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CFPB’s LO Comp Rule Targets Subprime Steering

January 25, 2013
Loan originator compensation requirements released this week by the Consumer Financial Protection Bureau aim to prohibit steering to subprime mortgages. The CFPB noted that during the subprime boom, some borrowers who would have qualified for prime loans were steered into subprime loans, with the steering largely tied to LO compensation. “Before the financial crisis, many mortgage borrowers were steered towards risky and high-cost loans because it meant more money for the loan originator,” said Richard Cordray ...
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New Appraisal Requirements for Subprime Loans

January 25, 2013
Federal regulators approved a final rule last week to set new appraisal requirements for higher-priced mortgage loans. The requirements include a complete exemption for “qualified mortgages” and certain other originations. Comptroller of the Currency Thomas Curry said the rule, along with the CFPB’s recent ability-to-repay rule, are key components in addressing the “worst economic practices since the Great Depression.” The final rule requires lenders originating HPMLs to obtain ...
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Expanded HAMP ‘Tier 2’ Off to a Slow Start

January 25, 2013
Six months after non-agency servicers were able to offer expanded loan modification options under the Home Affordable Modification Program, only 331 of such “Tier 2” mods had been completed, according to the Treasury Department. Industry analysts suggest that HAMP will fall well short of the Treasury’s volume goals when the program expires at the end of this year, possibly due to noncompliance by servicers. HAMP Tier 2 was announced in January and effective June 1, though not all non-agency HAMP servicers ...
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News Briefs

January 25, 2013
The Federal Housing Finance Agency and General Electric this week settled a lawsuit filed by the FHFA in 2011 regarding $549.0 million in non-agency mortgage-backed securities purchased by Freddie Mac. The settlement is the first on the FHFA’s 18 pending non-agency MBS lawsuits. The terms of the settlement were not disclosed. Residential Capital agreed to pay $297.6 million to Fannie Mae this week, prompting the government-sponsored enterprise to drop its objection to ResCap ... [Includes four briefs]
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FHA Originations Rise 22 Percent in 2012

January 25, 2013
Mortgage bankers funded $232.69 billion worth of FHA loans in 2012, a 22 percent jump from the year prior, but the improvement pales in comparison to business gains experienced by Fannie Mae and Freddie Mac, according to exclusive loan-level data compiled by Inside FHA Lending. By comparison, Fannie grew its business by almost 46 percent last year with Freddie improving loan purchases from seller/servicers by 49 percent. Still, it was FHA’s best quarterly showing ($64.03 billion) since the fourth quarter of 2010 when mortgage lenders originated $72.12 billion of product. And not surprisingly, consumers taking out FHA loans ... [2 charts]
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HECM Borrowers Renting Out to Voucher Holders

January 25, 2013
Poor oversight and monitoring have allowed certain borrowers with Home Equity Conversion Mortgage loans to illegally rent their properties to participants in the federal government’s Section 8 housing choice voucher program, according to the Department of Housing and Urban Development’s Office of the Inspector General (OIG). The second of two OIG audit reports on HUD’s oversight of the HECM program has concluded that department policies did not always ensure that borrowers complied with the program’s residency requirements. The audit found that 37 out of 174 HECM borrowers reviewed were ...
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HUD Warns About Sitting in on HECM Counseling

January 25, 2013
The Department of Housing and Urban Development is investigating reports that a loan officer of an approved FHA lender had participated in a reverse mortgage borrower’s counseling session, a practice HUD frowns upon but does not directly prohibit. A HUD representative declined to provide details but acknowledged that the report was part of informal discussions between department officials and stakeholders. “That information … has not been officially released in any form,” he said. “Once the details are finalized, we will be advising stakeholders.” The National Reverse Mortgage Lenders Association posted the ...
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Jumbo MBS Market Showed Signs of Recovery In 2012, Regulatory Fog Slowly Starting to Lift

January 18, 2013
The non-agency jumbo MBS market in 2012 posted its best year since the cratering of the U.S. housing market and financial market collapse back in 2008, and increased regulatory clarity may spur the recovery further in 2013. A total of $3.46 billion of non-agency jumbo MBS were issued last year, according to a new ranking and analysis by Inside MBS & ABS. In the pre-crash years, that level of issuance didn’t add up to a decent week in productivity. But last year’s prime non-agency MBS issuance was...[Includes three data charts]
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Ability-to-Repay Rule to Stymie New Jumbos, Raise Costs for Borrowers, Despite Certainty for Market

January 18, 2013
The ability-to-repay “qualified mortgage” final rule released last week by the Consumer Financial Protection Bureau will likely impair access to and the cost of jumbo and nonprime mortgage loans, in spite of the market clarity and certainty it provides, according to many market observers. Wall Street MBS analyst Laurie Goodman and the rest of her MBS strategy group at Amherst Securities said the implications for jumbo mortgage is that loans with debt-to-income ratios greater than 43 percent will not be made by most lenders, as these mortgages will not qualify for QM status. “The penalties for making non-QM mortgages can be...
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Moody’s Updates Non-Agency Servicer Criteria, Includes Trustee, GSE Data

January 18, 2013
Moody’s Investors Service recently implemented a significant overhaul of its methods for assessing servicers of non-agency MBS, replacing criteria issued in 2001. Among other changes, the new standards expand the data sources Moody’s will look at to include more timely figures from trustees and servicing performance for the government-sponsored enterprises. The analysis by Moody’s includes monthly loan-level data from the servicer if provided on a timely basis, monthly performance data from the trustee when available, and GSE servicing data as needed. Previously, the rating service largely relied on loan-level portfolio data from servicers. “The trust data is...
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