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Lenders Fearful of Crashing at the Intersection Of ATR Boulevard and Fair Lending Expressway

June 13, 2013
Mortgage lenders are increasingly anxious that they may be blindsided by fair lending claims based on the disparate impact theory as they try to keep their business within the safe harbor for qualified mortgages under the new ability-to-repay rule. “My concern is about who’s going to do a QM and who’s going to do [non-QM] ability-to-repay, and how can we somehow get a disparate impact out of this?” said Charles Lewis, vice president of compliance services at the Missouri Bankers Association. Speaking at the American Bankers Association’s regulatory compliance conference in Chicago early this week, Lewis urged...
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Experts: GSE Shareholders Face ‘Heavy Lift’ in Suit Against Government Takeover of Fannie and Freddie

June 13, 2013
The federal government seized control of Fannie Mae and Freddie Mac by extra-legal means during the 2008 financial crisis and then went out of its way to curtail the two government-sponsored enterprises’ profits while unjustly denying GSE shareholders just compensation for their deliberately devalued holdings, according to a lawsuit filed this week. The suit filed by GSE shareholders in the U.S. Court of Federal Claims in Washington, DC, asserts the takeover of Fannie and Freddie by the Federal Housing Finance Agency was “unlawful and unwarranted” and an unconstitutional violation of due process which cost investors billions of dollars. “Even if a statutory basis existed...
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Will Non-QM Mortgages be the New Subprime? And How Will You Safely Navigate Those Waters?

June 13, 2013
Some experts are predicting that the new ability-to-repay rule issued by the Consumer Financial Protection Bureau, which sets the boundaries of “qualified mortgages,” will also lead some lenders to focus on so-called non-QM loans that will become the new subprime market. At the American Bankers Association’s regulatory compliance conference, held this week in Chicago, ABA Senior Regulatory Counsel Rodrigo Alba said publicly what many mortgage bankers have been thinking privately. Responding to a comment from one banker who said her institution might opt to do only non-QM lending, just for simplicity’s sake, Alba said, “Wanted or not, this may start leaning into being the new subprime.” He added...
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Community Lenders Seek Significant Exemptions From The Dodd-Frank Act, Have Had Support and Success

June 13, 2013
Community lenders are lobbying for significant exemptions to the Dodd-Frank Act and based on their track record and support in Washington, DC, they might be successful. The Community Mortgage Lenders of America released draft legislation this week known as “The Community Mortgage Lenders Act of 2013.” The bill would exempt community lenders from a number of mortgage requirements in the DFA and beyond. The bill defines...
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Lenders Fearful of Fair Lending Claims as ATR Draws Near

June 12, 2013
Thomas Ressler
Speaking at a trade show gathering, the ABA's Chris Lewis urged bankers to educate upper management as well as front-line loan officers about the finer nuances of the Consumer Financial Protection Bureau’s ATR rule.
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House Grants FHA Authority to Supervise HECM Program by Mortgagee Letter

June 12, 2013
George Brooks
FHA officials had sought the legislation so they can act quickly to address problems involving the troubled HECM program.
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I Love New York? Not If You Need LO Approvals Quickly

June 12, 2013
Paul Muolo
Five different nonbank lenders were asked by Inside Mortgage Finance to name the slowest states in terms of approval times. All cited New York as being among the worst.
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Chairman of House Panel Weighs Replacing GSEs with a Non-Agency Market

June 12, 2013
Brandon Ivey
Rep. Carolyn Maloney, D-NY, countered that a purely non-agency mortgage market would be “a disaster to our economy.”
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HUD IG to Propose FHA Reforms, Will Expand Servicing Audits

June 12, 2013
George Brooks
The Inspector General of HUD plans to expand audits of FHA servicers later this year.
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Short Takes: Two Mid-Sized Nonbanks on the Auction Block / Buying GSE Stock is Not for the Faint of Heart / Underwater Homes Decline / Mortgage Master Expands Again / CFPB Brags About its Nonbank Supervision

June 12, 2013
Paul Muolo and Charles Wisniowski
The M&A rumor mill continues to spit out names. An offering book is circulating on CashCall and at least one other shop, IMF has learned.
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