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Rep. Waters Files Her Own Housing Finance Reform Bill, Likely DOA

March 27, 2014
Charles Wisniowski
Among other things, the proposed Mortgage Securities Cooperative would be the only issuer of government-backed MBS. The MSC would be governed on a one-member, one-vote basis.
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Old Republic Encounters Cold Reception in Capital Markets,Will Use Own Funds to Prop Up Ailing MI

March 27, 2014
Old Republic International has abandoned plans to recapitalize its mortgage guaranty subsidiary for lack of investor interest and will tap its own resources to boost the regulatory capital of its ailing MI companies while trying to pay off remaining claims, according to top company executives. The decision was due to ORI’s unsuccessful bid to attract new investors under the terms and conditions laid out by the RMIC Companies, which constitutes Old Republic’s consumer credit indemnity and mortgage guaranty lines of business. The two operations are currently in runoff mode and have not written any new business since 2008 and 2011, respectively. While the failure to attract fresh funding was disappointing, it does not change...
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Feds Propose Minimum Requirements for State Oversight of Appraisal Management Companies

March 27, 2014
The Consumer Financial Protection Bureau, the Federal Housing Finance Agency and four other federal financial regulators issued a proposed rule this week that would implement minimum requirements for state registration and supervision of appraisal management companies. Mandated by the Dodd-Frank Act, the requirements would apply to states that voluntarily choose to establish an appraiser certifying and licensing agency with the authority to register and supervise AMCs. While there would be no penalty imposed on states that do not establish a regulatory structure for AMCs, these businesses would be barred from providing appraisals in such states. The provisions in the proposed rule are...
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Experts: Shareholders Lawsuits Challenging Government’s GSE Profit Grab a ‘Tough Row to Hoe’ for Plaintiffs

March 27, 2014
Expect a long and winding legal road to resolution of investor lawsuits challenging the Treasury Department’s “net worth sweep” of Fannie Mae and Freddie Mac earnings, warn legal experts. More than a dozen lawsuits filed against the government – including hedge funds Perry Capital and Fairholme Capital Management – are pending in federal district court in Washington, DC, and in the Court of Federal Claims. The shareholder plaintiffs allege that the Treasury’s change in the dividend structure of its preferred stock leaves the government-sponsored enterprises with no funds to pay dividends to junior shareholders. The complaints raise...
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Smaller Mortgage Lenders Swearing Off Non-QM Lending

March 26, 2014
Thomas Ressler
Addressing CFPB officials at the American Bankers Association’s government relations conference in Washington, one community banker from Oklahoma reported survey findings that one-third of respondents in the state are no longer offering residential mortgages.
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Nonbank Servicers More Reliant on Loan Modifications than Depositories

March 26, 2014
Brandon Ivey
Nonbanks had an average of 400 loans per full-time employee in the fourth quarter of 2013, according to Fitch, up from about 300 loans per full time employee in the second half of 2012.
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Short Takes: An Unexplained Spike in Ocwen’s Stock / The Magic Touch of Bill Erbey / Commercial Bank Analyst Bove Backs the GSEs / Should Mitchell Delk Start Making Restaurant Reservations? / Redwood Jumbo MBS Ready to Price

March 26, 2014
Brandon Ivey, Paul Muolo, and Charles Wisniowski
The government’s plan to wind down Fannie Mae and Freddie Mac is wrongheaded and would result in lower housing prices, economic harm and higher unemployment. So says well-regarded bank analyst Richard Bove of Rafferty Capital Markets.
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FHFA Announces $9.3 Billion MBS Settlement With BofA

March 26, 2014
Charles Wisniowski
In return, FHFA's pending lawsuits will be dismissed with prejudice and Bank of America and its affiliates will be released from all securities law and fraud claims, as well as certain other claims related to the non-agency RMBS in dispute.
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CFPB Enforcement Reveals an Aggressive Cop

March 25, 2014
Thomas Ressler
CFPB watchers say the bureau’s broad examination authority and a database of more than 300,000 consumer complaints will provide a fertile pipeline for enforcement actions going forward.
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Will Preferred Shareholders in Fannie and Freddie Lose Their ‘Bet’?

March 25, 2014
Paul Muolo
Betting on Fannie/Freddie junior preferred shares is a crap-shoot and a winner won't be picked for several years.
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