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Short Takes: Ocwen Downgraded / CFPB Investigating Bankrate / Ginnie to Revamp Loan Docs / StoneGate Launches Third-Party Portal

June 19, 2015
Brandon Ivey
S&P's downgrades have numerous implications for Ocwen’s servicing of loans in non-agency mortgage-backed securities.
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‘Manual’ Compliance With TRID Won’t Cut It

June 19, 2015
There is a surprising number of smaller mortgage lenders who think they can comply with the Consumer Financial Protection Bureau’s pending integrated-disclosure rule with a substantial amount of manual practices and processes – as opposed to technological automation – and they may well be in for a rude awakening when the new rule kicks in. According to Rod Alba, senior regulatory counsel at the American Bankers Association, approximately one quarter of ...
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Supply of Residential MBS Declined in 1Q15, But Banks Expanded Their Share of the Market

June 19, 2015
The outstanding supply of single-family MBS declined 0.7 percent during the first quarter of 2015, according to a new Inside MBS & ABS market analysis. But that didn’t stop commercial banks from continuing to increase their holdings. Banks increased their aggregate MBS holdings by 3.1 percent from the fourth quarter, pushing their share of the MBS market to 22.9 percent. The only other investor group that managed to increase its stake was the credit union industry, which posted a 1.6 percent increase from the previous quarter. The Federal Reserve finally loosened...
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Little Sign That GSE Sellers Are Expanding Credit Box in 2015. They May Be Tightening

June 19, 2015
There was widespread expectation that the latest round of seller-friendly changes to the government-sponsored enterprises’ representation-and-warranty framework would encourage lenders to liberalize their credit overlays. So far in 2015, the data aren’t showing it. In fact, the case could be made that credit trends are going the other way. The average credit score for purchase mortgages securitized by Fannie Mae and Freddie Mac was...[Includes one data table]
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Ruling in ACE Securities Case Confirms that Rep-and- Warrant Statute of Limitations Starts at Deal Closing

June 19, 2015
A ruling late last week by the New York Court of Appeals will likely help provide certainty to non-agency MBS issuers regarding liability from breaches of representations and warranties while limiting claims from investors. The appeals court confirmed a lower court’s ruling in ACE Securities v. DB Structured Products, determining that the statute of limitations for claims of breaches of representations and warranties starts when a deal is closed – not when a potential breach is discovered. “Representations and warranties concern...
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FOMC Support of MBS Market Continues Apace As Yellen Suggests Rate Increase Later This Year

June 19, 2015
Most participants on the Federal Open Market Committee anticipate an increase in interest rates sometime later this year, and not delaying until 2016, the FOMC indicated after its two-day meeting concluded Wednesday afternoon. Meanwhile, the Fed’s support of the housing market through reinvesting in MBS continues as it has, with no change in the U.S. central bank’s thinking when it comes to the management of its balance sheet. “The committee reaffirmed...
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Non-Agency MBS Settlements Total $10.3 Billion In 2014, Says FHFA; Only Two Cases Still Pending

June 19, 2015
The Federal Housing Finance Agency settled $10.3 billion in legal claims in 2014 stemming from 11 non-agency MBS issues that go as far back as 10 years ago, noted the FHFA’s annual report to Congress released this week. These lawsuits were filed in 2011 against financial institutions along with some of their executive management including officers and directors. The suits alleged violations of federal securities laws and state laws in the sale of the non-agency MBS to Fannie Mae and Freddie Mac that took place in a two-year period during the housing downturn between 2005 and 2007. A number of issues contributed...[Includes one data table]
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Recommendation Says Use Treasury Warrants for Housing

June 19, 2015
Contributing Treasury’s warrants for common stock of Fannie Mae and Freddie Mac to the affordable housing funds is one of the ways that the Leadership Conference on Civil and Human Rights says the GSEs can help earmark financial resources toward affordable housing. In a June report published by the Leadership Conference, the organization offered a few of its housing finance recommendations to support affordable housing goals. The report noted that often lost in public discussion of the GSE conservatorships is the fact that the Treasury owns warrants for 79.9 percent of the common stock of both Fannie and Freddie. “The value of the warrants could easily exceed $100 billion,” the group said in its recommendation.
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CFPB Blinks, Grants 2-Month Extension on TRID Effective Date

June 18, 2015
Thomas Ressler
The face-saving mechanism in the CFPB's announcement was a claim to the discovery of a legal glitch.
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FHA Issues FAQs on Upcoming Single-Family Policy Handbook

June 18, 2015
George Brooks
Industry observers noted that FAQs didn’t answer some of the big questions that matter to lenders, such as quality control, student debt and pre-funding review requirements.
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