The mortgage industry’s continued use of marketing services agreements and other affiliated business arrangements hangs in the balance in a long-running dispute between PHH Corp. and the Consumer Financial Protection Bureau, which will be the subject of oral arguments April 12, 2016, before the U.S. Court of Appeals for the District of Columbia. “The PHH appeal is one of the most important Real Estate Settlement Procedures Act opinions to be decided by the courts in decades,” legal expert Phillip Schulman told Inside Mortgage Finance this week. “It will determine whether Section 8(c)(2) of the act merely clarifies the Section 8(a) anti-kickback provisions of the statute, as CFPB Director Richard Cordray claims, or whether it creates a safe harbor that exempts payments from a RESPA violation if those payments are for goods provided or services rendered, as the plain language of the act and several previous circuit courts have held.” Further, “This appeal will have...
MBS backed by multifamily mortgage loans would be exempt from a proposed rule that would establish margining requirements for multifamily agency finance. Had it been implemented as originally proposed, the rule would have amended the Financial Industry Regulatory Authority’s Rule 4210 to establish margin requirements in the single-family “to-be-announced” (TBA) market. At the same time, it would have also scoped in the multifamily housing programs of Fannie Mae and FHA/Ginnie Mae, according to the Mortgage Bankers Association. FINRA filed...
An estimated $254.15 billion of agency mortgage servicing rights were transferred in bulk sales transactions last year, according to a new Inside Mortgage Trends analysis of loan-level mortgage-backed securities disclosures. The peak of the market came during the second quarter of 2015, when a whopping $102.27 billion of MSR were transferred to new servicers. Some $61.80 billion of that was in the Ginnie Mae program, with Bank of America ... [Includes one data chart]
Correspondent originators and mortgage brokers continued to churn out relatively more purchase mortgages than retail lenders during the fourth quarter of 2015, according to a new Inside Mortgage Trends analysis of agency loan-level data. Some 34.6 percent of single-family loans securitized by Fannie Mae, Freddie Mac and Ginnie Mae during the final three months of last year were originated by correspondent lenders. And 69.1 percent of those loans ... [Includes one data chart]