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Inside the CFPB
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Short Takes: Hey Mel, Where’s the Formal Proposal on Looser GSE Credit? / Two Large MSR Auctions? / Warehouse Outlook Subdued / Risks and Rewards of Mortgage REITs / HUD’s Disparate Impact Rule Toast?

November 5, 2014
Paul Muolo
Whatever might be in the works at the FHFA regarding looser credit won’t be out until mid-December, we’re told…
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HUD Won’t Adopt CFPB’s Amended QM Points-and-Fees ‘Cure’ Provision

November 4, 2014
George Brooks
The CFPB initially allowed a simple refund of the excess amount under certain conditions...
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Enterprise Endnotes

October 31, 2014
FHFA’s Watt Promises a CEO for the CSP by Year-end. After a year of searching for a chief executive to lead Common Securitization Solutions, the Federal Housing Finance Agency is getting closer to picking a candidate for the job. Speaking at the annual convention of the Mortgage Bankers Association in Las Vegas last week, FHFA Director Mel Watt promised the industry that a CEO would be named by Dec. 31. The FHFA’s search firm is Spencer Stuart.
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OCC: Freddie Re-Default Mods Perform Ahead of Fannie in 2Q14

October 31, 2014
Modified Freddie Mac mortgages performed better than Fannie Mae loans more than two years after modification as the performance gap between the two GSE closed slowly, according to the Office of the Comptroller of the Currency. The OCC’s latest Mortgage Metrics Report noted that Freddie loans had a 15.5 percent re-default rate six months after modification, while Fannie mods saw a 16.2 percent rate.At the 12-month mark, Freddie stood at 21.9 percent compared to Fannie’s 23.2 percent.
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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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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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Industry Commenters Take Aim At FHFA’s GSE Housing Goals

October 31, 2014
The Federal Housing Finance Agency may end up having second thoughts about its proposed housing goals for Fannie Mae and Freddie Mac given the room for improvement industry members cited in comment letters to the agency. Issued by the FHFA in September, the proposal would increase some of the benchmark levels for Fannie’s and Freddie’s affordable housing goals through 2017, while also establishing new housing subgoals for low-income multifamily properties.
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GSE Shareholder Petitions Iowa Court to Reverse DC’s Dismissal

October 31, 2014
An Iowa-based GSE last week asked a federal court in the state to give “no weight” to a ruling earlier this month by a federal judge who dismissed litigation by other GSE shareholders, including Perry Capital and Fairholme Funds. Continental Western Insurance Co. filed papers in U.S. District Court for the Southern District of Iowa Central Division arguing that Judge Royce Lamberth was “simply wrong” in his interpretation of the Housing and Economic Recovery Act of 2008 and his HERA-based rationale to shut down shareholders’ suits in DC.
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Experts: Uncertain Future of GSEs Will Accelerate Turnover

October 31, 2014
With little chance of GSE reform legislation passing until 2016, Fannie Mae and Freddie Mac will continue to experience employee turnover as well as infrastructure upkeep challenges, say experts. Speaking during a conference call sponsored by GSE shareholder rights group Investors Unite this week, Matt Seu, principal with Actualize Consulting and a former Freddie vice president, warned that six years of government conservatorship have taken a toll on the institutional memories at both companies. …
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Lenders Encouraged by FHFA Buyback Relief, Want Details

October 31, 2014
Mortgage professionals seem cautiously optimistic about new policy proposals from the Federal Housing Finance Agency on buyback relief and high loan-to-value lending, but it remains to be seen whether they will have the desired impact. Speaking at the annual convention of the Mortgage Bankers Association last week, FHFA Director Mel Watt shared some concrete details about the new “life of loan” representation-and-warranty relief and outlined a number of other changes on tap.
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