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2013 FHA, VA Loan Limits Vary in Many Markets

December 21, 2012
The FHA and VA have announced loan limit adjustments in many counties even as disparities with conventional loan limits persist in 2013, according to a new analysis by Inside FHA Lending. FHA loan limits for forward mortgages will increase in 2013 for 19 counties, 10 of which are part of the Houston metropolitan area. In those counties, the one-unit limit is going up just $1,500 to $272,550. The remaining counties are in Alaska. Congress authorized the “emergency” loan limits for high-costs markets – still $729,750 for FHA and $625,500 for Fannie Mae and Freddie Mac –to run through Dec. 31, 2013. The base loan limit nationwide and in ...
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DASP Note Sales Strong, Help Boost MMI Fund

December 21, 2012
The Department of Housing and Urban Development reported strong note sales of more than $1.7 billion under the expanded Distressed Asset Stabilization Program (DASP) and announced another big sale in the first quarter of 2013. Preliminary results from the sale in September showed record participation among interested bidders on 13 pools. In total, the 13 pools went to 10 different entities, among them nonprofit and community-based organizations, according to HUD. While still in the process of settling the transactions, the FHA said it is very ...
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HUD Will Have Its Regulatory Plate Full in 2013

December 21, 2012
Despite the renewed focus on the FHA in the wake of the recent actuarial report, analysts do not expect any meaningful action in 2013 given the important role that FHA plays in supporting the housing market. But that does not mean that the Department of Housing and Urban Development will be sitting idly by next year. It has a lot of additional measures to implement to protect and preserve the FHA Mutual Mortgage Insurance Fund, HUD Secretary Shaun Donovan told Senate lawmakers recently during a hearing on the condition of the fund. The changes are both ...
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FHA Issues Guidance on Loss Mitigation Options

December 21, 2012
An FHA lender need not cancel a scheduled foreclosure sale to reassess a borrower if the property is non-owner occupied, vacant or an investment property, according to newly issued agency guidance. Under such circumstances, the lender does not have to cancel a foreclosure sale date because loss mitigation retention options are only available to owner-occupants, the FHA explained in a frequently-asked-questions guidance on the revised requirements for loss mitigation retention options. The FHA announced the changes last month in an effort to ...
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Around the Industry

December 21, 2012
The FHA has made changes to its internal systems to make sure lenders are paying the correct recertification fees based on the number of FHA-approved branch offices. Currently, an approved lender is required to pay annual recertification fees within 90 days of the end of the fiscal year to maintain approval for the next annual reporting period. Recertification fees cover the home office and each FHA-approved branch office. Previously, lenders were allowed to terminate branch offices at the start of the annual reporting period but before paying the recertification fees. However, system flaws caused ...
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CFPB Mortgage Servicing Proposal’s Private Right Of Action Could Stop Any Foreclosure ‘In Its Tracks’

December 20, 2012
The mortgage servicing rule proposed earlier this year by the Consumer Financial Protection Bureau could easily be exploited to bring any foreclosure proceeding to a grinding halt, according to a leading mortgage industry attorney. If the rule is promulgated as currently written, that could cause mortgage lenders, who are already skittish about future losses, buyback demands and a host of other pending regulations, to pull back even further when it comes to providing mortgage credit. “The consequence of these regulations is to create...
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Qualifying Mortgage Lenders Could Develop Their Own Consumer Disclosures Under CFPB Proposal

December 20, 2012
Some mortgage lenders will be able to develop and test, on a limited basis, their own consumer disclosures, under a proposed policy issued last week by the Consumer Financial Protection Bureau. The disclosures would have to be approved by the bureau before being used. “The bureau believes that there may be significant opportunities to enhance consumer protection by facilitating innovation in financial products and services and enabling companies to research informative, cost-effective disclosures,” the CFPB said. “The bureau also recognizes that in-market testing, involving companies and consumers in real world situations, may offer particularly valuable information with which to improve disclosure rules and model forms.” The Dodd-Frank Act gave...
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Final CFPB Ability-to-Repay Rule Expected to Maintain Dominance of Agency MBS Issuance

December 14, 2012
The highly anticipated ability-to-repay rule from the Consumer Financial Protection Bureau is expected to perpetuate the status quo in the MBS market, with nearly all the action taking place at Ginnie Mae and the government-sponsored enterprises, according to speakers at a panel discussion hosted by the American Securitization Forum this week. The rule, which will provide legal protection for lenders that originate home loans meeting its “qualified mortgage” definition, will also likely continue the stream of plain vanilla mortgages that currently populate agency MBS. Edward Mills, a research analyst and senior vice president at FBR Capital Markets, suggested...
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CFTC’s Second Letter Clarifies Commodity Pool Treatment for Certain Securitizations, Provides Relief

December 14, 2012
The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission has issued an interpretation clarifying commodity pool treatment for certain securitizations and a no-action letter providing additional relief for certain legacy securitization entities. Specifically, the letter explains when exclusion from commodity pool regulation for certain securitization vehicles that do not meet any of the criteria set forth in an October 2012 no-action letter is appropriate. It also provides relief for certain securitization vehicles formed before Oct. 12, 2012. In the October no-action letter, the CFTC spelled out...
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ASF: Dodd-Frank Title VII Proposal Rife With ‘Unintended Consequences’ for Securitizations

December 14, 2012
Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act will carry two key “unintended consequences” for the structured finance industry should it be implemented in its current form, a trade group representative warned lawmakers this week. Testifying before the House Financial Services Subcommittee on Capital Markets and Government-Sponsored Enterprises, American Securitization Forum Executive Director Tom Deutsch said that Title VII’s treatment of commodity pools and margin requirements triggers two potential “compliance challenges” for some parties in securitization transactions that may hurt all of the beneficiaries of the deal. “We would not have expected...
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