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Lawsky Faults Nonbank Servicer for Relying on Technology, Falling Behind Performance of Peers

December 19, 2014
Brandon Ivey
Lawsky didn't name names, but the servicer he singled-out shares a number of characteristics with Ocwen Financial.
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Fed Reinvestment into Agency MBS Continues As Attention Shifts to Eventual Rise in Rates

December 19, 2014
The Federal Reserve’s Open Market Committee held its last meeting of the year this week, keeping the federal funds target rate steady and continuing to reinvest principal payments from its holdings of agency debt and MBS into agency MBS and rolling over maturing Treasury securities at auction. Most of the pre-meeting buzz among investors was whether the FOMC would tweak or replace its boilerplate language about waiting “a considerable time” before moving to end its zero interest rate policy and begin “normalizing” rates. It did...
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MBS Prices Hit Highs for the Year as Gas Plummets; Time to Get Out of the Market?

December 19, 2014
Defying the expectations of most industry analysts, investors have bid up the price of agency MBS over the past two weeks, pushing values into nosebleed territory. According to figures compiled by MBS Quoteline, the price of the Fannie Mae 3.50 percent bond recently reached 104.4. “This week and last week we saw new highs,” said Joe Farr, director of sales and marketing for the company. And that has made...
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Most Consumer ABS Asset Classes to Hold Up Well In 2015, With Subprime Auto a Question Mark

December 19, 2014
Wall Street analysts are generally projecting a year of stability for most asset classes in the consumer ABS space for 2015, despite a few more losses and an anticipated increase in interest rates. The one exception might be subprime auto. Analysts at Standard & Poor’s Ratings Services cited a favorable overall environment characterized by a strengthening economy, healthy consumer credit fundamentals, and robust structural protections in ABS transactions. “We expect...
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Global Coalition of Securities Regulators Proposes Standards for Simple, Transparent Securities

December 19, 2014
A coalition of global securities-market regulators proposed criteria late last week to assist the financial industry’s development of “simple, transparent and comparable” securitization structures. The proposed criteria from the Basel Committee on Banking Supervision and the International Organization of Securities Commissions would apply to many types of MBS and ABS. The extent of involvement by the Securities and Exchange Commission regarding the proposed criteria is unclear. The SEC declined to comment on the proposal and the Bank for International Settlements wouldn’t reveal the members of the taskforce that worked to develop it. However, the SEC is a member of IOSCO and the agency noted that standards issued by IOSCO become the benchmark against which an IOSCO member’s regulatory practices are assessed. The BCBS and IOSCO said...
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Bankruptcy Court Refuses to Raise Lehman’s Legacy Reserves, Hearing on JPM’s $4.5B Settlement Begins

December 19, 2014
A federal bankruptcy judge last week ruled against increasing Lehman Brothers’ reserves for residential MBS claims. The ruling by Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York was a setback for investors and trustees who asked the court in August to increase Lehman’s current reserves of $5 billion to $12.1 billion in a bid to force the defunct investment bank to repurchase legacy MBS., according to a Barclay’s Research report. The lawsuit against Lehman alleges...
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Fair Lending Issues with Income Documentation

December 19, 2014
Industry attorneys warn that documenting borrowers’ income for compliance with ability-to-repay standards established by the Consumer Financial Protection Bureau can prompt fair lending liability issues. During a webinar hosted by Inside Mortgage Finance Publications last week, R. Colgate Selden, counsel at the law firm of Alston & Bird, said there are a number of fair lending issues surrounding income documentation and determining debt-to-income ratio calculations ...
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Congress Shoots Down HAWK, Rejects FHA Fee

December 19, 2014
Congress denied funding for an enhanced FHA housing counseling initiative for first-time homebuyers and rejected a request for authority to collect a new FHA fee to enhance quality-assurance reviews. President Obama this week signed the FY 2015 Consolidated and Further Continuing Appropriations Act, a comprehensive package of 11 funding bills for federal agencies. The bill does not include the provisions the FHA had sought to toughen enforcement and help lower costs for first-home purchases. The House passed the $1.1 trillion omnibus spending bill, H.R. 83, by a vote of 219-to-206 on Dec. 11, narrowly avoiding a government shutdown. The Senate approved the bill on Dec. 13. The bill allocates $47 million to the Department of Housing and Urban Development’s housing counseling program and $50 million for foreclosure mitigation counseling. It also provides $400 billion in ...
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VA Announces New, Lower Loan Limits in 2015

December 19, 2014
The Department of Veterans Affairs announced new, lower loan limits for 2015 after Congress decided not to extend the agency’s current maximum lending limits beyond 2014. The current limits will expire on Dec. 31. Under new guidelines, the maximum guaranty amounts for VA loan limits in 2015 will match the lower conforming loan limits established by the Federal Housing Finance Agency for the government-sponsored enterprises next year. These limits range from $417,000 to $625,500, depending on where the borrower is located. VA’s loan limits are tied to the county-based limits established for conforming loans backed by Freddie Mac. Freddie’s loan limits are calculated based on median house prices in counties across the nation. In recent years, VA’s high-cost loan limits have exceeded Freddie’s due to statutory authority granted under the Housing and Economic Recovery Act of 2008. The VA authority was ...
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OIG Recovers $300M from SunTrust Settlement

December 19, 2014
The Inspector General of the Department of Housing and Urban Development has announced a $300 million recovery from an earlier settlement between SunTrust Mortgage and the Department of Justice, Consumer Financial Protection Bureau, the HUD Office of the Inspector General, and 50 state attorneys general. The settlement resolved allegations of violations of FHA requirements in a joint complaint filed on June 14, 2014, by federal and state enforcement agencies. The suit against SunTrust alleged misconduct related to the origination and servicing of single-family residential mortgages. The problem loans were uncovered during a routine OIG review of targeted FHA-insured loans. According to the suit, as an FHA direct endorsement lender, SunTrust certified poorly underwritten loans for FHA insurance from January 2006 through March 2012, despite its knowledge of ...
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