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Inside the CFPB
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Brokers Call on CFPB to Yank Loan Originator Compensation Rule

September 12, 2011
The National Association of Mortgage Brokers is tapping into national policymakers’ anxiety over job creation to press the Consumer Financial Protection Bureau to rescind its loan originator compensation rule. Ever since the early April implementation of the Federal Reserve Board’s Regulation Z Truth-in-Lending rule on steering and LO compensation, consumers have experienced a “dramatic increase in costs on their mortgages,” the NAMB said, and the regulation has become “a great impediment on the vital service of mortgage lending throughout local communities.” The group also complained about the overall regulatory compliance burden of a seemingly ever-increasing amount of regulations coming out of Washington, DC.
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State Roundup

September 12, 2011
Alabama. The U.S. District Court for Alabama’s Eastern Division recently dismissed the borrowers’ counterclaim against Mortgage Electronic Registration Systems, Inc. and Merscorp in response to a Freddie Mac eviction action. In Freddie Mac v. Brooks, the government-sponsored enterprise filed an eviction action against the borrowers after the completed foreclosure sale. The borrowers responded by filing a counterclaim against MERS, Merscorp and Freddie, claiming wrongful foreclosure and alleging that the mortgage was invalid and unenforceable because…
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Federal Roundup

September 12, 2011
Federal Housing Finance Agency. HARP Being Re-Evaluated. The Federal Housing Finance Agency and the Obama administration are working together to take another look at the current Home Affordable Refinance Program to see if they can conjure up ways to extend the benefits of this refinance product to more borrowers. “FHFA is carefully reviewing the mechanics of the HARP program to identify possible enhancements that would reduce barriers for borrowers already otherwise eligible to refinance using HARP,” said Edward DeMarco, the agency’s acting director. “If there are frictions associated with the origination of HARP loans that can be eased while still achieving the program's intent of assisting borrowers and reducing credit risk for [Fannie Mae and Freddie Mac], we will seek to do so. “Most creditworthy borrowers outside of the HARP program parameters and with positive equity should be able to refinance their mortgage through normal market mechanisms,” he added. “Indeed, since HARP’s inception [Fannie and Freddie] have completed more than 1 million streamlined refinances outside of HARP and nearly 7 million standard ‘rate and term’ refinances.”
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Worth Noting

September 12, 2011
The Homeowners Consumer Center is urging the U.S. Congress to immediately resurrect the homebuyers tax credit to help stabilize residential real estate markets throughout the country and to stimulate job creat “The reason the former attempt at a tax credit for homebuyers was not as successful as it could have been, is it was limited to first-time homebuyers only,” the group said. “We say give a $15,000 tax credit to anyone who is qualified to buy a house, including investors, and do it now.
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Non-Agency MBS Interests Tell Lawmakers Clear, Uniform Standards Will Lure Back Wary Private Market Investors

September 9, 2011
The securitization market needs less uncertainty and a great deal more transparency in order to restore investor confidence and lure back private capital, industry executives told members of the House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises. Witnesses testifying before the subcommittee, which held a field hearing in New York City, said the state of the securitization market remains uncertain, not just due to government subsidies crowding out any private sector action but also because hesitant investors do not yet see much improvement in the opaque environment that led to the...
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Fed Orders Goldman Sachs to Audit Foreclosures, Reimburse Borrowers; Monetary Penalties Pending

September 9, 2011
Goldman Sachs has been ordered to retain an independent consultant to review foreclosure proceedings initiated by its former subsidiary, Litton Loan Servicing LP, under a formal enforcement action announced by the Federal Reserve Board last week. The firm was also required to provide financial remediation to affected borrowers. Additional monetary penalties are likely to be announced shortly. The Fed said it was acting against Goldman Sachs “to address a pattern of misconduct and negligence relating to deficient practices in residential mortgage loan servicing and foreclosure processing” involving Litton. Goldman sold...
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Ginnie to Focus on Data Integrity, Process Improvement, Officials Say

September 9, 2011
Ginnie Mae in a conference call with its MBS issuers said it is going to be focusing its attention on new definitions related to data collection, and urged industry participants to provide feedback. Currently, the loan-to-value ratio definition stands as the ratio of the current unpaid principal balance amount to the appraised value, estimated value or purchase price of the property, and that value must include the upfront mortgage insurance premium. Under the new definition, however, the LTV ratio would be based on the original principal balance, said Ginnie officials. This includes any mortgage insurance premium to lower the sale price or...
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FHFA Lawsuits Seek to Recover Non-Agency Losses

September 9, 2011
Facing a statute of limitations deadline, the Federal Housing Finance Agency filed lawsuits against 17 firms last week in an effort to recover losses the government-sponsored enterprises suffered on their investments in non-agency mortgage-backed securities. The FHFA claimed violations of securities laws, alleging that non-agency MBS prospectuses contained material false statements and omissions. The lawsuits relate to more than $196.2 billion in non-agency MBS purchased by the GSEs. The GSEs’ combined holdings of subprime and Alt A MBS have declined since at least the fourth quarter of 2007 when they totaled $217.2 billion, according to an analysis by Inside Nonconforming Markets,. ...
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ASF Calls for Repurchases Instead of Retention

September 9, 2011
The American Securitization Forum positioned its new model repurchase principles as a better option to restore investor confidence in non-agency mortgage-backed securities than the risk retention required by the Dodd-Frank Act. “The risk-retention rules proposed by regulators are not sufficiently tailored to different asset classes and will likely cause a host of negative unintended consequences,” said Tom Deutsch, executive director of the ASF. ...
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FHA Argues Against Raising Downpayment

September 9, 2011
The Department of Housing and Urban Development is urging Congress not to raise the minimum downpayment on FHA mortgage loans, saying that downpayments are not the best indicator of loan defaults. Testifying before the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity, Acting Assistant Secretary for Housing/FHA Commissioner Carol Galante warned that a legislative proposal to raise FHA’s minimum downpayment requirement to 5 percent would forestall recovery in the housing market and restrict access to credit for worthy borrowers. Galante said HUD has not made any determination as to ...
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