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Inside the CFPB
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Agency MBS Production Tumbled in October, Falling Below $100 Billion

November 8, 2013
John Bancroft
There was no surprise about why. Fannie Mae, Freddie Mac and Ginnie Mae securitized a total of $41.71 billion of refinance loans in October, down 22 percent from the previous month.
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Non-Agency MBS with Non-QMs Expected to Take a Rating Hit

November 8, 2013
Brandon Ivey
Glenn Costello, a senior managing director at KBRA, said the securitization of non-QM loans will require additional credit enhancement relative to QMs.
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Mortgage Firms Are Cutting Jobs Left and Right, But Loan Officers – So Far – Have Been Spared

November 8, 2013
Paul Muolo
If a residential loan officer isn't doing at least six units per month, should he (or she) be fired?
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Trustee Sues to Force Citigroup to Honor Repurchase Agreement; Citigroup Freed from Shareholder Suit

November 8, 2013
U.S. Bank, as trustee for a mortgage loan trust, has sued Citigroup in New York state court to force the financial giant to cure or repurchase defective loans from a securitized pool. In a separate case, a federal court in New York dismissed a shareholder action against Citigroup in connection with certain residential MBS. At issue in the first case is a pool of 4,792 mortgage loans that Citigroup Global Markets Realty Corp. purchased and securitized in May 2007. Citigroup sold the loans to Citigroup Mortgage Loan Trust, which, in turn, deposited the loans into the trust and assigned its rights to U.S. Bank. The trust then issued the MBS. According to the court summons and notice, Citigroup conducted...
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Security Issuers Concerned About Wide Range of Provisions in Re-Proposed Risk-Retention Rule

November 8, 2013
The risk-retention rule re-proposed by federal regulators in September needs significant adjustments, according to issuers of collateralized loan obligations and asset-backed commercial paper. Investors are largely happy with the re-proposed rule, and issuers concede that the re-proposed rule significantly improved on the rule initially proposed by federal regulators in 2011. The Dodd-Frank Act requires federal regulators to establish risk-retention requirements for certain securities that don’t meet qualifying standards. Issuers of such securities will generally be required to retain at least 5.0 percent of the risk from such issuance. “We remain concerned...
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FHFA Eyes CFPB’s Mortgage Chief for CSP CEO; Next Up: An Industry Advisory Board?

November 8, 2013
The Federal Housing Finance Agency has picked two “final” candidates to be CEO of the joint venture developing a common securitization platform for Fannie Mae, Freddie Mac and, potentially, some non-agency MBS issuers. According to industry officials close to the matter, Peter Carroll is one of the candidates to head Common Securitization Solutions, the name of the entity developing the platform. Carroll is currently the assistant director for mortgage markets at the Consumer Financial Protection Bureau. The identity of the other candidate could not be confirmed...
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Non-Agency MBS with Non-QMs Expected to Take A Rating Hit But Firms Haven’t Set Standards Yet

November 8, 2013
The non-agency mortgage market is expected to take the brunt of the changes prompted by the Consumer Financial Protection Bureau’s new ability-to-repay rule and requirements for qualified mortgages. However, two months before the rule takes effect, the rating services haven’t released guidelines for how non-QMs will be rated, prompting issuers to be cautious with plans for non-QMs. Kroll Bond Rating Agency was the only rating service to offer details to Inside MBS & ABS in response to questions about ratings for non-agency MBS once the QM requirements take effect. Glenn Costello, a senior managing director at KBRA, said the securitization of non-QM loans will require additional credit enhancement relative to QMs. DBRS and Standard & Poor’s declined...
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Groups Urge HUD to Remove Distinction Between Safe Harbor, Rebuttable Presumption in Proposed QM Rule

November 7, 2013
While the Department of Housing and Urban Development’s proposed definition of a “qualified mortgage” is superior to the treatment FHA-insured mortgage loans would receive under the Consumer Financial Protection Bureau’s QM rule, it would add significant regulatory burden and costs and increase litigation risks, warned mortgage lenders. HUD’s proposed distinction between safe harbor and rebuttable presumption loans is unnecessary for FHA loans because they already meet QM requirements, according to industry trade groups. Rebuttable presumption would only impose more costs and reduce credit availability for borrowers who need FHA credit the most and likely create more confusion, lenders said. The inclusion of the FHA annual mortgage insurance premium (MIP) in the annual percentage calculation under the CFPB rule would cause...
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Rep. Watt’s FHFA Nomination Falls Short in Senate Vote, Dems Vow Another Try, Industry Observers Doubtful

November 7, 2013
Expect Senate Democrats and the White House to continue their push to see Rep. Mel Watt, D-NC, confirmed as the new director of the Federal Housing Finance Agency despite falling four votes short in a key procedural vote in the Senate last week. On Oct. 31, Senators voted 56 to 42 to limit floor debate on Watt’s nomination, well below the 60-member supermajority required to invoke cloture and shutter any potential filibuster under current Senate rules. Had Democrats been able to clear the 60-vote threshold and invoke cloture, it’s all but certain that Watt would have become the new FHFA director: the final vote on his nomination would then need only a simple majority of 51 votes. Senate Majority Leader Harry Reid, D-NV, has expressed...
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With Mt. Holly Settlement, Disparate-Impact Debate Shifts To Pending Insurer Lawsuit Making Similar Claims v. HUD

November 7, 2013
A little-known case about disparate impact in housing and lending discrimination now before the U.S. District Court for the District of Columbia will likely be the stage for the next legal debate on the question whether disparate-impact claims are permissible under the Fair Housing Act. It could also decide whether the Consumer Financial Protection Bureau can apply disparate impact in its examinations and investigations. With the Mount Holly, NJ, town council reportedly poised to vote on a proposed settlement, the U.S. Supreme Court, for the second time in two years, would be deprived of the opportunity to decide the fate of disparate impact. Reports indicate the town council may have a decision by Nov. 7 and a settlement could end the case, Mount Holly v. Mount Holly Garden Citizens in Action, Inc., before scheduled oral arguments on Dec. 4. The Supreme Court was poised...
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