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Inside the CFPB
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Shareholders Announce $170M Legal Settlement with Fannie

October 31, 2014
Fannie Mae will pay $170 million to certain investors to settle a consolidated class-action lawsuit that alleges the GSE misrepresented its exposure to subprime loans in the run up to the 2008 mortgage crisis.The lead plaintiffs in the case include the Massachusetts Pension Reserves Investment Management Board and State Boston Retirement Board, which represent a class of common stockholders. The Tennessee Consolidated Retirement System represents a class of preferred stockholders.
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Federal Judge Shuts Down Mass. AG’s GSE Foreclosure Lawsuit

October 31, 2014
A federal judge last week dismissed claims brought by the state of Massachusetts that Fannie Mae and Freddie Mac violated state law by putting limits on the sale of pre- and post-foreclosure homes. State Attorney General Martha Coakley filed suit in June against the Federal Housing Finance Agency, as GSE conservator, alleging that Fannie and Freddie are violating state law by refusing to negotiate lower terms for distressed Bay State homeowners.
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Ocwen Sets Aside $100 Million for Potential Settlement with the NYDFS

October 30, 2014
Paul Muolo
The share price of Ocwen Financial recently fell to a 52-week low of $18.47, a 70 percent decline that has wiped out at least $5 billion in market equity.
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Redwood to Include More Non-QMs in its Latest Jumbo MBS

October 30, 2014
Brandon Ivey
Meanwhile, 84 lenders contributed to Redwood’s pending issuance, led by First Republic Bank with a 32.6 percent share.
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The Recent Rate Decline Isn’t Expected to Slow the Mortgage M&A Train; Guild is Still Hungry for Deals

October 30, 2014
When rates take a noticeable dive – as they have the past few weeks – mortgage lenders contemplating a sale sometimes have a change of heart, opting to ride the new production wave. But this time around, that doesn’t appear to be the case. “Most every lender I speak to understands this to be a very temporary event prior to a relatively cold and uncertain winter,” said M&A advisor Rick Roque of Menlo Company. Over the past two months, Inside Mortgage Finance has found 10 publicly announced M&A transactions with several more likely signed that weren’t disclosed. Roque, who’s working on several deals, said...
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Underwriting, Compensating Factors Seen as Key For Limiting Risk When Originating Non-QMs

October 30, 2014
While originations of loans that don’t meet standards for qualified mortgages can subject lenders to increased liability, underwriting and compensating factors can help limit risks from non-QMs, according to Moody’s Investors Service. “Non-QM loans typically carry higher default risks than QM loans, but lenders can mitigate those risks by originating loans with attributes that compensate for the weaknesses that put the loans outside of the QM guidelines,” analysts at Moody’s said in a report published late last week. The rating service said...
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Injecting Unrealistic Data Integrity Standards into HMDA Could Cause Havoc, Industry Tells CFPB

October 30, 2014
Mortgage lending industry representatives urged the Consumer Financial Protection Bureau to establish workable data integrity standards as it substantially expands reporting requirements under the Home Mortgage Disclosure Act. “Our members are committed to reporting accurate data and strive to do so, but the current supervisory expectation of a near-zero error rate is virtually impossible to achieve,” said six industry trade groups said in a joint comment letter. “As community banks and other small lenders pointed out to the bureau during the Small Business Regulatory Enforcement Fairness Act panel, the doubling of the number of reported fields can be expected to cause the error rate to increase exponentially.” Some small business participants raised...
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Servicing Sales Mostly on Flow Basis Now, But Observers Expect More Bank Activity Ahead

October 30, 2014
Although most of the mortgage-servicing sales in recent months have been flow transactions of new production, more banks – especially mid-tier institutions – are expected to unload servicing in response to regulatory constraints, according to experts at last week’s Mortgage Bankers Association annual convention in Las Vegas. Many banks continue to focus on capital risk management and serving their core customers, said David Hisey, executive vice president of Nationstar Mortgage, during a panel session on servicing. Many servicing transfers are driven by a desire to deal with one or both of those issues, he added. Most mortgage servicing rights transfers now are...
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Ocwen Sets Aside $100 Million for Possible Settlement; Counterparties Cautious About Dealing With Firm

October 30, 2014
Late this week, Ocwen Financial Corp. announced that it has set aside $100 million for a possible regulatory settlement with the New York Department of Financial Services, a move that couldn’t come too soon for the troubled “high-touch” servicer. But the company also cautioned that a settlement with the NYDFS is hardly a sure thing. More-over, some Ocwen watchers believe a deal with New York could spur other state regulators to take action against the company. One consultant who has done work for Ocwen told...
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Experts: Obama Admin. Should Look to Release Fannie, Freddie From Conservatorship to Build Policy Legacy

October 30, 2014
The Federal Housing Finance Agency and the Obama administration could secure their legacies during the next two years by releasing Fannie Mae and Freddie Mac from conservatorship as two stable and smaller government-sponsored enterprises, say some experts. Speaking during a conference call sponsored by GSE shareholder rights group Investors Unite, Clifford Rossi – founder and principal at Chesapeake Risk Advisors – reiterated his call for an administrative solution that would recapitalize the GSEs and bring them out of conservatorship under strict conditions. “Knowing that it’s going to be an uphill battle to get any sort of resolution from Congress, it could be...
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