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A Secondary Market Develops for Loans With TRID Errors; 90 Cents on the Dollar?

January 20, 2016
Paul Muolo
“We’re seeing a lot of TRID flow right now,” said Rob Smialek, senior vice president of capital markets for Rincon Mortgage Trading.
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Goldman Inks a $5.06 Billion Settlement with DOJ’s RMBS Working Group

January 15, 2016
Paul Muolo
Goldman actually entered the subprime MBS and financing game a bit late compared to some of its peers. At one point it even owned a small subprime lender.
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IRS Allows MBS Trustee and Master Servicer to Enter Settlement with Investors Without Raising REMIC Issues

January 15, 2016
The Internal Revenue Service recently provided guidance to an MBS trustee and master servicer confirming that a settlement with investors was compliant with requirements for real estate mortgage investment conduits. While Private Letter Ruling 201601005 applies only to the unidentified parties that sought the guidance from the IRS, industry attorneys suggest that the letter could be useful when structuring settlements with MBS investors. The letter was released ...
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Are Due Diligence Firms Leading Secondary Market Investors to Reject Loans Due to Minor TRID Errors?

January 15, 2016
By now the word is out: Certain unnamed secondary market investors are turning away mortgages because of compliance errors, expressing the opinion they do not want to be on the “liability hook” for any origination errors under the new integrated disclosure rule known as TRID. The Mortgage Bankers Association recently singled out a jumbo investor that’s been rejecting 100 percent of the loans offered by originators. The trade group declined to identify the investor, but other ...
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Lenders Using ‘Big Data’ for Originations Could Face Regulatory Scrutiny

January 15, 2016
Carisa Chappell
Angela Klein, an attorney with the law firm Morrison & Foerster, said her firm has been talking to mortgage lenders that use big data about the risk and how little guidance there is about it.
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Commerzbank Sues Four RMBS Trustees Over $1.9B In Losses, Credit Suisse Agrees to $110M Settlement

January 15, 2016
Legacy non-agency MBS issued before the financial market collapse in 2008 continue to spawn millions in lawsuits. In the Southern District of New York, Commerzbank AG, as an RMBS investor, recently sued Deutsche Bank, HSBC, Wells Fargo and the Bank of New York Mellon in their capacities as MBS trustees on deals that inflicted approximately $1.88 billion in losses on the German bank. Commerzbank claimed it suffered $750 million in losses related to BNYM’s alleged failures ...
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What We’re Hearing: A Big Year for Mortgage M&A? Don’t Bet On It / Jamie Dimon’s Thrift / Borrowing Short and Lending Long / When’s the Last Time a Megabank Bought a Mortgage Company? / $1.7 Trillion in Originations?

January 15, 2016
Paul Muolo
When’s the last time a regional or megabank bought a nonbank mortgage company? Wells Fargo? JPMorgan? BofA? Citigroup? Nope, none of them, that we can recall...
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CFPB Guidance May Help Ease Fears in Non-Agency Market of Violating TRID

January 15, 2016
Compliance violations with a disclosure rule that the Consumer Financial Protection Bureau implemented in October continue to cause problems for non-agency mortgages in the secondary market. The CFPB and Fitch Ratings separately provided guidance recently regarding the so-called TRID integrated disclosure rule that could help industry participants get more comfortable with TRID. There have been reports that some buyers of non-agency mortgages have balked at ...
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Ginnie Mae Issuance Hits New High In Securitized VA, FHA, RHS Loans

January 15, 2016
Issuers of Ginnie Mae mortgage-backed securities pushed a record $435.80 billion of government-insured loans through the program during 2015, according to a new Inside FHA/VA Lending analysis and ranking. Last year’s total Ginnie MBS issuance topped the previous record of $429.50 billion issued during 2009. The $435.80 billion total for 2015 includes securitization of FHA home-equity conversion mortgages and other single-family loans guaranteed by FHA, the VA, and the Department of Agriculture rural housing program from Ginnie pool-level MBS data that are not truncated. Production in 2015 hit its high-water mark in the third quarter with $128.23 billion in issuance, and then fell 18.0 percent in the final three months of the year. Purchase mortgages continued to account for most Ginnie business in 2015, 58.0 percent of the agency’s forward-mortgage securitizations. But a huge factor in the ... [ Charts ]
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TRID Compliance Excluded from FHA Post-Endorsement Reviews

January 15, 2016
FHA lenders are uneasy over whether issues raised by the Consumer Financial Protection Bureau’s new integrated disclosure rules could affect FHA lending. Although the issues cited by lenders are not FHA issues per se, these lenders are concerned that such uncertainties may cause problems for their FHA business, according to mortgage industry consultant Brian Chappelle, a principal at Potomac Partners. For example if a lender cures a mistake and the cure results in a reimbursement of, say, $100 to the borrower at closing, would that be considered a violation of the Department of Housing and Urban Development’s minimum 3.5 percent cash-investment requirement for FHA loans. “I don’t think it is a violation, but lenders are worried about how HUD might interpret it,” said Chappelle. “It is well after closing and it is obviously not a gift given to the borrower. It is ...
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