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Mortgage Investors Cite Common TRID Errors

April 8, 2016
The Association of Mortgage Investors recently detailed a number of issues involving the TRID disclosure rule that have been uncovered in pre-purchase due diligence reviews on non-agency mortgages. The example errors were included in a letter from the AMI to the Consumer Financial Protection Bureau, which designed and mandated the new disclosure based on requirements of the Truth in Lending Act and the Real Estate Settlement Procedures Act. “In the near term ...
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Fitch Adjusts Criteria to Rate Nonprime MBS

April 8, 2016
Fitch Ratings revised its criteria for rating non-agency mortgage-backed securities backed by non-qualified mortgages last week. The new standards set the stage for Fitch to rate nonprime non-QM MBS. The new non-QM criteria from Fitch include expanded product assumptions for rating nonprime mortgages and loans to self-employed or non-wage-earning borrowers. When determining litigation liability, Fitch said it will make a distinction between non-QMs for “very high ...
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Warren Rehashes Blame for Subprime Crisis

April 8, 2016
Sen. Elizabeth Warren, D-MA, used a hearing by the Senate Banking, Housing and Urban Affairs Committee this week to highlight the Federal Reserve’s lack of action on subprime mortgages prior to the financial crisis of 2008. Leonard Chanin, currently of counsel at the law firm of Morrison & Foerster, took the brunt of Warren’s criticism. He was deputy director of the division of consumer and community affairs at the Federal Reserve and helped lead the division from ...
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News Briefs

April 8, 2016
A district court of appeals in Florida ruled in favor of a borrower this week in a case involving a foreclosure on a mortgage in a non-agency mortgage-backed security. The District Court of Appeal of the State of Florida, Fourth District, found that the trustee on a non-agency MBS issued by Bear Stearns in 2006 didn’t have the proper documentation to complete a foreclosure initiated in 2009. “An exhibit filed during the trial contained no indication that ... [Includes three briefs]
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GNMA Market Slumped in 1Q16, But Monthly Data Show Rebound

April 8, 2016
Ginnie Mae issued $93.41 billion of single-family mortgage-backed securities during the first three months of 2016, an 8.6 percent drop from the previous quarter, according to a new Inside FHA/VA Lending analysis of loan-level MBS data, excluding FHA reverse-mortgage activity. Early 2016 was the slowest market in a year for Ginnie MBS production, though it still was stronger than most of the agency’s pre-2015 business. And issuance in the first quarter of 2016 was 17.0 percent ahead of the volume produced during the same period last year. The soft spot in the first quarter was FHA lending, especially purchase-mortgage activity. Issuers delivered $54.44 billion of FHA loans into Ginnie MBS during the period, a 12.1 percent drop from the fourth quarter, including a 15.0 percent decline in FHA purchase mortgages. Securitization of VA loans fell by a ... [4 charts].
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HECM Lenders Get Some Latitude On Due-and-Payable Requests

April 8, 2016
The FHA has issued new, more permissive loss-mitigation guidelines for Home Equity Conversion Mortgages, including an optional extension for mortgagees when submitting due-and-payable requests. Additionally, the guidelines allow mortgagees to cure a HECM borrower’s taxes and/or insurance defaults as long as the FHA incurs no cost and the mortgagee agrees to refrain from seeking loan assignment for at least three years. The guidelines further remove a previous restriction prohibiting the use of the permissive loss-mitigation options announced in Mortgagee Letter 2015-11 for borrowers in foreclosure. Accordingly, for HECM loans that were in the process of foreclosure prior to the issuance of ML-2015-11, mortgagees may assess those borrowers for a repayment plan in accordance with the mortgagee letter. The repayment plan must have the ...
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TRID Continues to Plague Non-Agency Secondary Market; More Nonbanks Could Hit the Skids

April 7, 2016
The mortgage industry is keeping the heat on the Consumer Financial Protection Bureau, urging the powerful consumer regulator to issue official guidance on TRID disclosure errors and assignee liability as problems continue to plague the non-agency secondary market. According to interviews conducted by Inside Mortgage Finance over the past several weeks, problems persist in the secondary because certain jumbo investors won’t buy loans even if there’s just one, minor TRID error...
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Securitization Rate Nudged Higher in 2015, Still Well Below Post-Crisis Norm

March 25, 2016
Mortgage securitization made a small comeback in 2015, but softness in the non-agency MBS sector and higher guaranty fees required by Fannie Mae and Freddie Mac still played a huge influence in the market, according to a new Inside MBS & ABS analysis. An estimated $1.210 trillion of newly-originated home loans were pooled in mortgage securities last year, representing 69.7 percent of the $1.735 trillion in new first-lien originations. That was up slightly from the 67.8 percent back in 2014, which ranked as the lowest securitization rate since 2004, when just 62.6 percent of new originations were securitized. One issue is...[Includes one data table]
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Private Sector Works on Solution for TRID Issues; CFPB Is Watching

March 25, 2016
Proposed standards drafted by due diligence providers for how to handle TRID mortgage disclosure issues could be finalized as soon as next week, according to the Structured Finance Industry Group. TRID compliance violations uncovered by third-party due diligence firms are seen as a major contributor to the slowdown in non-agency mortgage-backed security issuance since the Consumer Financial Protection Bureau’s TRID rule took effect in October. And some have suggested ...
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Chase Prepares to Issue Unique Non-Agency MBS

March 25, 2016
JPMorgan Chase is set to issue a $1.89 billion non-agency mortgage-backed security stocked with prime conforming mortgages and jumbo loans. The deal will allow Chase to sell credit risk on some of the mortgages the bank has originated and retained even though the loans were eligible for sale to the government-sponsored enterprises. Chase Mortgage Trust 2016-1 received preliminary AAA ratings from Fitch Ratings and Moody’s Investors Service last week ...
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