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VA Announces More Policy Changes in the Pipeline

June 28, 2013
The Department of Veterans Affairs will soon seek comments on certain proposed rules that would allow VA underwriting guidelines to remain independent of the Consumer Financial Protection Bureau and to also implement a lender scorecard. After a lengthy discussion with the CFPB regarding the “qualified mortgage” rule, the VA said it will propose a rule that would prohibit CFPB’s new underwriting guidelines from superseding existing VA guidelines. The VA feels there is no need for any significant change to its current underwriting rules due to ...
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NRMLA, Groups Seek Enactment of HECM Bill

June 28, 2013
Reverse mortgage lenders, consumer groups and certain advocates for the elderly are urging Congress to enact legislation passed recently by the House of Representatives granting the FHA additional authority to govern its reverse mortgage program. Testifying before the Senate Banking Subcommittee on Housing, Transportation and Community Development, the groups said the most productive action Congress can take is to pass H.R. 2167 to allow HUD to make expeditious changes to the Home Equity Conversion Mortgage program through mortgagee letters. The bill, which the House approved on June 12, would ...
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Policy Shift on ‘Neither Admit Nor Deny’ Settlement Standard Could Put SEC in Bind, Legal Experts Say

June 28, 2013
The Securities and Exchange Commission and defendants in civil lawsuits will have to face the harsher realities of an open-ended policy change requiring defendants in certain civil lawsuits to admit guilt as a condition for settlement, say legal experts. There is apparently a consensus among industry attorneys that it will be difficult for the SEC to determine when to apply the new policy and to which cases. In addition, there is also the question of whether the SEC will have the discipline to reject a huge settlement and avoid the expense and uncertainty of a drawn-out trial, just so it could get an admission of guilt by a corporate defendant. According to global law firm DLA Piper, SEC Chairman Mary Jo White recently notified...
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Recent Rise in Interest Rates Has Market Talking About Margin Calls on Certain MBS Investors

June 28, 2013
The recent rapid rise in interest rates has some market participants talking about margin calls on MBS investors, but so far all the chatter appears to be speculative – although there still could be red ink out there, somewhere. At press time, the yield on the benchmark 10-year Treasury had stabilized at 2.54 percent. In mid-May the rate was 1.70 percent. That’s a run-up of 84 basis points. One secondary market official told...
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Foreign Investors Steered Clear of Non-Agency MBS & ABS in 2012, Increased Agency Holdings

June 28, 2013
Japan became the biggest overseas investor in U.S. MBS and ABS markets last year, moving past mainland China to head the ranking, according to final Treasury Department data. Japanese investors held $199.7 billion of U.S. MBS and ABS as of the midway point in 2012, the one time a year when Treasury releases detailed foreign holdings of U.S. long-term securities. That was up 21.3 percent from June 2011, when Japan held just $164.7 billion of MBS and ABS. The Japanese increased...[Includes one data chart]
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Billions of Dollars in Retroactive Losses From Forbearance Still Possible on Non-Agency MBS

June 28, 2013
Investors in vintage non-agency MBS could take $7.8 billion in losses due to previously undisclosed principal forbearance on top of the $1.0 billion in losses uncovered this month. However, a survey suggests that servicers don’t intend to pass the losses through to investors. The losses recognized in May were reported after Ocwen Financial took over servicing from Homeward Residential. Analysts warned that other servicing transfers could prompt similar losses. Bank of America Merrill Lynch said...
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The SEC Will Push for Admission of Guilt in Civil Cases, Including MBS

June 28, 2013
George Brooks
The SEC will push for admissions of guilt as part of settlements of lawsuits it files against private industry, including participants in the MBS market.
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What We’re Hearing: Cerberus Buys a Mortgage Firm? / Fear and More Fear for Jumbo Issuers / Freedom Sizes its Broker Network at 2,500 Strong / Mortgage Insurers Raise $8 Billion in Capital / The Mel Watt Nomination Saga Continues

June 28, 2013
It appears that Cerberus is going down the mortgage aisle one more time. Let's hope it doesn't end like GMAC. Meanwhile, jumbo MBS market seizes up, temporarily.
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Portfolio Lenders Concerned About Non-QMs

June 28, 2013
Lenders that originate home loans to hold in portfolio are concerned about the regulatory consequences of originating non-qualified mortgages. While some have asked for a blanket exemption from liability for non-QMs held in portfolio, Democrats in Congress appear unlikely to approve such changes. “Congress should amend the ability-to-repay statute to grant QM status to all mortgage loans held in portfolio by community banks,” Charles Vice, commissioner of the Kentucky Department of ...
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Servicers Persuade States Not to Adopt California’s ‘Homeowner’s Bill of Rights’

June 27, 2013
Brandon Ivey
Implementation of state-specific servicing standards like California’s would impose "divergent and conflicting standards" that will add costs to future home buyers and create confusion, said one MBA official.
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