/income ratio and, thus, the probability of default. “Recently, Morningstar has been presented...
The purchase-mortgage market took the biggest hit during the fourth-quarter slowdown in mortgage originations, but strength in first-time buyer activity helped soften the blow. According to a new Inside Mortgage Finance analysis and ranking, refi originations held steady at $175 billion during the fourth quarter. Although refinance activity in the second half of 2015 was down sharply from the first six months of the year, it was still significantly stronger than at any time in 2014 and year-to-date refi originations were up 60.0 percent in 2015. The purchase-mortgage market also grew...[Includes three data tables]
The Consumer Financial Protection Bureau plans to host a call-in with a handful of trade groups shortly regarding delays and secondary market snafus caused by its integrated disclosure rule, but whether any true regulatory relief will be offered remains to be seen. In the meantime, industry officials continue to complain about delays in loan closings caused by the so-called TRID rule and the losses incurred by some nonbanks because loans are sitting on warehouse lines longer, especially non-agency jumbo loans. Late this week, Dave Stevens, president and CEO of the Mortgage Bankers Association, told...
A warehouse executive, whose bank is based on the East Coast, noted that when a nonbank client loses money two quarters in a row, “it triggers certain [warehouse] covenants.”
While industry participants continue to call for formal guidance from the CFPB regarding TRID defects, some predict that further help is unlikely at this time…
So far, only one of the two has released a position paper on housing issues (Hillary) while the other (Donald) should know quite a bit about housing, having constructed many condos and multifamily units in his day…
At the ABS Vegas conference the deal agent concept was touted by Monique Rollins, deputy assistant secretary at the Treasury Department, as a significant structural reform for the non-agency MBS market.
Freddie and Fannie both posted earnings north of $2 billion for the fourth quarter. But Freddie posted a net loss of $475 million in the third quarter of last year after booking a stunning $4.17 billion charge on its derivatives.
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