“Linking of qualified residential mortgages (QRM) in the risk-retention rules to the definition of qualified mortgage (QM) in the CFPB’s ability-to-repay rules will further deepen the divide between QM and non-QM loans in terms of pricing and availability,” said attorney Stephen Kudenholdt of Dentons LLC.

The interaction between the qualified mortgage standard promulgated earlier this year by the Consumer Financial Protection Bureau and the qualified residential mortgage standard still being developed by other federal regulators is going to have a myriad of unpleasant side effects for the securitization sector, according to a top industry attorney. “Linking of qualified residential mortgages (QRM) in the risk-retention rules to the definition of qualified mortgage (QM) in the CFPB’s ability-to-repay rules will further deepen the divide between QM and non-QM loans in terms of pricing and availability,” said Stephen Kudenholdt, chairman of the capital markets practice at the Dentons LLC law firm in New York City. Speaking during a webinar this week sponsored by Inside Mortgage Finance, an affiliated publication, the attorney indicated...

The nation’s top court this week may have sent a subtle hint to the more than dozen big bank defendants being sued by the Federal Housing Finance Agency when it flatly declined to receive their petition to dismiss their cases, notes a legal expert. The 13 financial institutions – including Bank of America, Deutsche Bank, Goldman Sachs and JPMorgan Chase – sought to argue before the Supreme Court of the United States that the FHFA waited too long when it filed suit against the banks in 2011 over non-agency MBS the government-sponsored enterprises purchased prior to the 2008 financial crisis. SCOTUS said...

It’s not every day that a stock comes public at $20 a share, falls 7 percent on its first day of trading and then continues to drift downward. Then again, if that stock is a mortgage investing real estate investment trust like Cherry Hill Mortgage Investment Corp., it’s no big surprise. Thanks to rising interest rates – which actually have been in decline during the government shutdown and uncertainty over the U.S. debt ceiling – mortgage REITs have been battered in the market. Cherry Hill, a spin-off of Freedom Mortgage of Mt. Laurel, NJ, went...

The Department of Justice recently announced settlements from three fair lending actions, all of which included allegations related to wholesale mortgage lending operations. In the first case, Southport Bank of Kenosha, WI, agreed to pay $687,000 to African-American and Hispanic wholesale mortgage borrowers as part of a settlement to resolve allegations that it engaged in a pattern or practice of discrimination on the basis of race and national origin. The proceeds of the settlement will be used...

The Mortgage Bankers Association last week won affirmation of its July victory over the Department of Labor in the trade group’s appeal of a government policy that declared mortgage loan officers did not qualify under the administrative exemption to overtime pay. On Oct. 2, the U.S. Court of Appeals for the District of Columbia refused to grant a full-court review of its decision exactly three months earlier that sided with the MBA on how the DOL imposed overtime compensation requirements under the Fair Labor Standards Act. The MBA filed...

It's not looking pretty for gain-on-sale margins this quarter. However, interest rates will remain low.

Members of the House believe FHFA does not have the legal authority under HERA to reduce GSE loan limits.

With most of FHA's staff on furlough, the private mortgage insurance sector sees an opportunity to gain business.

Over the past year, some lenders have complained privately about the presence of enforcement attorneys during examinations, telling Inside Mortgage Finance that it can be intimidating to staff.