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CA Eyes Eminent Domain Seizure of Mortgages, Securitization, Lender Groups Express Alarm

July 6, 2012
Representatives of the mortgage lending and securitization sectors are deeply concerned about and strongly opposed to a move in California that would use eminent domain to seize current non-agency mortgage loans and force their terms to be modified to ensure the affected homeowners can stay in their homes. The California county of San Bernardino and the cities of Ontario and Fontana have proposed to create a “joint powers authority to assist in preserving home ownership and occupancy for homeowners with negative equity within the parties’ jurisdictions,” according to a resolution adopted by the...
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Delinquencies Increase on Home-Equity Loans

July 6, 2012
Delinquencies on home-equity loans increased in the first quarter of 2012 and industry analysts expect further increases even though first-lien mortgage performance has been improving. The top two holders of HELs have differing strategies on HEL originations, and some smaller banks are also pushing the products. The serious delinquency rate on HELs hit 2.83 percent in the first quarter of 2012, according to the Inside Mortgage Finance Bank Mortgage Database. Delinquencies increased 34.1 percent from the end of 2011 and ...
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Wide Differences Persist in Re-Default Rates

July 6, 2012
Loan modifications performed on mortgages in bank portfolios perform much better than mods on mortgages included in non-agency mortgage-backed securities, according to an analysis by Inside Nonconforming Markets of new data from the Office of the Comptroller of the Currency. The performance varies significantly even as the two types of non-agency mortgages receive the vast majority of principal reduction loan mods. The 12-month re-default rate on mods implemented from 2008 through the first quarter of 2011 was ...
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FDIC Hopes to Mark ‘The Worst’ Subprime Loans

July 6, 2012
The Federal Deposit Insurance Corp. is revising its definition of subprime mortgages in an effort to better compare bank portfolios, according to analysts that worked on the rule proposed by the FDIC in March. Brenda Bruno, a senior financial analyst at the FDIC, said the regulator is looking to classify “the worst” of subprime mortgages as higher-risk. “We are looking at those assets that are really sort of the ‘bottom of the barrel’ type assets,” she said last week during a webinar sponsored by VantageScore Solutions ...
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Two Harbors Sees High Yields in Subprime MBS

July 6, 2012
Subprime mortgage-backed securities offer returns of at least 10.0 percent per year for selective investors, according to Bill Roth, co-CIO at Two Harbors Investment. “We are able to assume the default of a significant portion of borrowers who are currently making their payments, assume a declining housing market and still be able to earn an attractive yield,” Roth said last week during a webinar hosted by the real estate investment trust. He added that home prices could decline by another 20 percent in the next year and ...
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FHA Low MIP Pools Attractive for Investors

July 6, 2012
Given the features of the enhanced FHA streamline refinancing product, investors will be focusing on the FHA low mortgage-insurance premium (MIP) pools in the coming months, according to analysts with Barclays Research. Barclay’s analysts estimate that 27 percent of outstanding Ginnie Mae MBS pools are eligible for streamline refinancing, which could translate to $36 billion in new annual Ginnie Mae issuance. Approximately $293.0 billion of Ginnie Mae’s $1 trillion-plus 30-year loan pools were originated before May 2009, analysts said. About 79 percent of the collateral underlying the pools are ...
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BofA, Flagstar Pay Settlements, OIG Reports

July 6, 2012
The Department of Housing and Urban Development said it has received $1.2 billion in recent settlements with large mortgage lenders and servicers but HUD’s internal watchdog, which did much of the legwork in the investigations, reveals a much smaller amount. According to recent audit reports published by HUD’s Office of the Inspector General, only Bank of America and Flagstar Bank have made payments under settlement agreements with HUD and the Department of Justice to resolve government claims. In separate memos to HUD’s Office of General Counsel last month, Kim Randall, director of the HUD OIG Civil Fraud Division, sought clearance to ...
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Vast Majority of Repurchase Demands on Non-Agency Mortgage Securities Remained Disputed in Early 2012

June 29, 2012
Relatively few repurchase demands on mortgage loans backing non-agency MBS were resolved during the first quarter of 2012, according to a new Inside MBS & ABS analysis of disclosure filings made by 34 securitizers. The securitizers reported that a total of $29.03 billion of loans were in some stage of the process following demands that the mortgages be repurchased because of breaches of representations and warranties by the originator of the loans. But of that amount, some $28.62 billion – 98.6 percent of total activity – were classified...(includes one data chart)
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Mortgage Banking Profits Up Sharply in 2012

June 29, 2012
Mortgage banking profits on loan origination soared in early 2012, while servicing operations edged into profitability, according to the latest average performance data reported this week by the Mortgage Bankers Association. The average firm participating in the MBA survey reported $2.027 million in net income after adjustments during the first quarter. That was up 68.9 percent from the fourth quarter and more than four times the average profit earned...
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Disparate Impact Theory May Be on the Ropes

June 29, 2012
The disparate impact theory of racial discrimination and the question of whether such claims can be brought under the Fair Housing Act have once again been brought to the doorstep of the Supreme Court of the United States. The case pits Mount Holly, NJ, against a citizens group that says the town’s redevelopment plan for their neighborhood would have a disparate impact on the mostly minority population of the area. The town prevailed in state court and in federal district court, but the Third Circuit appeals court ruled...
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