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Inside the CFPB
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Ally to Pay $2.1 Billion As Part of ResCap Settlement Deal, Citigroup Becomes Second Lender to Settle FHFA MBS Suit

May 31, 2013
Ally Financial, the former parent of bankrupt Residential Capital, announced last week it will pay $2.10 billion to settle legal claims with ResCap and its creditors as part of ResCap’s comprehensive settlement agreement and Chapter 11 plan. Under the settlement, Ally will contribute $1.95 billion in cash to the ResCap bankruptcy estate, plus $150 million in insurance proceeds. The agreement also requires that Ally receive full repayment on its secured claims, including $1.13 billion that is owed under existing credit facilities. Announced earlier this month, the agreement gets...
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FHFA IG Warns that ‘Shadow Inventory’ is Much Larger Than GSE/HUD REOs

May 31, 2013
Charles Wisniowski
Even a fraction of the shadow inventory falling into foreclosure could considerably swell HUD and GSE ownership of REO properties.
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What We’re Hearing: Is FHA Headhunting Again? / Fear and Loathing in Refi Land / Why Some Mortgage Bankers Won’t Sell / Hedge Fund Buys Almost 12 Percent of PennyMac / Did Someone Purchase $500 Million of GSE Common Stock? / Athas’ New Subp

May 31, 2013
According to industry sources, the FHA recently sent out administrative letters to a handful of residential lenders. Meanwhile, yet another new subprime originator has emerged.
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Small Lenders Get Expanded QM Exemptions

May 31, 2013
The Consumer Financial Protection Bureau issued a final rule this week creating a fourth category of “qualified mortgages,” expanding on exemptions for small portfolio lenders. Certain small lenders will be allowed to receive QM protections for originations with interest rates higher than allowed for general QMs and the loans won’t have to meet the 43 percent debt-to-income ratio standard. The CFPB said the exemption will allow for originations of non-agency mortgages. “The bureau continues to believe that ...
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A Lot Riding on BofA’s Non-Agency Settlement

May 31, 2013
Two years after being announced, a judge is set to rule on Bank of America’s proposed $8.5 billion settlement involving non-agency mortgage-backed securities. The ruling will set a precedent for other non-agency MBS issuers facing repurchase requests, according to industry analysts. “Either the deal goes through and becomes a template for how to extract oneself from this mess, or it gets rejected and signals that far more pain is coming down the pike,” said Isaac Gradman ...
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Net Worth Rule Could Doom Small Lenders

May 31, 2013
The FHA’s net-worth requirement, now fully phased in nearly three years since it was revised, will help ensure that only responsible, well-capitalized lenders and mortgagees are involved in the origination of FHA-insured loans. However, small FHA lenders may get squeezed out in the process. On May 20, the second and final phase of FHA’s new net-worth rule became effective. The final rule provides that, regardless of size, all applicants for FHA approval and those with current approval must have a ...
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Interests Clash Under FHA’s New DAP Guidance

May 31, 2013
Lenders are at odds with housing finance agencies over the benefits of a new FHA guidance, which calls for documentation of downpayment assistance (DA) that HFAs provide to borrowers. The new guidance requires mortgagees to show written proof that funds provided by a federal, state or local government entity to help borrowers meet the FHA’s 3.5 percent minimum cash investment requirement actually came from the entity and not from some impermissible source. The guidance follows up on a rule issued by HUD last year clarifying an interpretation of the National Housing Act. The rule expressed HUD’s view that ...
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More Scrutiny for FHA Borrowers

May 31, 2013
A recent Federal Reserve survey of bank lending practices further confirmed a continuing trend among FHA lenders of refusing to lend to borrowers with FICO scores below 620 even though they qualify for the loan and could afford the required minimum 3.5 percent cash investment. About a third of senior loan officers who responded to the April 2013 survey indicated they were less likely to approve FHA home-purchase loan applications within the 580-620 FICO range this year compared to last year. They prefer lending to borrowers with a 720 FICO and who are making a 10 to 20 percent downpayment, the survey showed. An estimated 75 percent of banks cited the ...
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Texas Agrees to Allow HECM Purchase Mortgages

May 31, 2013
The Texas House of Representatives has approved legislation that will let voters decide on Nov. 5 whether to allow home-equity purchase lending in the Lone Star State. The bill would amend the Texas constitution to authorize Home Equity Conversion Mortgage for Purchase loans, which would make the program available to Texans for the first time. The state legislature voted 139 to 1 in favor of Senate Joint Resolution 18, which the Texas Senate approved unanimously in March. Specifically, the bill would amend the state constitution to ... [One chart]
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GNMA Finds No Dissent Against ‘One MBS’ Plan

May 31, 2013
Wall Street raised no objections to a Ginnie Mae proposal to consolidate its two mortgage-backed securities programs, indicating the move would be good for securitization and result in other positives. However, there appeared to be no consensus among players on how to get there. Representatives of Ginnie Mae and the Securities Industry and Financial Markets Association met early this month to discuss the agency’s proposal. Analysts agreed it is far too early in the game to discern a clear path towards a single Ginnie Mae MBS program and that implementation is likely years away. Nevertheless, there were ...
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