A handful of shareholder lawsuits challenging the government’s net worth sweep of Fannie Mae and Freddie Mac earnings have landed at the Supreme Court of the United States, asking the top court to review the constitutionality of the Federal Housing Finance Agency. Back in September, the FHFA filed a motion to dismiss in Atif Bhatti, et al., vs. The Federal Housing Finance Agency, stating that the plaintiffs lack standing to bring claims of their alleged injuries being related to ...
Joshua Rosner, managing director of Graham Fisher & Co., said his discussions with Trump officials and members of Congress suggest that the administration’s reform principles won’t be released until early next year…
Banks tend to approve a much higher share of applications for jumbo mortgages than nonbanks, according to a new ranking and analysis by Inside Nonconforming Markets based on new Home Mortgage Disclosure Act data. In 2016, the denial rate for applications for jumbo mortgages was 18.6 percent. The rate tracks total loan applications for jumbo mortgages last year (495,213) and denied applications. The calculation excludes withdrawn applications and ... [Includes one data chart]
Providers of third-party due diligence services for non-agency mortgages are considering standardizing portions of the review and reporting process, according to Fitch Ratings. The rating service hosted a roundtable with a number of due diligence firms this month and provided some details on the meeting last week. “Participants agreed that increased focus on consensus where appropriate benefits the market as it mitigates pressures that third-party review firms may be ...
Investors in jumbo mortgage-backed securities face relatively low exposure to potential losses related to fires in California, according to an analysis by Moody’s Investors Service. The rating service said 2.9 percent of the outstanding mortgages in post-crisis jumbo MBS rated by Moody’s are in counties affected by the recent fires. And while some borrowers may suffer losses because of insufficient insurance coverage, Moody’s said hazard insurance and servicers’ ... [Includes two briefs]
The Department of Housing and Urban Development will review its current lender-certification process and defect taxonomy to address industry concerns about costly penalties and settlements arising out of False Claims Act lawsuits. In remarks at the Mortgage Bankers Association’s annual convention in Denver this week, HUD Secretary Ben Carson said the review would benefit greatly from feedback by lenders and other stakeholders in response to President Trump’s directive to all federal agencies to eliminate burdensome and duplicative regulations. Carson said HUD’s immediate concern is bringing back lenders that have exited the FHA single-family program or limited participation because of the undue risks they face from FCA enforcement. Lenders need clarity in what HUD expects from them in terms of lending and reduced exposure to outsized liability from immaterial errors, the ...
Brian Montgomery, President Trump’s nominee for assistant secretary for housing and FHA commissioner, reiterated his commitment to fight fraud and misrepresentation in FHA lending but wondered whether the Department of Justice had gone too far in using the False Claims Act as an enforcement tool against lenders. Testifying during his confirmation hearing before the Senate Committee on Banking, Housing and Urban Affairs, Montgomery expressed concern whether the DOJ and the Department of Housing and Urban Development had been adversarial towards lenders in their efforts to stem taxpayer losses and protect the FHA insurance fund. In prepared testimony, the nominee said the government must do better in providing clarity to encourage lenders to make FHA-insured loans and entice those that have exited for fear of exposure and liability to return to the ...
A Ginnie Mae/VA anti-churning task force is looking at a number of options to solve the rapid prepayment problem, which could include extending the seasoning requirement for all refinanced loans and prohibiting access to custom pools. A Ginnie representative declined to provide further details, adding that the task force is not ready to announce changes yet. “But we will take additional action soon, which we can do through program changes like we did last year,” he said. Ginnie issued guidance last year to curb aggressive refinancing of VA loans that underlie Ginnie mortgage-backed securities. The rapid refis have resulted in rapid prepayments to the detriment of investors with no clear benefits to VA borrowers. The guidance required six consecutive monthly payments before delivering a streamlined refi loan into a standard Ginnie MBS. The measure succeeded in stopping the ...
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