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Inside the CFPB
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Sponsored TPO Ordered to Indemnify HUD

October 12, 2012
The Department of Housing and Urban Development’s Office of the Inspector General is seeking indemnification from a sponsored third-party originator (TPO) for potential losses of more than $1.5 million due to poor loan documentation. The IG also ordered the TPO, Bankers Mortgage Group of Woodland Hills, CA, to reimburse the FHA insurance fund $58,704 for the actual loss on one FHA-insured mortgage loan. The IG also recommended that HUD impose fines on Bankers Mortgage for allegedly signing off on false loan information. IG auditors targeted BMG after internal investigators found significant ...
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Credit Unions Fill in Gaps as Industry HEL Holdings Continue to Decline; New Originations Up in 2Q12

October 11, 2012
Portfolio lenders held to a cautious strategy for home-equity lending during the first half of 2012, with most companies not doing enough new business to offset runoff in their retained holdings, according to a new Inside Mortgage Finance ranking and analysis. But several large lenders reported significant increases in HEL originations during the second quarter, and some institutions managed to originate enough new business to increase their retained portfolios. The credit union sector continued to show more enthusiasm for the business than commercial banks and savings institutions. As of the end of June, banks, thrifts and credit unions held...[Includes three data charts]
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GSEs Standardize Servicing Policies

October 11, 2012
Fannie Mae and Freddie Mac issued separate guidance to their mortgage servicers last week designed to continue the conservator-mandated effort to complement the servicing policies of the two government-sponsored enterprises and to develop a consistent framework for assessing servicer performance. The updated servicing policies seek to harmonize compensatory fee structures, servicer violations and remedies, and servicer terminations and transfer of servicing between Fannie and Freddie. Fannie’s and Freddie’s announcements also include...
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CFPB LO Comp Rule’s Zero-Zero Requirement Could Steer Borrowers into Pricier Mortgages

October 11, 2012
The “zero-zero” requirement in the loan originator compensation proposed rule pending at the Consumer Financial Protection Bureau could inadvertently steer borrowers into more expensive mortgage loans, according to a top industry official. “There is absolutely no doubt that forcing a zero-zero option is going to result in higher-priced loans,” said David Stevens, president and CEO of the Mortgage Bankers Association, during an Inside Mortgage Finance webinar this week. “Premium [loans] don’t get the same kind of multiple as a current coupon. So as the yield curve shifts and we see rates move, we’re going to see action that is going to make these numbers move around a lot.” To give a more extreme example, “if we have an interest-rate rally, you can drop...
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CFPB Servicing Proposed Rule Divisive for Servicers, Borrowers and Community Banks

October 11, 2012
Rules proposed by the Consumer Financial Protection Bureau in August to revamp servicing practices prompted widely varied reactions from servicers, individual consumers and community banks. Servicers largely sought to keep current servicing rules unchanged while borrowers asked for greater protections and community banks requested an exemption from the proposal. The CFPB said the proposed rules are aimed at ending “surprises and runarounds” for borrowers. The proposed rules incorporated a number of provisions included in the national servicing settlement and consent orders between servicers and federal regulators. Some of those provisions were required by the Dodd-Frank Act. Servicers largely suggested that the CFPB should not implement servicing rules beyond those specifically required by the DFA. However, the Consumer Mortgage Coalition, whose members include the servicers complying with the settlement and consent orders, called...
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NYAG Files First RMBS Task Force Lawsuit as Other Similar Actions Proceed in State Court

October 5, 2012
New York Attorney General Eric Schneiderman this week sued JPMorgan alleging fraudulent and deceptive acts in the pooling and sale of residential MBS by now-defunct Bear Stearns. Filed in the New York Supreme Court in Manhattan, the lawsuit is the first of several legal actions contemplated by the Residential MBS Working Group, a state-federal task force created by President Obama earlier this year to investigate those suspected of contributing to the financial crisis through the sale of defective mortgage certificates. Bear Stearns, which was taken over by JPMorgan, and co-defendant EMC Mortgage perpetuated...
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Questions Mount About Cost, Effectiveness of Fed’s Latest Quantitative Easing; Bernanke Pushes Back

October 5, 2012
The MBS market widely embraced the Federal Reserve’s decision to increase its holdings of agency MBS by $40 billion per month until job growth improves significantly, but some observers are questioning the long-term costs and effectiveness of the strategy. Mortgage Bankers Association Chief Economist Jay Brinkman said that the Fed plan is “a way to inject more money into the economy,” while noting that the purchase of the no-risk, lower-yielding assets is designed to force investors to expand their risk appetite. “The idea is that if the Fed steps in and buys up some of these safe-haven assets, that is going to force people to go out and invest more and take on more risk,” he said during an MBA conference in Washington, DC, this week. This approach “is actually turning...
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Private Capital Will Stay on the Fringes Until It Sees Clarity, Certainty in the Market, Experts Say

October 5, 2012
Private capital remains on the sidelines of the mortgage finance industry, unwilling to gamble on future government policy or the nascent recovery in housing markets, industry experts say. Banks and their examiners are pointing fingers at one another over who is responsible for the current credit crunch because regulations are not all in place, according to Mark Zandi, chief economist at Moody’s Analytics. During a symposium in Washington, DC, this week, Zandi said providers of private capital are also concerned about a housing market that has performed much better in the last six months but still raises doubts about sustaining house price gains. “I don’t think [it can be sustainable] until we nail down...
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FHFA Proposes New Securitization Platform

October 5, 2012
The Federal Housing Finance Agency late this week followed through on its promise to develop a post Fannie Mae and Freddie Mac secondary mortgage market infrastructure by releasing for public comment its proposed new securitization platform that could be used by either GSE, as well as by private issuers. The FHFA’s white paper proposed a framework for both a common securitization platform and a model pooling and servicing agreement. Public input on the proposal is due to the Finance Agency by Dec. 3.
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MGIC Secures Breathing Room From Freddie

October 5, 2012
Freddie Mac last week cut some slack in the form of a lifeline to MGIC Investment Corp. which will allow the mortgage insurer to write additional policies even as the MI and the GSE work through a simmering dispute over pool insurance. On Sept. 28, MGIC announced that Freddie has reduced the amount of capital contribution MGIC Investment must pay its principal subsidiary MGIC to $100 million from $200 million. The GSE also extended the deadline for this contribution from Sept. 30 to Dec. 1.
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