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What We’re Hearing: What Happened at that White House Mortgage Meeting? / GSE Net Worth May Double / Market Share to Shift to FHA? / Largest Decliners in Fundings Use Brokers / What’s Next for CashCall?

April 26, 2013
The White House wants to change the HARP eligibility date, making more underwater borrowers eligible for the program, Inside Mortgage Finance has learned.
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Zandi Front-Runner for FHFA Director

April 26, 2013
Despite little vocal, organized opposition, expected industry group support and bipartisan praise, industry observers on Capitol Hill say it is far from a given that the White House will follow through and nominate Moody’s Analytics’ Chief Economist Mark Zandi to a five-year term as the director of the Federal Housing Finance Agency. The buzz has died down considerably since the White House leaked Zandi’s name early last week in the latest trial balloon of potential nominees to replace Edward DeMarco, who has led the FHFA in an acting capacity since September 2009. However, there’s a growing feeling of certainty within the industry that if President Obama does in fact follow through and sends a name to the Senate for confirmation, it would be Zandi.
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GSEs Poised to Hike Net Worth Requirements

April 26, 2013
Over the past year, Fannie Mae has sought to impose higher net worth requirements on seller/servicers but has been rebuffed – at least temporarily – by its regulator, the Federal Housing Finance Agency, industry sources familiar with the matter told Inside The GSEs. These same sources argue that the FHFA is definitely open to the idea of hiking the current net worth minimum of $2.5 million, but it wants to make sure that any change applies equally to originators that sell to both Fannie and Freddie. “Right now this is a process,” cautioned one observer. “It’s not an event. There’s no timeframe on this yet.”
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DeMarco Telegraphs FHFA Force-Placed Decision

April 26, 2013
Look for Fannie Mae’s and Freddie Mac’s regulator to press forward with its policy proposal to develop a set of aligned standards for force-placed insurance, the head of the Federal Housing Finance Agency told lawmakers last week. Testifying before the Senate Banking, Housing and Urban Affairs Committee, FHFA Acting Director Edward DeMarco said the agency plans to pursue a “broader approach” to force-placed insurance. “Our goal is to establish a set of standards that could be adopted by a broader set of mortgage market participants, similar to what was done with the Servicing Alignment Initiative,” said DeMarco. “This broadened approach will also enable greater regulatory coordination in an effort to consider the various issues associated with lender-placed insurance.”
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FHFA, OIG Heads Renew Staffing Level Dispute

April 26, 2013
The Inspector General of the Federal Housing Finance Agency told senators last week that the FHFA still doesn’t have enough examiners, in his opinion, to sufficiently regulate the GSEs, while the Finance Agency head noted that the FHFA has added more than 200 staffers since 2008, with just a bit more hiring planned. Testifying before the Senate Banking, Housing and Urban Affairs Committee, FHFA IG Steve Linick said that the Finance Agency is making progress on a number of fronts, including GSE assets and implementing the OIG’s audit and evaluation recommendations. However, following a 2011 OIG report which identified “shortfalls” in the FHFA’s examination coverage due to examiner shortages, the FHFA has made progress by “reorganizing the examination function and hiring new staff [but] it is not clear that the FHFA has achieved adequate resources.”
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FHFA Seeks Public Comment for Review of Outdated Regulations

April 26, 2013
The Federal Housing Finance Agency is soliciting comments from the public on how its regulations may be “more effective and less burdensome.” The FHFA’s call for comments in a April 19 publication of the Federal Register is in keeping with a 2011 executive order that calls for each independent regulatory agency, including the FHFA, to analyze its existing regulations and “modify, streamline, expand or repeal them,” as well as to make public a plan to periodically review its “existing significant regulations” to make the agency’s regulatory program “more effective or less burdensome” in achieving regulatory objectives.
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Lehman Sues FHLB Cincinnati for Unpaid Swaps

April 26, 2013
The Federal Home Loan Bank of Cincinnati says a unit of Lehman Brothers Holdings is not entitled to a multimillion dollar payday because the FHLBank did not short change the firm when it closed out swaps and options transactions ahead of Lehman’s 2008 bankruptcy. Last week, Lehman filed a breach of contract lawsuit in Manhattan federal court connected to 87 derivative transactions or interest-rate swaps with the FHLBank that fell apart when Lehman entered bankruptcy on Sept. 15, 2008, at the height of the financial crisis.According to its lawsuit, Lehman says the Cincinnati Bank violated its agreement by paying only $13.7 million when the transactions were terminated due to the firm’s Chapter 11 filing.
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Judge Orders UBS to Surrender Documents to FHFA

April 26, 2013
One week after UBS Americas failed in its bid to shutter a lawsuit brought by the Federal Housing Finance Agency in connection with non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac, the federal judge overseeing the case has ordered UBS to hand over internal documents to the FHFA the company argued were privileged. U.S. District Court Judge Denise Cote ruled last week that parts of memoranda from UBS’ outside counsel to the company which contained factual summaries of meetings held with third-party mortgage originators are not protected by attorney-client privilege and must be disclosed to the FHFA. “Even if it is true, as UBS argues, that the memoranda at issue were created for the ‘predominant purpose’ of rendering legal advice, that does not relieve UBS of the obligation to show that the entirety of each document is privileged,” wrote Judge Cote in her ruling.
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Mortgage Lenders Still Eyeballing New LOS

April 26, 2013
Almost one in five mortgage lenders in the country is still actively considering switching to a new loan origination platform, driven largely by the need to keep up with increasing regulation and, to a lesser extent, the desire for new features to gain or keep a competitive edge in the marketplace. According to the seventh annual compliance survey by QuestSoft, a provider of mortgage compliance software based in Laguna Hills, CA, 18.6 percent of lenders are reevaluating their current LOS platform, up from 0.1 percent in last year’s survey. Historically, the percentage of lenders considering an LOS change hovered...
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Agency REITs Warned of Interest Rate Risk

April 26, 2013
The Financial Stability Oversight Council issued a warning this week regarding the prolonged period of low interest rates, singling out real estate investment trusts that invest in agency mortgage-backed securities. “Agency REITs, a sector that how grown considerably in recent years, are highly exposed to a rise in interest rates,” said Trent Reasons, a senior policy advisor at the Treasury Department. An analysis of 16 REITs by Inside MBS & ABS, an affiliated publication, determined...
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