There’s a growing concern among participants in the secondary market that legislation in the Senate to reform the government-sponsored enterprises won’t be able to allow the to-be-announced market to function. The latest anxieties were raised by officials at Fannie Mae and Freddie Mac, whose securities flourish in the TBA market. Legislation in the Senate from Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, calls for the preservation of the TBA market but doesn’t provide any roadmap for how the proposed Federal Mortgage Insurance Corp. should accomplish that feat. “Unless the FMIC sets...

Additional industry layoffs are likely in the months ahead. In the first quarter, all lenders originated just $235 billion in mortgages. It was the weakest production quarter in 14 years.

Consumer Financial Protection Bureau examiners have reportedly become suspicious of certain mortgage banking executives’ participation in the exam process and escalated their interaction by pressing them to provide their input under oath. Officials at the consulting firm of Garrett, McAuley & Co. reported a disturbing development at a mortgage company in a Mid-Atlantic state undergoing a CFPB exam. “The examiner-in-charge apparently thought that the owner was lying, and the CFPB now wants to question him under oath,” principal Joe Garrett said in a recent note to clients. “Under oath? Whether or not they can prove...

The New York Department of Financial Services expanded its investigation of nonbank servicers, raising concerns about sales of real estate owned properties for Ocwen Financial by Altisource Portfolio Solutions, an affiliate of the nonbank servicer. Officials at Altisource downplayed the concerns late last week and said the company plans to continue to grow with Ocwen. In February, NYDFS Superintendent Ben Lawsky put on indefinite hold a planned servicing transfer from Wells Fargo to Ocwen on mostly non-agency mortgages with an unpaid principal balance of $39.2 billion. Lawsky has sent a number of questions to Ocwen as well as Nationstar Mortgage based on concerns that the nonbank servicers were growing too quickly. Officials at Ocwen note...

Mortgage lenders scored a victory this week when the Consumer Financial Protection Bureau announced it will grant lenders a “right to cure” home loans that inadvertently exceed the 3 percent points-and-fees cap for qualified mortgages. “The bureau is proposing to allow for a post-consummation cure of points-and-fees overages only where the loan was originated in good faith as a qualified mortgage to ensure that the cure provision is available only to creditors who make inadvertent errors in the origination process and to prevent creditors from exploiting the cure provision by intentionally exceeding the points-and-fees limits,” the agency said. Currently, under the CFPB’s ability-to-repay rule, the points and fees charged to a consumer on a QM loan generally cannot exceed...

Although the Johnson-Crapo housing finance reform bill has little chance of becoming law this year, comments on the legislation submitted to the Treasury Department by the Federal Housing Finance Agency strongly suggest that the current regulator of the government-sponsored enterprises wants its reincarnation to have expanded oversight powers. Industry officials, lobbyists and executives tracking the bill note that if the FHFA has its way, the new Federal Mortgage Insurance Corp. will become a supervisor of nonbanks that originate loans slated for securitization. Currently, the FHFA serves...

The status of housing finance reform legislation has become a topic of open speculation after the leadership of the Senate Banking, Housing and Urban Affairs Committee announced a last-minute postponement of a markup this week following the submission of some 100 amendments and the continued non-commitment of support by some committee Democrats. Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, announced to a packed committee chamber earlier this week that they would delay consideration of S. 1217 in order to “build a larger coalition of support” for their reform measure. “While we have the votes to report the bill out today, members of the committee have asked...

The TV ad we viewed is so glowing in praise that one might think the GSEs themselves produced it.

Industry officials who have studied the issue contend that the Treasury Department does not have the legal right to give Fannie and Freddie back to their junior and common shareholders. In short, it would take an act of Congress.

Although Garrett declined to comment further on the matter, attorneys that represent lenders before the CFPB were happy to share their opinions on the "under oath" issue.