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Inside the CFPB
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FHFA Directs Fannie and Freddie to Give Lenders a Break on ‘Reps & Warrants’

May 12, 2014
Paul Muolo
Among the changes, the two GSEs will no longer require that a lender automatically repurchase a residential loan when a mortgage insurance company rescinds coverage.
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Ethos Eager to Enter Non-QM Space, But Details Need to be Worked Out

May 9, 2014
Thomas Ressler
Non-QM mortgages will exist throughout the credit spectrum, according to Mitch Hochberg, a partner at Fenway Summer and general counsel at Ethos Lending, a start-up wholesale mortgage originator.
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A Senate Floor Vote on Johnson-Crapo Appears Unlikely

May 9, 2014
Paul Muolo
It’s now believed that the legislation will clear the committee, but Majority Leader Harry Reid will not allow it to move any further because of weak support overall.
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Non-QM Lending Is an Attractive Space, But MBS Investor Confidence Needs to be Regained

May 9, 2014
The sphere of mortgage lending that will exist outside the parameters of the qualified-mortgage standard established by the Consumer Financial Protection Bureau represents an attractive opportunity for both lenders and bond buyers, but skittish investors need to be won back before they return and participate to any significant degree. That was one of the key take-aways from a webinar sponsored this week by Inside Mortgage Finance, an affiliated publication. Non-QM mortgages will exist...
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As the Yield on the 10-Year Treasury Continues to Fall, Some Question Whether MBS Are Starting to Look Pricey

May 9, 2014
Over the past 10 days, MBS prices have risen by roughly 50 basis points. Since early April, prices have jumped 150 basis points, based on the Fannie Mae 4s, catching market participants off guard. Joe Farr, director of sales for MBSQuoteline, noted, “The expectation was that everyone thought bond prices would fall.” But it hasn’t turned out that way, even with the Federal Reserve continuing to taper its investment in MBS. The problem in the MBS market continues...
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Judge Gives Preliminary Approval to $280M JPMorgan Deal; Appeals Court Rejects UBS Shareholders Bid

May 9, 2014
A New York federal judge has given preliminary approval to a $280 million settlement proposed by JPMorgan Chase to investors who claimed they were misled into buying $36.8 billion of non-agency MBS, ending a long-running, consolidated class-action suit. U.S. District Judge Pamela K. Chen granted initial approval late last week to the settlement with investors led by the Public Employees’ Retirement System of Mississippi. The Mississippi pension plan sued...
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Hurdles Around Peer-to-Peer Lending Need to be Removed Before P2P Securitization Can Take Off

May 9, 2014
There are some potential problems with the evolving peer-to-peer lending sector that need to be resolved before ratings can be assigned to the securitization of such assets, according to Standard & Poor’s Ratings Services. To start to get a handle on this emerging sector, it is important to understand P2P companies’ specific strategies and their target demographic of borrowers and investors. “Platform operators in the P2P lending sector are...
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What We’re Hearing: Will Ocwen Start an Insurer So It Can Join the FHLB System? / What Will Watt Say? / Are Fannie and Freddie Dogs? / Cargill Likes Freddie At Least / Top Nationstar Executive Departs / Is Stearns Lending Raiding Wells Fargo for Staff?

May 9, 2014
Paul Muolo
One REIT manager suggested that in time FHFA Director Mel Watt may move to eliminate the captive insurer/FHLB “loophole”…
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Plenty of Opportunities Seen in Non-QM Lending

May 9, 2014
While originating loans that do not meet qualified-mortgage standards does pose litigation risk, many of the lenders willing to offer the loans to prime borrowers have established underwriting standards that minimize the risks while participating in a sector with less competition than the agency market. Mitch Hochberg, general counsel at Ethos Lending and a partner at Fenway Summer, estimated that non-QMs would account for at least 12.5 percent of originations in 2014, assuming a ...
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CFPB Considering DTI Cure for Non-Agency QMs

May 9, 2014
The Consumer Financial Protection Bureau is considering allowing lenders that accidentally trip the debt-to-income ratio threshold for qualified mortgages to cure the mistake and maintain QM status for the loan. The 43 percent DTI ratio standard for QMs currently only applies to non-agency mortgages that aren’t eligible for sale to the government-sponsored enterprises. The limited right to cure DTI mistakes was proposed last week in conjunction with a proposal from the agency to ...
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