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Inside the CFPB
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FHFA’s New HARP Effort a Waste of Time?

July 11, 2014
Charles Wisniowski
“We’ve got approximately $72 million [of HARP refinance business that can be done] in this metropolitan area," said FHFA director Mel Watt about Chicago. "People won’t come in and say I want that money.”
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New GSE Mortgage Insurance ‘Stand-In’ Does Nothing to Reduce Buyback Uncertainty

July 11, 2014
Charles Wisniowski
New GSE repurchase requirements are now in effect, including the “MI stand-in” option, which Fannie defines as “the full mortgage insurance benefit that would have been payable under the original mortgage insurance policy if the mortgage loan liquidates.”
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FHFA Unleashes New Capital Rules on MI Sector

July 10, 2014
Paul Muolo
At the very least, MI firms must have $400 million in capital, and $500 million if the company is start-up mortgage insurer.
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Short Takes: More Room to Run for Mortgage Insurance Stocks? / Nationstar Cuts New Employment Deal with Its President / Is the Single-Family Investment Market Overheating? / FHFA Hoping on HARP

July 10, 2014
Paul Muolo
We know of some veteran mortgage bankers who believe the “fix and flip” housing market is getting overheated. One lender told us he fears a severe correction could hit California…
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U.S. Judge Finds MERS Liable in Mortgage Recording Suit, Registry Faces Possibility of Costly Award, New Lawsuits

July 10, 2014
An industry that is used to reading about MERS’ court victories was stunned last week after a federal court judge in Pennsylvania found Merscorp Inc. and its electronic mortgage registry system in violation of state recording laws for real estate properties. While the ruling by U.S. District Court Judge J. Curtis Joyner may be appealed, MERS could be held liable for its role as an “agent” for member-lenders involved in property transfers and for alleged unjust enrichment, according to legal experts. The case was brought...
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SunTrust Mortgage to Pay $320M To Settle HAMP Fraud Allegations

July 10, 2014
SunTrust Mortgage will pay $320 million to resolve a criminal investigation and allegations that the bank misled homeowners interested in the Home Affordable Modification Program, the Department of Justice announced late last week. In the first settled case of its kind, SunTrust allegedly misrepresented how long it would take to determine if a borrower was qualified for HAMP and how long the trial period would last. “Specifically, SunTrust made...
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Consumer Advocates See CFPB Allowing Cure for DTI Ratio Overages on QMs as Doing More Harm than Good

July 10, 2014
A number of consumer advocates strongly oppose a proposal from the Consumer Financial Protection Bureau that would allow lenders to cure mistakes regarding debt-to-income ratios on qualified mortgages. Lenders calling for the DTI ratio right-to-cure on QMs are making “Chicken Little” claims to support their arguments, according to the National Consumer Law Center and the National Association of Consumer Advocates. In April, the CFPB requested...
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To Avoid QM Landmines, Wholesalers Tread Carefully in Payments to Mortgage Brokers

July 10, 2014
Mortgage wholesalers are being extra careful these days on how much they pay loan brokers in a table-funding transaction to make sure they don’t run afoul of the points-and-fees cap on qualified mortgages set by the Consumer Financial Protection Bureau. According to interviews conducted by Inside Mortgage Finance over the past few weeks, table funders are capping those fees at anywhere from 2.20 percent to 2.75 percent. Some may go as low as 1.40 percent. The cap for qualified mortgage eligibility set by the CFPB under the Dodd-Frank Act is...
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House Democrats File ‘Middle Ground’ GSE Reform Legislation

July 10, 2014
Charles Wisniowski
The Democratic proposal calls for private mortgage capital to backstop the first 5 percent of conventional-mortgage securitizations with the remaining 95 percent of risk shared “on a pari passu basis.”
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CSBS Worried Lenders Could Exploit ‘Right to Cure’

July 9, 2014
Thomas Ressler
“Under the proposed amendment, lenders who pursue these deceptive practices may receive a safe harbor for these transactions,” the CSBS said.
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