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CFPB to Expand on Fed’s Anti-Steering Rule

August 31, 2012
The Consumer Financial Protection Bureau’s recent proposed rule regarding loan originator compensation would expand and clarify anti-steering rules established by the Federal Reserve, in effect since April 2011. “Compensation structures frequently gave loan originators incentives to steer consumers into loans with higher rates or other unfavorable terms,” according to the CFPB. The regulator’s proposed rule cited a consent order issued by the Fed in 2011 regarding subprime steering by Wells Fargo ...
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News Briefs

August 31, 2012
M&T Bank announced this week that it will acquire Hudson City Bancorp for $3.7 billion. The jumbo lender will merge into a subsidiary of M&T. Hudson City was the 10th-ranked non-agency jumbo lender in 2011, according to Inside Nonconforming Markets, with an estimated $3.15 billion in such originations. Officials at M&T said they acquired Hudson – which was having difficulties funding its jumbo originations – to expand M&T’s retail branch network. Officials at Hudson City said M&T will help expand ... [Includes five briefs]
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FHFA Stands Up for Non-Agency MBS Investors

August 17, 2012
The Federal Housing Finance Agency became the biggest opponent of proposals for local governments to use eminent domain to seize underwater loans from non-agency mortgage-backed securities. “FHFA has determined that action may be necessary on its part to avoid a risk to safe and sound operations at its regulated entities and to avoid taxpayer expense,” the conservator of the government-sponsored enterprises said in response to the proposed use of eminent domain to forgive principal on mortgages ...
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Downgrades Expected as S&P Revises Criteria for Pre-2009 Non-Agency MBS

August 17, 2012
Standard & Poor’s announced late last week that it updated the criteria for ratings on non-agency MBS with mortgage collateral originated before 2009. The new standards are effective immediately and will result in significantly more downgrades than upgrades, according to S&P analysts. The standards update criteria for credit, cash flows and rating stability, and introduce new methods for analyzing transactions that have fewer than 100 loans remaining in the pool. Vandana Sharma, a managing director and lead analytic manager for U.S. residential MBS ratings at S&P, said the new standards reflect key market trends. “In light of the stabilization of home prices and delinquencies in the U.S. mortgage market, these criteria seek...
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Ocwen the Only Firm to Grow Subprime Servicing in 2Q12, Performance Declines

August 17, 2012
Boosted by its acquisition of Saxon Mortgage Services, Ocwen Financial was the only major servicer to increase its subprime portfolio in the second quarter of 2012. And after three consecutive quarters of improvement, subprime performance deteriorated in the second quarter. An estimated $505.0 billion in subprime mortgages were outstanding as of the end of the second quarter of 2012, according to Inside Nonconforming Markets, down 3.4 percent from the previous quarter as subprime mortgage originations ... [Includes one chart]
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CFPB Rule May Spur Special Servicing

August 17, 2012
Two servicing rules proposed last week by the Consumer Financial Protection Bureau could shift more business to special servicers, according to industry analysts. While senior CFPB officials said that was not the intent of the proposals, special servicers appear to be better equipped than others to handle the complex new requirements. “The inadequate performance of many mortgage servicers has helped widen the misery for many Americans,” said CFPB Director Richard Cordray. He noted that the regulator ...
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Jumbo Borrowers Need to Document ‘Everything’

August 17, 2012
The interest rate environment is ripe for jumbo borrowers, but industry participants warn that underwriting standards for these loans are at least as stringent as standards for agency loans and much different than five years ago when many jumbo borrowers might have last bought a home or refinanced. “Be prepared to expose everything to examination,” said Bill Reiter, a senior loan officer at PNC Mortgage, speaking at a webinar last week hosted by Realtor Magazine. He noted that income, assets, tax returns and ...
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Physical Appraisals Proposed for Subprime Loans

August 17, 2012
Federal regulators this week proposed requiring a physical inspection of a property’s interior by a qualified appraiser for originations of “higher-risk mortgages,” the latest proxy for subprime loans. The requirement was included in the Dodd-Frank Act and could prompt more than 50,000 new appraisals per year. The Consumer Financial Protection Bureau estimated that full-interior appraisals are conducted as part of current practice in higher-risk mortgage originations on 95.0 percent of purchase-money transactions ...
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Chimera to Restate 3 Years of Earnings Due to MBS

August 17, 2012
Chimera Investment announced last week that it needs to restate quarterly earnings and other reports beginning with the third quarter of 2008 due to accounting on its portfolio of non-agency mortgage-backed securities. The real estate investment trust has been grappling with the issue for a year and has not issued earnings since the third quarter of 2011. While still completing an evaluation of the restatement, Chimera said the change will result in lower income along with a more than doubling of ...
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Wells Doubles Expectations for Settlement Refis

August 17, 2012
Wells Fargo recently determined that it will refinance up to 40,000 borrowers as part of the recent $25.0 billion national servicing settlement. The bank had previously estimated that it would refi 20,000 loans under the settlement, which targets portfolio loans with negative equity. “The expectations ... exceed the amounts that would result from just meeting our minimum commitments under the refinance program due to the significantly higher than expected response we have received from our customers in ...
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