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Inside the CFPB
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What We’re Hearing: Mel Watt: Not on My Watch / Sen. Corker’s $10B Experiment with the People’s Money / Sen. Elizabeth Warren, Arrogant? / Will Pershing Square and Fairholme Win the Bet? / Wells Fargo Readies Jumbo MBS / Ocwen Needs More Time

May 12, 2017
Paul Muolo
Several trade groups, investors and analysts quickly issued their take on Watt’s comments, but there were some notables missing in action: Pershing Square and Fairholme.
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Fannie and Freddie Outline Plan to Make CRTs More Attractive to REITs

May 12, 2017
John Bancroft
“Our assessment indicates that this change would not impact the MBS markets,” Fannie Mae said.
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Watt’s GSE Capital Concerns Grow as He Hints at Taking Action, Recommends Congress Act Fast on Mortgage Reform

May 12, 2017
Federal Housing Finance Agency Director Mel Watt is prepared to allow Fannie Mae and Freddie Mac to build some type of capital buffer to avoid a Treasury draw that could weaken investor confidence. But some lawmakers vehemently disagreed with his views during a hearing in the Senate Banking, Housing and Urban Affairs Committee this week. Watt reiterated his concern about the declining capital buffer, which is scheduled to reach zero by 2018 under the preferred stock purchase agreements that set the terms of the conservatorships of the two government-sponsored enterprises. With no capital buffer, Fannie and Freddie would be forced...
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Attorneys Warn of ‘Third Wave’ of Lehman Suits; Citi Ramps Up Pressure on Correspondent Lenders

May 12, 2017
Industry attorneys are warning about a “third wave” of Lehman Brothers Holdings (LBHI) MBS trust claims against mortgage lenders and brokers based on the firm’s latest bankruptcy filing. Attorneys with the firm American Mortgage Law Group said Lehman Brothers for several years has been threatening to file residential MBS trust claims against the mortgage industry to counter trustee claims filed against LBHI in bankruptcy in 2009. The wait is...
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Impac Putting Emphasis on Non-QMs, MBS

May 12, 2017
Impac Mortgage Holdings has significantly increased its originations of non-qualified mortgages and plans to package the loans into non-agency mortgage-backed securities. The nonbank originated $184.3 million of non-QMs in the first quarter of 2017, up from $86.3 million in the previous period. In all of 2016, Impac originated $289.6 million in non-QMs. The product accounted for 11.6 percent of Impac’s originations in the first quarter, up from a 2.8 percent share the previous period ...
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House Committee Approves CHOICE Act

May 12, 2017
The Republican effort to reform many aspects of the Dodd-Frank Act was approved by the House Financial Services Committee last week on a party-line vote. The Financial CHOICE Act will likely be approved by the full House at some point, but DFA reform doesn’t appear to be a priority in the Senate. The House panel approved H.R. 10, the Financial Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs Act, on a 34-26 vote after a three-day markup ...
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News Briefs

May 12, 2017
Wells Fargo is planning to issue non-agency mortgage-backed securities this year, Franklin Codel, a senior executive vice president of consumer lending at the bank, said during an investor presentation this week. It will be the first post-crisis non-agency MBS from Wells. He said the deals will help test whether Wells can improve investor confidence in non-agency MBS. Ellington Financial plans to issue a non-agency mortgage-backed security backed by ... [Includes four briefs]
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VA Explains Characteristics of an ‘Egregious Loan,’ Discusses Cases

May 12, 2017
What is an “egregious” VA mortgage loan? Panelists at last month’s VA Lending Conference in Kansas City, MO, helped shed light on such loans by describing them as flawed and in violation of VA requirements. “But there’s more,” said Greg Nelms, VA chief of loan policy. Unstable income and use of active-duty income when that income will be extinguished within one year could taint a VA loan and make it egregious, said Nelms. High debt-to-income ratio, residual income that is below VA requirements and failure to consider a spouse’s debts or credit in a community-property state also could have an adverse effect on a VA loan, he added. The panel presented several “egregious loan” scenarios involving reviews of several mortgages from 2016 in which lenders were required to sign indemnification agreements. The first example consisted of a VA home loan for $102,047, which closed in ...
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VA Clarifies QM Safe Harbor Rules For Streamlined Refinancings

May 12, 2017
The Department of Veterans Affairs’ interim final rule on qualified mortgages (QM) implements the Dodd-Frank provision requiring creditors to make a reasonable and good faith determination that the borrower has a reasonable ability to repay the loan. The VA interim final rule defines QM to mean any loan that the agency guarantees, insures or originates. However, certain limitations apply to VA’s Interest Rate Reduction Refinance Loans (IRRRLs) in the rule’s guidance for “safe harbor.” Under the safe harbor requirements for an IRRRL, the loan being refinanced must have been originated at least six months before the new loan’s closing, and six payments must have been made. In addition, the veteran should not have been more than 30 days past due during the six months preceding the new loan’s closing. The QM rule’s six-month seasoning requirement, however, inadvertently created an ...
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VA Instructs Lenders on Completing Streamline Refinance Worksheet

May 12, 2017
The Department of Veterans Affairs has issued guidance clarifying its requirements for completing the Interest Rate Reduction Refinance Loan Worksheet. The guidance is effective for all IRRRL applications originated on or after July 2, 2017. The VA said it has received many inquiries from lenders regarding the proper completion of IRRRL Worksheet (VA Form 26-8923) since the implementation of the TRID-LE and CD (Truth in Lending Act-Real Estate Settlement Procedures Act Integrated Loan Estimate and Closing Disclosure.) The guidance clarifies and establishes VA policy regarding the following: Amount of the existing allowable loan balance (Line 1); Principal reduction from veteran (Line 2); Maximum allowable discount points (Line 5); Maximum allowable closing costs (Line 8); Maximum allowable closing costs (Line 11); and Maximum loan amount (Line 18). VA said it understands the ...
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