Commercial banks and thrifts reported another decline in their ABS holdings during the fourth quarter of 2014, according to a new Inside MBS & ABS analysis of call-report data. In aggregate, banks and thrifts held $159.22 billion of ABS in their held-to-maturity and available-for-sale retained portfolios as of the end of last year. That was the industry’s lowest level of ABS investment since the middle of 2012, and it represented a 3.1 percent drop from a revised third-quarter total of $164.35 billion. The biggest component in the aggregate portfolio was...[Includes two data charts]
The dispute around an $8.5 billion settlement between Bank of America and non-agency MBS investors may be at an end after a New York state appeals court signed off on the deal. The agreement would mean a quick end to a lengthy legal battle over a settlement that was first announced on June 28, 2011. It also means the agreement could become the template for all representations-and-warranties settlements with large institutional investors, analysts said. BofA agreed...
Over a fifth of the loans securitized last year by Fannie Mae, Freddie Mac and Ginnie Mae do not meet one of the key criteria of the qualified-mortgage standard that came into effect in January 2014, and instead rely on an exemption for agency loans. During 2014, the three agencies securitized $198.3 billion of home loans with debt-to-income ratios exceeding 43.0 percent, according to a new Inside MBS & ABS analysis of loan-level disclosure data. That represented 21.5 percent of total MBS issuance by Ginnie and the two government-sponsored enterprises. The Consumer Financial Protection Bureau requires...
While most of the 18 financial institutions sued by the Federal Housing Finance Agency in 2011 have settled allegations of securities law violations, underwriting flaws and fraud related to non-agency mortgage-based securities, one bank, Nomura Holding America Inc., plans to take the case all the way to trial.
Subservicing vendors increased their contracts by 23.1 percent in terms of dollar volume over the past year and now process an estimated $1.12 trillion of home mortgages, according to exclusive survey figures compiled by Inside Mortgage Finance. When it comes to market share, subservicers control 12.3 percent of all U.S. housing receivables. According to interviews with industry executives, compliance costs are...[Includes one data chart]
The U.S. Supreme Court this week dealt a heavy blow to the mortgage industry, holding that the Department of Labor’s most recent regulatory interpretation is valid, meaning mortgage loan officers are eligible for overtime pay. The DOL went back and forth, through formal rulemaking and regulator interpretations, on whether loan officers should be exempt. At one point, it said lenders did not have to pay LOs overtime because they fit in the so-called administrative exemption. But in its most recent position, a 2010 opinion letter, the agency said loan officers are not exempt from the protections of the Fair Labor Standards Act, including overtime pay. The Mortgage Bankers Association challenged...
Industry participants continue to call for changes to how the Consumer Financial Protection Bureau operates its consumer complaint database. A proposal in December to renew the CFPB’s Consumer Response Intake Form drew criticism from the Mortgage Bankers Association and others. “CFPB and industry data both show that a small fraction of consumer complaints warrant any action beyond an explanation,” Stephen O’Connor, a senior vice president of public policy and industry relations at the MBA, said in a comment letter to the CFPB. The Office of Management and Budget approved...
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