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Much at Stake for Industry as Court Sets Date for Oral Arguments in Dispute Between PHH and CFPB

January 28, 2016
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...
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The Final MSR Transfer Count for 2015: $254 Billion; BofA a Major Seller of Ginnie Rights

January 27, 2016
John Bancroft
Not only has BofA reduced its presence in the FHA market, but it keeps dumping its Ginnie Mae servicing rights...
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Short Takes: Relief for the MI Industry? / The GOP Would Love to Cut HUD’s Staff / FHA Under Bernie Sanders? / WinWater’s New Jumbo MBS / AIG Finally Comes Clean on UG

January 27, 2016
Brandon Ivey and Paul Muolo
The House Financial Services Committee also has some unkind words for the Department of Housing and Urban Development and its 7800-plus workers...
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MBS Liquidity Falls to a New Low…

January 26, 2016
Paul Muolo
As a structural matter, the bank is moving the operation from its “securitized products” group to “macro trading.”
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Third-Party Originators More Daring on Credit in 4Q15

January 25, 2016
John Bancroft
Loan brokers were slightly more purchase-focused than retail lenders...
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Based on ‘Transfers,’ $254 Billion of Agency and Ginnie MSRs Changed Hands in 2015

January 22, 2016
John Bancroft
The Ginnie Mae market was the most active of the three, with an estimated $112.6 billion in MSR sales through the first 11 months of 2015.
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FINRA Drops Multifamily MBS from Proposed Margining Rules in Response to MBA Concerns

January 22, 2016
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...
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What We’re Hearing: Lower Expectations for MSR Sales / A Pivotal Quarter for Ocwen, Nationstar, Walter? / More Call Centers, Less Branches? / Can Loan Officers Be Replaced by Computers? / About that New Refi Boom…

January 22, 2016
Paul Muolo
There is also a school of thought that going forward, loan officers won’t be needed as much because of new origination technologies...
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Agency MSR Transfers Surge in 4Q15

January 22, 2016
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]
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TPO Originators More Daring on Credit in 4Q15

January 22, 2016
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]
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