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CFPB Servicing Proposed Rule Divisive for Servicers, Borrowers and Community Banks

October 11, 2012
Rules proposed by the Consumer Financial Protection Bureau in August to revamp servicing practices prompted widely varied reactions from servicers, individual consumers and community banks. Servicers largely sought to keep current servicing rules unchanged while borrowers asked for greater protections and community banks requested an exemption from the proposal. The CFPB said the proposed rules are aimed at ending “surprises and runarounds” for borrowers. The proposed rules incorporated a number of provisions included in the national servicing settlement and consent orders between servicers and federal regulators. Some of those provisions were required by the Dodd-Frank Act. Servicers largely suggested that the CFPB should not implement servicing rules beyond those specifically required by the DFA. However, the Consumer Mortgage Coalition, whose members include the servicers complying with the settlement and consent orders, called...
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Investors Seeing Strong Returns, Few Risks and Positive Outlook for Vintage Non-Agency MBS

October 5, 2012
Investors in vintage non-agency MBS have seen strong returns in recent months, particularly in August. Industry analysts suggest that returns are likely to remain elevated as there are few remaining risks for non-agency MBS and supply is limited. “Despite increased profit taking on this year’s impressive performance, bonds continue to trade well,” according to analysts at Bank of America Merrill Lynch. “While demand for non-agency bonds will likely grow as home prices recover, it will not be met with more new supply as is seen in the broader high-yield bond universe. This is a very strong backdrop for further price appreciation.” From the beginning of June through the end of September, pricing on the ABX index that tracks subprime MBS has...
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FHFA Announces Second REO Transaction in Chicago

October 5, 2012
The Federal Housing Finance Agency this week announced a second winning bidder of its pilot program to move GSE real estate-owned properties from money-losing foreclosures to money-making rentals and eventually off the books entirely. The FHFA announced that New York-based Cogsville Group LLC was the winning bidder of 94 Fannie Mae-owned properties as part of the FHFA’s REO pilot initiative. The firm paid $2.1 million for a share in a joint venture with Fannie, resulting in an estimated transaction value to the GSE of $11.8 million or 86.2 percent of the properties’ estimated value, according to the transaction summary.
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MGIC Secures Breathing Room From Freddie

October 5, 2012
Freddie Mac last week cut some slack in the form of a lifeline to MGIC Investment Corp. which will allow the mortgage insurer to write additional policies even as the MI and the GSE work through a simmering dispute over pool insurance. On Sept. 28, MGIC announced that Freddie has reduced the amount of capital contribution MGIC Investment must pay its principal subsidiary MGIC to $100 million from $200 million. The GSE also extended the deadline for this contribution from Sept. 30 to Dec. 1.
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New Risk Disclosures Proposed by FASB Will Cause Confusion, Lenders Contend

October 5, 2012
A proposal by the Financial Accounting Standards Board to require disclosure of liquidity and interest rate risk is unnecessary, costly and will cause confusion, according to industry participants. FASB proposed the Accounting Standards Update in June in an effort to increase disclosure of risks that led to problems in the mortgage market and beyond in 2008. FASB noted that liquidity risk and interest rate risk “were prominent during the recent financial crisis and continue to be relevant to ...
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Falling Rates Whack MSR Valuations

October 5, 2012
Declining interest rates forced mortgage bankers to lower the fair market value of their mortgage servicing rights during the second quarter, according to a new analysis of bank call-report data by Inside Mortgage Trends. Banks reported a total of $5.607 trillion of mortgage servicing for others as of the end of June, a 3.1 percent decline from the previous quarter. That represented about 81.8 percent of the total mortgage servicing outstanding that was tied to agency and non-agency ... [Includes one data chart]
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QE3 Will Boost Mortgage Banking Profits

October 5, 2012
The Federal Reserve’s decision to keep interest rates low until the U.S. economy creates a significant increase in employment will help banks continue to enjoy solid earnings from their mortgage banking activities, according to analysts at Credit Suisse. The Fed is increasing its already huge portfolio of agency mortgage-backed securities by $40 billion a month. Along with the $25 billion a month the central bank has been buying to replace principal paydown, the Fed’s total MBS acquisitions ...
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10 Steps to Combat Mortgage Fraud

October 5, 2012
The nature of mortgage fraud evolved over the past few years, and unless mortgage companies adapt to keep pace, they increasingly risk exposing themselves to fraud-driven losses, according to the auditing firm of PriceWaterhouseCoopers. “In the past, mortgage fraud largely occurred in the loan origination process. But with the sharp increase in mortgage defaults, fraudsters have evolved their schemes to target default servicing,” PWC said in a new white paper. “Now, more fraud is occurring among loan ...
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BofA Begins Extinguishment of Some 2nd Liens

October 5, 2012
In an effort related to the national mortgage servicing settlement, Bank of America announced last week that it has pre-qualified 150,000 borrowers to receive full extinguishments of their second-lien mortgages. Banks have been slow to modify second liens because their performance remains relatively strong even as borrowers struggle with first liens and negative equity. BofA said the full balance of second liens owned and serviced by the bank will be forgiven and the bank’s lien on the corresponding property ...
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Loan Mod Performance Improving

October 5, 2012
Servicers have seen increasing success with loan modification efforts in recent quarters, according to an Inside Mortgage Trends analysis of data released last week by the Office of the Comptroller of the Currency. While mod characteristics and performance vary widely, re-default rates largely appear to be tied to reductions in borrowers’ monthly payments. Re-default rates on mods completed in the past year are well below comparable rates for mods completed in 2008 and 2009. Some 44.7 percent of loans modified ...
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