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 ...

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]

After being indicted for loan fraud in 2012, Abacus Federal Savings Bank was acquitted of grand larceny and conspiracy charges last week that stemmed from a case brought by the New York District Attorney’s office that involved Fannie Mae. The small Manhattan-based bank, which primarily serves Chinese-Americans in the New York region, was accused of mortgage fraud and falsifying documents and then selling those faulty mortgages to Fannie from 2005 to 2010. Following a four-month trial and nine days of deliberations, a New York jury acquitted...

June 15 marks a new era for issuers and underwriters of MBS and ABS as a new rule from the Securities and Exchange Commission takes effect. For rated securities, even private placements, public disclosure of results from third-party due diligence reviews will be required before a deal is priced. Industry analysts suggest that the rule will prompt a number of changes in the market. “Many in-scope third-party due diligence services will have to be completed...

With interest rates rising again, the future looks somewhat cloudy for real estate investment trusts that invest in MBS, a situation that investors have grown accustomed to the past few years. According to figures compiled by Keefe, Bruyette & Woods, the 28 mortgage investing REITs tracked by the firm had a combined market capitalization rate of $47.8 billion at the end of May, a slight drop from a year ago when the tally was $49.0 billion. Then again, not all of the 28 are...

Over the past year speculators have placed some heavy bets against certain publicly traded mortgage companies by shorting their stocks, a “trade” that could be petering out as investors take their money off the table. According to investors and analysts who track companies such as Nationstar Mortgage, Ocwen Financial and Walter Investment Management, the share price of all three has fallen so dramatically that the days of easy profits are over. Ocwen, for example, presently trades...[Includes one data table]

The pending TILA/RESPA Integrated Disclosure (TRID) rule from the CFPB is going to raise the risk of losses for investors in U.S. residential mortgage-backed securities, according to a new report from Moody’s Investors Service. Currently, as Moody’s points out, RMBS trusts are liable for lender errors in calculating the finance charge, the annual percentage rate (APR) and certain other disclosures required by the Truth in Lending Act. However, they are not liable for errors on itemized settlement charges and other disclosures required by the Real Estate Settlement Procedures Act. Further, under the current regime, TILA and RESPA each require lenders to deliver both an initial and a final disclosure to consumers. “Whether an assignee can be liable for lender errors ...

Banks and thrifts held $155.55 billion of non-mortgage ABS on their books as of the end of March, a 2.3 percent decline from the previous quarter, according to a new Inside MBS & ABS analysis of call-report data. The first-quarter figures mark the fifth straight quarterly decline in bank ABS holdings, which peaked at $173.80 billion at the end of 2013. Bank ABS holdings were down 9.9 percent from the first quarter of last year. Almost every ABS category was...[Includes two data tables]

A federal appeals court in Chicago has set aside a $2.46 billion judgment against HSBC’s Household International unit and three of its top executives and ordered a new trial. Investors won the judgment in 2009 based on charges that the bank and its top executives misled them about its mortgage lending practices. The price of the stocks subsequently collapsed as the subprime mortgage market unraveled, causing huge investor losses. The class-action lawsuit alleged...

A new analysis by an economist at the Federal Reserve suggests that the Dodd-Frank Act’s risk-retention requirements won’t adequately address the issues that caused the structured finance market to essentially freeze in 2007. A paper by Alyssa Anderson suggests a deposit insurance-like agreement between investors and private market firms or the government would better protect investors from losses and reduce ambiguity. She stressed that increased uncertainty about securities, the potential length and depth of a downturn and possible government intervention contribute to investors shying away from securitization markets. “Given the presence of ambiguity, the market freeze can persist...