After just over a year of buying mortgages that don’t meet the qualified-mortgage test, Jeff Lemieux has departed Bayview Asset Management while signaling that a non-QM securitization likely won’t happen any time soon – or even this year. Lemieux, who headed correspondent purchases for Bayview, provided Inside MBS & ABS with a blunt assessment of both non-QM originations and securitizations: “Nothing’s happening.” Lemieux went...

Barclays PLC, Britain’s second-largest bank, is exiting the non-agency MBS market due to growing regulatory pressure in its home country to maintain a capital cushion against the riskier, lower-grade mortgage assets, according to Bloomberg. The move appears to be part of Barclays’ “Project Transform,” a group-wide reorganization plan announced last year, which aims to make sweeping changes to the financial institution’s business model to ensure long-term profitability. Specifically, the plan seeks to reduce Barclays’ investment banking activities as it shifts focus from securities trading to mortgage originations. Resolving legacy conduct issues is...

Mortgage industry groups say a proposal from the Conference of State Bank Supervisors to establish capital requirements and other standards for nonbank servicers is unnecessary for an industry that’s already heavily regulated. State regulators proposed the standards in March due to concerns about exceptional growth in recent years by Ocwen Financial, Nationstar Mortgage and other nonbanks ...

Bayview Loan Servicing appears to be one of the few nonbanks offering non-agency products at competitive interest rates and holding the loans in portfolio. The lender has recently been pushing non-agency qualified mortgages and non-QMs for correspondent lenders and wholesalers. Bayview has been in the mortgage business for more than 18 years and is minority-owned by affiliates of The Blackstone Group. The lender offers a number of products for near-miss agency borrowers as well as non-QMs with guidelines that are more forgiving than those offered by jumbo lenders for similar products ...

A recent ruling by the New York Court of Appeals regarding the statute of limitations for representation-and-warranty claims on non-agency mortgage-backed securities has caused concerns for some participants in the new-issue jumbo MBS market. In ACE Securities v. DB Structured Products, the court ruled that the statute of limitations for claims of breaches of reps and warrants starts when a deal is closed, not when a potential breach is discovered. Lawyers involved in non-agency MBS were divided on how the ruling would impact issuance going forward ...

Downgrades by Standard & Poor’s to numerous servicer ratings for Ocwen Financial could have a significant impact on the nonbank’s servicing operations. The rating service downgraded servicer ratings for Ocwen to “below average” last week, citing continued scrutiny by investors and regulators along with concerns about internal audits at Ocwen. As of the end of the first quarter of 2015, approximately 700 of the 4,100 non-agency servicing agreements handled by Ocwen had criteria regarding minimum servicer ratings ...

Clearer FHA guidance on loan defects may help lenders avoid problems but they do not provide legal protection against costly government false-claim lawsuits, according to mortgage industry stakeholders. Long-anticipated rules issued recently by the FHA explain how the agency intends to categorize loan defects identified during an individual loan-level review of endorsed single-family mortgages. The loan-defect assessment methodology or “defect taxonomy” was first unveiled in September 2014 as part of the FHA’s Blueprint for Access, which outlined steps the agency is taking to expand lending to underserved and first-time homebuyers. Combined with the updated loan-certification language used by lenders to warrant compliance with FHA rules and the new Single Family Policy Handbook, FHA plans to use the taxonomy to create a stronger quality assurance program. With better quality ...

The Department of Veterans Affairs is providing VA lenders with LoanSafe Appraisal Manager, a new automated tool for appraisal review. The LSAM is designed to help VA lenders do a quick assessment of appraisal risk for VA policy compliance violations, over/under valuations and appraisal quality issues. The automated appraisal tool does not provide an estimate of value or make decisions for lenders. It does not accept or reject appraisals or characterize them as good or bad. Currently, every VA appraisal report must be reviewed either by a VA-designated fee appraiser or by a staff appraisal reviewer before the agency issues a notice of value. A notice of value is the reasonable value of the property for loan purposes. A staff appraisal reviewer (SAR) ensures that all VA loan requirements are satisfied. The reviewer might find some inconsistencies during the review and ...

Financial institution regulators in Washington state have charged Quicken Loans with using false, deceptive and misleading advertisements to target veterans and active military members with adjustable-rate refinance offers. According to a complaint filed by the Division of Consumer Services of the Washington State Department of Financial Institutions, Quicken Loans falsely implied in its direct mailings that it is associated with the Department of Veteran Affairs. The VA provides guarantees to fixed- and adjustable-rate mortgage loans to veterans and servicemembers through the agency’s Home Loan Guaranty program. Quicken Loans allegedly used graphics in its 5/1 ARM solicitations that resembled the seal of the VA, with the words “Governed By: United States Veterans Department.” In addition, the Michigan-based lender allegedly used an ...

The frequently-asked-questions guidance to using the FHA’s consolidated Single Family Policy Handbook is good to have though it shows just how complicated the FHA’s mortgage origination process is, according to lenders. In fact, the updated FHA handbook could still be confusing to borrowers simply because a lot more information is concentrated in one source, lenders said. According to the FHA, the more than 290 FAQs will enable lenders to make operation adjustments before the handbook goes into effect on Sept. 14, 2015. The FAQs are for information purposes only and do not apply to current FHA policies. They do not establish or modify policy contained in the handbook. The FAQs reiterate information in the handbook under headings such as Credit Underwriting, Closing and Insuring, FHA System Support and Consumer Information. Industry observers noted that the FAQs did not ...