More sales of mortgage servicing rights are expected as a result of final Basel III capital rules approved by U.S. bank regulators over the past week. As anticipated, the Federal Reserve and other agencies declared that mortgage servicing rights cannot exceed 10 percent of Tier 1 capital – or 15 percent when deferred tax assets are factored into the equation. As was originally proposed, any MSR amounts above 15 percent must be deducted from Tier 1 capital, and any amounts included in capital will carry a risk weight of 250 percent. “Mortgage servicing rights were not given...
Fannie Mae and Freddie Mac announced this that week that they will rely on mortgage sellers to make sure all the loans sold to the government-sponsored enterprises starting next year will be “qualified mortgages” that meet the controversial limit on points and fees. Some aspects of the QM standard will be easy to quantify and meet, such as maximum loan terms of 30 years and no interest-only payment plans. The 43 percent cap on debt-to-income ratio that’s part of the ability-to-repay rule issued by the Consumer Financial Protection Bureau will be waived for the GSEs. The stickiest wicket is...
The mortgage banking industry recently declared victory in the wake of a federal appeals court decision to overturn a previous court ruling, which had upheld a 2010 administrative interpretation by the Department of Labor that mortgage loan officers are entitled to overtime pay. In Mortgage Bankers Association v. Seth D. Harris, acting secretary of U.S. Department of Labor, a three-judge panel from the U.S. Court of Appeals for the District of Columbia reversed a lower court’s decision denying the MBA’s motion for summary judgment. At the same time, the appellate court remanded the case to the district court with instructions to vacate the DOL’s 2010 interpretation of the administrative exemption under the Fair Labor Standards Act (FLSA). The court, however, left...
Two insurance industry trade groups recently filed suit in federal district court to contest the Department of Housing and Urban Development’s final rule formalizing its “disparate impact” interpretation of the Fair Housing Act, which asserts that housing policies and practices can be deemed discriminatory not only through their intent but also by their effects. The rule, issued in early February, formally establishes the three-part burden-shifting test for determining when a practice with a discriminatory effect violates the Fair Housing Act. The American Insurance Association and the National Association of Mutual Insurance Companies, whose members sell homeowners insurance, challenged...
The FHA is considering whether to establish a maximum limit for “unacceptable” loans as well as a process to make post-endorsement reviews more efficient.
As reported by Inside MBS & ABS earlier in the year, the two GSEs are sitting on large unrealized gains on some of their MBS holdings, including non-agency.
In recently issued guidance, the VA said reduction of principal in connection with a loan modification may produce a higher expected return for a servicer than termination of the loan.
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