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MBA Scores Another Victory in Overtime Pay Case

October 7, 2013
Charles Wisniowski
In light of the court decision in the overtime pay case, the government must either appeal to the U.S. Supreme Court or start a formal rulemaking process to withdraw the 2006 opinion.
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Government Shutdown Week 2: MBA Fields Reports of Deals Stopping

October 7, 2013
Paul Muolo
Some lenders have vowed to close loans without IRS verifications, filling the void by asking for additional and in-depth documentation – but only on retail-sources mortgages.
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Judge Denies Motion to Dismiss FDIC’s Legal Action; NCUA Files Suit to Recover $2.4 Billion in MBS Losses

October 4, 2013
A Manhattan federal judge last week rebuffed a motion by a number of major lenders to dismiss a bid by the Federal Deposit Insurance Corp. against the firms in connection with $388 million of non-agency MBS sold to the now-defunct Colonial Bank. The FDIC filed its complaint in August 2012, alleging that the defendants – including JPMorgan, CitiGroup, Ally Securities, First Horizon, Credit Suisse, Deutsche Bank, Merrill Lynch and Wells Fargo – placed poor-quality loans in the 11 underlying residential MBS and then misled investors by marking them as safe investments. Montgomery, AL-based Colonial Bank failed...
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HUD Proposes QM Rule for FHA-Insured Loans

October 4, 2013
The Department of Housing and Urban Development this week proposed its own “qualified mortgage” rule for FHA-insured mortgage loans that builds off the existing QM rule finalized by the Consumer Financial Protection Bureau earlier this year. The proposed rule aligns with the ability-to-repay criteria in the Truth in Lending Act as required by the Dodd-Frank Act. Once the proposal becomes final and takes effect, it would replace the CFPB’s rule for FHA loans. The DFA has set a seven-year timetable for FHA, the VA and the Rural Housing Service to promulgate their own QM rules. HUD’s proposed QM rule would ...
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FHA Endorsements Flat in Second Quarter 2013

October 4, 2013
Overall FHA production saw little change in the second quarter of 2013 from the previous quarter, with the fixed-rate, 30-year product, refinances and jumbos weakening somewhat during the period, according to Inside FHA Lending’s analysis of FHA data. FHA endorsements dropped 0.7 percent to $63.2 billion from $63.7 billion on a quarter-to-quarter basis. It is also the second time the numbers have slipped since the fourth quarter, when new endorsements totaled $64.0 billion. During the quarter, the top FHA lenders saw their total production drop by ... [2 charts]
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Agencies on Limited Loan Guaranty Authority

October 4, 2013
The FHA was still able to endorse single-family mortgage loans during the first week of the partial government shutdown, although no FHA staff were available to underwrite and approve loans. A significant delay in the processing of new FHA insurance applications might have occurred this week because only 64 employees are still at work in HUD’s Office of Housing, which includes the FHA. HUD said it might need more essential employees per day, on an intermittent basis, to perform key activities. The department expects these calls for reinforcement to ...
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Around the Industry

October 4, 2013
HUD Delays Implementation of Short-Sale Participation Requirement. The implementation of the PFS Participation Requirement, which is found in Mortgagee Letter 2013-23, Updated Pre-Foreclosure Sale and Deed-in-Lieu-of-Foreclosure Requirements, has been delayed indefinitely. All other provisions included in the mortgagee letter remain in effect. Previous guidance on short-sale participation requirements also remain in effect until further notice. FHA to Consolidate Lender ID Numbers. The FHA will consolidate the lender identification numbers of those participating in both the FHA Title I and Title II programs, provided ...
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Non-Agency Jumbo MBS Issuance Slowed in Third Quarter

October 3, 2013
Brandon Ivey
Redwood Trust and Credit Suisse, the jumbo MBS sector’s two biggest players, slowed their securities issuance during the third quarter.
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Moody’s: More Than Half of BofA’s Foreclosure Referrals Are On Hold

October 3, 2013
Paul Muolo
Moody's, in a new report, notes that Bank of America outsources roughly 25 percent of its “early stage” collection efforts to vendors.
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Paper: GSE, FHA Buyback Demands Creating Lender Uncertainty, Freddie Scores $1.3b Repurchase Settlement

October 3, 2013
Policymakers at Fannie Mae, Freddie Mac and the FHA need to work with lenders to identify and resolve sources of buyback risk uncertainty in order to loosen the market’s grip on tight credit conditions, according to a white paper issued this week by Moody’s Analytics and the Urban Institute. Disagreements over lender judgment calls, post-underwriting chances in circumstances and nitpicking over trivial mistakes by the two government-sponsored enterprises and the FHA have stepped up put-backs “in ways lenders cannot adequately address through better underwriting or pricing,” note paper co-authors Mark Zandi and Jim Parrott. In 2011 and 2012, Fannie and Freddie together required...
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