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Experts: Inaction by Congress Delaying GSE Endgame

November 23, 2011
Unless Congress tackles the future of Fannie Mae, Freddie Mac and the government’s role, if any, in housing finance, expect the Federal Housing Finance Agency to continue to resolutely employ an increasingly imperfect and outdated conservatorship model to the GSEs, say industry observers. Several times while appearing last week before the Senate Banking, Housing and Urban Affairs Committee and the House Committee on Oversight and Government Reform, FHFA Acting Director Edward DeMarco pointedly urged lawmakers…
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Freddie Mac Expands Winter Incentives to Move REO Inventory

November 23, 2011
Freddie Mac is unwrapping a new set of incentives for its HomeSteps properties to both homebuyers and real estate agents this winter in an effort to pick up the sales pace of the GSE’s real-estate owned inventory.Through January 31, 2012, Freddie is offering homebuyers up to 3 percent of the final sales price toward closing costs while selling agents representing the owner-occupant buyer would receive a $1,000 bonus under the incentive plan.
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Fannie, Freddie Market Share Rises in 3Q11

November 23, 2011
Both Fannie Mae and Freddie Mac retained their hefty shares of mortgage-backed securities with something of a bump during the third quarter of 2011, according to a new Inside The GSEs analysis.The GSEs issued a combined $174.8 billion in MBS in the third quarter, a 12.8 percent increase from the second quarter. Compared to the third quarter of 2010, Fannie and Freddie saw an 11.2 percent decrease in MBS issuance during the first nine months of the year.
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Step Servicing Might Be ‘The Next Big Thing’

November 23, 2011
With the severe housing recession having created a more than abundant supply of poorly performing mortgages that will likely linger for years, “step servicing,” or varying compensation based on the amount of servicing work performed, may well be the wave of the future. “Currently, many in the industry are proposing step servicing fees for transactions including newly originated prime jumbo product,” said Kathleen Tillwitz, senior vice president of U.S. and European structured finance for DBRS, in a recent analysis. “As a result, the servicing fees we are seeing for prime jumbo loans are currently ranging anywhere from...
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More of the Same in 2012, Mixed Forecasts for 2013

November 23, 2011
Total single-family originations could drop another 20 percent or more in 2012, following a similar decline this year, according to mortgage industry economists. The consensus forecast from Fannie Mae, Freddie Mac and the Mortgage Bankers Association is that $1.28 trillion in home loans will be originated in 2011, a decline of 22 percent from last year’s estimated volume. But 2011 will prove to be just a prelude to another sharp decline in production next year. Despite the fact that mortgage rates are expected to stay at...
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Will Lenders Market HARP 2.0 More Aggressively?

November 23, 2011
One of the goals in the recent revisions to the Home Affordable Refinance Program is to stimulate more interest among lenders, largely through relaxed requirements on representations and warranties and some streamlining of the process. But HARP 2.0 also includes new guidelines on soliciting potential customers, both from the lender’s own portfolio and from borrowers currently serviced by another firm. A handful of lenders have begun touting the expanded program to consumers. The new program includes specific refi solicitation practices that lenders must...
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Mortgage Trends

November 23, 2011
Employment and income fraud risk has been steadily rising since 2009. Analysts at Interthinx attribute the growing risk to the misrepresentation of borrower data to meet the tighter debt-to-income ratios that lenders now demand. The Mortgage Fraud Risk Report shows that employment and income fraud risk in the third quarter was up 8.8 percent from the same period last year, and up 50.0 percent from the third quarter of 2009. One thing that doesn’t change is the states that have the highest exposure to this fraud; Nevada, the riskiest state, has an index value of 255, and Arizona comes in a close second with an index of 243. These...
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Dodd-Frank Forcing Lenders into Making More Compliance Hires

November 21, 2011
The regulatory burden of the Dodd-Frank Act creates pressure on community banks to hire additional compliance staff instead of customer-facing staff, reducing resources that could be directly applied to serving a bank’s customers, resulting in fewer mortgages getting made, slower job growth and a weaker economy, according to Steve Wilson, the American Bankers Association’s immediate past chairman. The Dodd-Frank provisions he cited as particularly troubling for community banks include risk retention, higher capital requirements, narrower qualifications for capital, and doubling the size of the deposit insurance fund – taking as much as $50 billion out of the earnings and capital of the industry in the process. “The Dodd-Frank Act also requires 20 new Home Mortgage Disclosure Act reporting obligations,” Wilson said in a speech last week. “These and other reporting requirements will add considerable compliance costs to every bank’s bottom line.”
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Calls Mount for Up/Down Vote on Obama’s CFPB Nominee Cordray

November 21, 2011
Calls increased last week for Republicans in the Senate to drop their opposition to an up-or-down vote on President Obama’s nomination of Richard Cordray to be the first director of the controversial Consumer Financial Protection Bureau. What’s noteworthy is that one Republican in the Senate, Scott Brown from Massachusetts, broke ranks with the rest of his party in saying he supported the nomination. Brown may be feeling the political heat of his challenger for the Senate seat he holds, Harvard professor Elizabeth Warren, the architect of the CFPB and the first special advisor to the Treasury hired to get the new bureau up and running after its creation by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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CFPB to Initiate Consumer Risk Assessment Process

November 21, 2011
The Consumer Financial Protection Bureau is about to begin its Consumer Risk Assessment process, one of the key components of the agency’s Supervision and Examination Manual. This process evaluates CFPB-supervised entities based on the amount of risk their activities pose to consumers, identifies the various sources of risk, and assesses the quality of risk controls they’ve put in place. This process is definitely something that those who have been concerned about the expansive powers of the bureau should ready themselves for, according to attorneys in the mortgage banking and consumer financial products practice at the law firm of K&L Gates.
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