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Efforts to Revive Non-Agency MBS Market Continue; Deal Agent Concept, Doc Standardization Promising

March 18, 2016
The development of the “deal agent” concept and the recommendations to standardize documentation are crucial to the revival of the non-agency MBS market, according to the Urban Institute. However, more work needs to be done to refine and implement the principles underlying the deal-agent concept and document standardization, said Laurie Goodman, director of the Housing Finance Policy Center at UI, in a new report. Many investors remain...
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Increasing Demand on FHA Program Causing Strain on GNMA’s Resources, Warns HUD IG

March 18, 2016
Increases in demand on the FHA single-family program are having collateral implications for the integrity of Ginnie Mae’s MBS programs, including the potential for more fraud, warned the Department of Housing and Urban Development inspector general. Testifying during a recent Senate budget hearing, HUD Inspector General David Montoya said Ginnie issuer defaults historically have been infrequent, involving small to moderate-size issuers. “However, major unanticipated issuer defaults beginning in 2009 have led...
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What We’re Hearing: A Wakeup Call for the CFPB? / Tombstone Blues? / The Strange Case of W.J. Bradley / Former FHFA Chief DeMarco: Congress Should Take a Close Look at FHA and Ginnie Mae / A Big Hire for AmeriSave Mortgage

March 18, 2016
Paul Muolo
DeMarco, by the way, called on Congress to take a “thoughtful” review of the FHA program and Ginnie Mae’s role in housing finance.
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IU Director Files Suit to Access GSE Corporate Records

March 18, 2016
After his request was rejected by the Federal Housing Finance Agency, Tim Pagliara, director of Investors Unite, filed a lawsuit in state courts this week seeking to gain access, as an individual stockholder, to the corporate records of Fannie Mae and Freddie Mac. With Fannie chartered under Delaware’s law and Freddie under Virginia’s jurisdiction, Pagliara, along with several other shareholder plaintiffs, argue that the U.S. Treasury Department’s sweep of the GSEs’ profits is illegal under state law. His suit, in particular, focuses on allowing him to inspect the books and records of Fannie and Freddie to get a better idea of the circumstances surrounding the sweep. Under the terms of the net worth sweep, the GSEs...
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FHFA Requests to Geographically Combine GSE Shareholder Cases

March 18, 2016
The Federal Housing Finance Agency is looking to consolidate four outstanding Fannie Mae and Freddie Mac shareholder cases into one location and said it expects more cases will be filed soon. This week, the agency filed a request to transfer cases pending in four district courts to the U.S. District Court in Washington to discourage “copycat” claims and ensure consistent outcomes. “The claims and relief sought in each of the four related cases are substantially similar,” the FHFA said in court documents. “As a practical matter, plaintiffs are relitigating the same legal issues over and over in hopes of finding a court that will rule in their favor.” So far, there have been 15 complaints challenging the Treasury sweep and...
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CFPB’s Cordray: ‘Diagnostic’ Approach to TRID Still in Effect, But…

March 17, 2016
Thomas Ressler
Whether mortgage lenders get any additional, official clarification or guidance regarding the TRID rule is another matter entirely.
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Was W.J. Bradley’s Closure a ‘Canary in a Coal Mine’ Regarding TRID?

March 17, 2016
Paul Muolo
“The mortgage industry is in big trouble if companies shut their doors based on a missing signature. Yes, TRID does that,” said Paul Hindman, managing director of Grid Origination Services.
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Short Takes: Topic A: W.J. Bradley / A Domino Effect? / Supreme Hiring? / Do P2P Lenders Know What They’re Getting Into?

March 17, 2016
Paul Muolo
We understand that a nonbank called Supreme Lending has been hiring quite a few of WJB’s former staff.
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Home-Equity Lending Up Solidly in 2015, But Outstanding Balances Continued to Dwindle

March 17, 2016
Mortgage lenders posted a sizable increase in home-equity loan originations last year, but the overall market fell to its lowest level since 2004. A new Inside Mortgage Finance analysis and ranking shows an estimated $182.6 billion in home-equity lending last year, mostly through home-equity lines of credit and, to a lesser extent, closed-end second mortgages. That was up 19.1 percent from a revised estimate of $153.3 billion back in 2014, somewhat slower than the 33.5 percent increase in first-lien originations in 2015. Home-equity originations declined...[Includes three data tables]
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HUD Announces New Certification Protections for Lenders; FCA Liability Concerns Linger in Wake of DOJ Statement

March 17, 2016
The Department of Housing and Urban Development this week unveiled final loan-level and lender-level certifications aimed at easing lender anxiety over potential enforcement actions due to minor errors, but a statement from the Justice Department could put a damper on the new FHA policy. The updated version of FHA’s loan-level certification clarifies that lenders will be held accountable for mistakes that would have prompted a lender to change its decision to approve a loan, not for minor errors. In addition, HUD opened a 30-day comment period for lender-level certification to address stakeholders’ concerns that proposed changes to loan-level certification could weaken the department’s enforcement authority. Lender liability under the federal False Claims Act has been...
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