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Jumbo MBS Issuance Resumes Even as Industry Waits for Formal Guidance on TRID from CFPB

June 10, 2016
The so-called TRID-lock seen in the jumbo MBS market since October appears to be easing as both Redwood Trust and JPMorgan Chase have come to market with deals that include some loans with compliance problems. Before this week, only one jumbo MBS included mortgages subject to TRID, a deal from Two Harbors Investment in March. Many industry participants blamed...
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MBS Trading Volume Hits High for the Year, But Liquidity Still a Concern. June Rate Hike in Doubt

June 10, 2016
The average daily trading volume in agency MBS climbed to $215.9 billion in May, the highest reading of the year, according to the Securities Industry and Financial Markets Association. But don’t get too excited. May’s activity is still below the two-year high established in January 2015 and nowhere near the peaks established back in 2008 when crumbling financial markets caused investors to go gaga for agency MBS. The relatively low daily trading volumes continue...
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Senate Lawmakers Gearing up for Fight Over Bank Capital, Liquidity Regulations

June 10, 2016
A partisan debate is brewing in the Senate over whether a more complex regulatory system could actually lead to increased systemic risk for U.S. banks even as House Republicans weigh proposals to eliminate financial and consumer protections under the Dodd-Frank Act. Discussions in the Senate Committee on Banking, Housing and Urban Affairs this week revolved around the Basel and Dodd-Frank capital and liquidity requirements and whether they are forcing big and small banks to focus more on safety and soundness instead of meeting the needs of consumers and the economy. Post-crisis financial regulations have become...
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FHFA’s Attempt to Consolidate Shareholder Cases Denied

June 10, 2016
A key judicial review panel last week said the Federal Housing Finance Agency’s March bid to consolidate all the GSE shareholder lawsuits and transfer them to one court was “inappropriate” and rejected the government’s request. The Judicial Panel on Multidistrict Litigation said that the government’s case for centralization was not strong enough. “On the basis of the papers filed and hearing session held, we conclude that centralization is not necessary for the ...
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Judge Orders FHFA, Treasury to Produce More Documents

June 10, 2016
A judge overseeing a key GSE shareholder lawsuit says she will look at another batch of government documents to determine whether they should be made available to the plaintiffs. The Federal Housing Finance Agency and Treasury Department are opposing the decision. Judge Margaret Sweeney’s May 20 order, in the Fairholme Funds, Inc. v. The United States case, requests that the defendants provide the court with hard copies of some of the documents listed in the ...
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Sen. Warren Pushes for Comment On FHFA Super-Lien Opposition

June 10, 2016
Sen. Elizabeth Warren, D-MA, is urging the Federal Housing Finance Agency to solicit public comments on FHFA’s policy regarding super-liens imposed by homeowner associations on loans in foreclosure. The FHFA has said it is obligated to protect the rights of Fannie Mae and Freddie Mac and will aggressively do so. Super-lien laws are currently in 22 states and the District of Columbia. They allow homeowner associations that are owed fees to take priority over ...
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Trade Groups Battle Over GSEs in Letters to FHFA while Watt Notes that Reform is up to Congress

June 9, 2016
Carisa Chappell
Watt has given no indication that he wants to wade into this mess and has repeatedly stressed that it’s up to Congress to figure out what to do with Fannie and Freddie.
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HUD, First Citizens Bank & Trust Resolve Fair Lending Complaint Prompted by 2010 HMDA Data

June 9, 2016
George Brooks
The settlement agreement stemmed from a complaint filed by the Department of Housing and Urban Development against First Citizens Bank and Trust Co. in 2011 after an analysis of 2010 Home Mortgage Disclosure Act data.
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Lack of TRID Guidance Prompts Fannie Mae to Issue More Clarification Re: Self Reporting Errors

June 9, 2016
Government-sponsored enterprise Fannie Mae recently issued some additional guidance to its mortgage lender partners about self-reporting deficiencies in complying with the Consumer Financial Protection Bureau’s integrated disclosure rule known as TRID. In a new selling-guide announcement, Fannie said, “Lenders are not obligated to self-report any matters related to possible TRID non-compliance, regardless of the number of loans involved, except in two limited circumstances where a repurchase demand is an authorized remedy.” The first circumstance is...
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House Republican’s Dodd-Frank Alternative Includes QM Safe Harbor for All Portfolio Loans

June 9, 2016
Portfolio lenders would get an expanded safe harbor from litigation under the qualified mortgage standard in the Consumer Financial Protection Bureau’s ability-to-repay rule under a proposed Republican replacement of the controversial Dodd-Frank Act. “Our plan ... provides critically needed mortgage relief with reforms that let community banks back into the mortgage business and ensure qualified borrowers can purchase a home while preserving prudent underwriting standards,” said House Financial Services Committee Chairman Jeb Hensarling, R-TX, in a speech at the Economic Club of New York on Tuesday morning. “Changes include an ability-to-repay safe harbor for loans held on portfolio, ensuring the availability of mortgage credit for manufactured homes, fixing the way points and fees are calculated, and exempting small servicers from escrow requirements.” The proposal, the Financial CHOICE (Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs) Act, includes...
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