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Inside the CFPB
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Complex ATR Analysis for Bank Statement Loans

February 26, 2016
Determining a borrower’s ability to repay a bank-statement mortgage is more complicated than evaluating a borrower underwritten with full income documentation, according to a recent report by Moody’s Investors Service. The rating service noted that originations of bank-statement loans tend to be non-qualified mortgages for self-employed borrowers. “The quality of loans originated through bank-statement income documentation programs depends heavily on ...
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Servicers Faulted for Ending Some HAMP Mods

February 26, 2016
Major servicers participating in the non-agency portion of the Home Affordable Modification Program have improperly ended mods for a number of borrowers, according to data from the Treasury Department. The Special Inspector General for the Troubled Asset Relief Program is urging the Treasury to take actions to prevent servicers from terminating mods that meet HAMP guidelines. “Treasury’s findings in its on-site visits to the largest seven mortgage servicers in HAMP over ...
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What We’re Hearing: The Mother of All GSE Bets / If Fairholme’s Berkowitz is Wrong… / Why Would the U.S. Even Entertain Settlement Talks? / PHH Management Believes / PIMCO on the Hunt

February 26, 2016
Paul Muolo
One of those GSE watchers is Bose George of Keefe, Bruyette & Woods, who told us: “I see no reason for the administration to negotiate in any meaningful way with the plaintiffs..."
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News Briefs

February 26, 2016
The Consumer Financial Protection Bureau last week published its policy for issuing no-action letters for certain innovative financial products. Lenders had called for the policy but industry analysts caution that no-action letters from the CFPB won’t necessarily be helpful. Under the policy, lenders can apply for a no-action letter from the CFPB. The regulator said it will review applications for such letters and in certain circumstances indicate that ... [Includes three briefs]
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Court Case with Pre-Crisis Loan Sets Precedent

February 26, 2016
An appeals court in Massachusetts recently ruled in favor of a borrower in a case involving the determination of the borrower’s ability to repay a balloon mortgage, setting a concerning precedent, according to industry lawyers. Moronta v. Nationstar Mortgage involves a refinance originated by Fremont Investment & Loan in January 2007 for a borrower in Quincy, MA. The refi included a first-lien 3/1 adjustable-rate mortgage that amortized over 50 years with a ...
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Around the Industry

February 26, 2016
Carol Galante, former head of the FHA, has been named to Ocwen Financial’s board of directors. Galante left the FHA in August 2014 to take on the position of faculty director with the Terner Center for Housing Innovation at the University of California, Berkeley. Current director Phyllis Caldwell was elevated...
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CFPB’s ‘No-Action’ Policy Could Stymie Mortgage Innovation

February 25, 2016
Thomas Ressler
Mortgage product innovation could be dead thanks to a new policy from the CFPB...
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Short Takes: Don’t Cry For Me Democrats Who are Jumbo Borrowers / TRID Rule Nicks Xome / ‘Inorganic’ Growth for PHH / PennyMac Steps Up Buybacks of Common Shares / Fewer Gripes About Debt Collection Practices

February 25, 2016
Paul Muolo and Thomas Ressler
Suddenly, mortgage firms left and right are buying back common stock in the open market...
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Nonbank Mortgage Firms’ Profits Weaken In 4Q15. The Evidence Leads to TRID

February 25, 2016
Many small and medium-sized nonbanks have been earning steady profits the past three years, but all that ended in the fourth quarter of 2015, thanks to the integrated disclosure rule known as TRID. At least that’s what some warehouse managers told Inside Mortgage Finance. These credit executives, who spoke under the condition their names not be used, were somewhat surprised by the development, but were quick to caution that about a third of their clients posted losses. The managers also noted...
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Fannie/Freddie Earnings Up in 2015 as More Earnings Come from MBS Guaranty Fees

February 25, 2016
Guaranty-fee income increased in 2015 at Fannie Mae and Freddie Mac despite the fact that average g-fees on new business acquisitions were down slightly. The two government-sponsored enterprises reported a combined $17.33 billion in net income for all of last year, a 20.9 percent drop from 2014. However, g-fee income at the two GSEs was up 8.2 percent from 2014 to 2015, and continued to account for a growing share of their income as their investment portfolios shrank. G-fee income did not climb...
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