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Short Takes: When Will the FHFA Say Something About Captives? / FHLB Advances Decline / Banks Still Top the List of Borrowers / LoanStar LO Count Reaches 120 / Executive Bolts LenderLive for Clayton

November 23, 2015
Carisa Chappell, Brandon Ivey, and Paul Muolo
LoanStar expects to originate $750 million of home mortgages this year and has set a goal of doubling that in 2016…
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Strong Opposition to FINRA Proposal on Margin Requirements for TBA MBS

November 20, 2015
Brandon Ivey
FINRA made some concessions to the industry in the proposal issued in October, but many MBS traders warned of dire consequences if the proposed margin requirements take effect.
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Strong Opposition to Proposal from FINRA to Establish Margin Requirements for TBA MBS

November 20, 2015
A proposal from the Financial Industry Regulatory Authority to establish margin requirements for the to-be-announced MBS market was met with strong opposition from industry participants. While FINRA made some concessions to the industry in the proposal issued in October, many MBS traders warned of dire consequences if the proposed margin requirements take effect. The proposal from FINRA included a number of provisions, such as a 2.0 percent “maintenance” margin ...
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Lawmaker Calls for SEC to Facilitate Greater Role For Mortgage REITs in GSE Risk-Transfer Activity

November 20, 2015
Mortgage real estate investments trusts might get more active in the credit risk transfer activity of government-sponsored enterprises Fannie Mae and Freddie Mac after U.S. Rep. Ed Royce, R-CA, this week seemed to secure a commitment from Securities and Exchange Commission Chair Mary Jo White to help facilitate such greater involvement. “What we’ve been trying to do … is to take a strong interest in housing finance reform and see how we can move forward ...
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Basel’s FRTB Rule Could Harm U.S. Securitizations, Industry Groups Warn Treasury, Banking Regulators

November 20, 2015
Last week, Wall Street groups and some Washington, DC, allies raised concerns that the Basel Committee on Banking Supervision’s Fundamental Review of the Trading Book (FRTB) proposed standard will have potentially negative effects on U.S. securitized products. The proposal could hamper the recovery of the non-agency MBS market, the resolution of government-sponsored enterprises Fannie Mae and Freddie Mac, and the full restoration of mortgage credit availability ...
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FHFA Files Motion to Dismiss Fannie, Freddie Shareholder Challenge to Net Worth Sweep

November 20, 2015
The Federal Housing Finance Agency filed a motion last week to dismiss a lawsuit that was filed by Fannie Mae and Freddie Mac shareholders in Delaware this summer who argued that the Treasury sweep of the government-sponsored enterprises’ profits is illegal under state law. The complaint stated that with Fannie chartered under Delaware law and Freddie under Virginia’s jurisdiction, the preferred stock of a corporation cannot be given a cumulative dividend right equal to all the ...
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Prospect Mortgage in $10.2 Million Settlement With States Over Improper Fees

November 20, 2015
Paul Muolo
Prospect Mortgage said that although it settled, the lender did not admit “to any alleged violations of applicable laws, regulations or rules..."
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What We’re Hearing: FHA Premium Cut Coming…Eventually / A 4 Percent Capital Minimum for the FHA MMIF?/ Good, Let the Banks Leave / Tony Hsieh Addresses Scuttled IPO / Can loanDepot’s LOs Surf? / New Day Fined by the NYDFS

November 20, 2015
Paul Muolo
In the same blog post, Hsieh – who did not talk to the press about the scuttled IPO – described loanDepot as a “unicorn startup,” calling it “one of the very few success stories not from Silicon Valley.
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Courts Split on Liability for Servicing Contractors

November 20, 2015
Servicers’ use of property-management contractors has helped save costs and increase efficiencies but also opened servicers to liability, according to an analysis of litigation involving contractors. Christopher Odinet, an assistant professor of law at the Southern University Law Center, noted that servicers’ reliance on property-management firms increased in recent years due to long timelines for delinquencies and foreclosures. Servicers hire the firms to inspect ...
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Lessons in CFPB RESPA Enforcement Give Pause

November 20, 2015
With the CFPB’s legal action against PHH Corp. pending before the U.S. Court of Appeals for the District of Columbia, a number of experts are revisiting the bureau’s enforcement actions related to marketing services agreements for clues as to how best to proceed going forward. What some of them are finding should give the industry pause. During a webinar this week, Jonathan Foxx, president and managing director at Lenders Compliance Group, a consulting firm ...
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