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Inside the CFPB
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FINRA Proposes Rule Change for TRACE Reporting And Dissemination of Rule 144A, Other ABS Deals

December 6, 2013
The Financial Industry Regulatory Authority, an internal cop for the U.S. securities industry, has proposed a narrower definition of “asset-backed security” to facilitate the reporting of certain transactions, including Rule 144A ABS transactions, to the group’s disclosure system. The new redefined ABS category would apply to a broad group of securities, including ABS pools backed by credit-card receivables, student loans, auto loans and other products and instruments that currently fall under the ABS umbrella. The proposed changes concern required reporting to FINRA’s Trade Reporting and Compliance Engine. Under FINRA’s proposal, ABS is...
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Rating Criteria for Non-QMs Won’t Be Ready In Time

December 6, 2013
Brandon Ivey
Kroll Bond Rating Agency late this week released proposed criteria for rating non-QMs, making it the second rating service to formally seek comments on such criteria.
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S&P: Big Banks Could Pay Over $100B in Mortgage Legal Costs

December 6, 2013
Charles Wisniowski
“Our estimate of legal and rep and warrant reserves for the largest banks is a total of roughly $60 billion,” S&P writes in a new report. “We estimate that the largest banks may need to pay out an additional $55 billion to $105 billion to settle mortgage-related issues, some of which is already accounted for in these reserves.”
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What We’re Hearing: Will Watt Make the CSP a Priority at FHFA? / FHFA May Pick a CSP Chairman First / Luke Hayden? / Fear and Loathing in Servicing-land / Why is a Top-Ranked LO Being Sued by WJB?

December 6, 2013
Paul Muolo
Ed DeMarco might possibly name a chairman for the CSP platform and let Mel Watt have the final say on the CEO slot. Two mortgage executives interviewed for the CEO job include Peter Carroll and Luke Hayden.
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Mortgage Insurers Anxiously Await New Capital Rules From FHFA

December 6, 2013
The Federal Housing Finance Agency is still weighing final risk-to-capital rules for mortgage insurance firms that conduct business with Fannie Mae and Freddie Mac, with a target release date of mid-December, MI executives told Inside The GSEs. MI sources with knowledge of the situation said the FHFA will likely issue a risk-to-capital minimum of 18:1 compared to the current standard of 25:1. Also, there is talk of a phase-in period and “bi-furcation” for legacy versus new companies.
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Pending Watt Nomination Affected FHFA’s Loan Limit Direction?

December 6, 2013
The once deadlocked but now all-but-certain confirmation of Rep. Mel Watt, D-NC, to be the new director of the Federal Housing Finance Agency has left industry observers uncertain as to the continued policy direction of the FHFA. Based on client conversations, Compass Point Research & Trading Analyst Isaac Boltansky speculated in an analysis that the FHFA’s announcement last week to retain its baseline maximum conforming loan limit was influenced by Watt’s widely expected, pending confirmation.
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ResCap Deal With FHFA Indicates More MBS Settlements to Come

December 6, 2013
A Manhattan federal court this week approved a proposed settlement between Residential Capital and the Federal Housing Finance Agency that both clears the way for the former conduit to exit bankruptcy and brings the FHFA one step closer to completing its massive legal action against some of the nation’s top financial institutions.Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved the agreement, which is tied to a settlement the FHFA reached with Ally Financial, ResCap’s former parent, in late October.
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Broker Group May Sue CFPB Over Lender-Paid Compensation

December 5, 2013
Thomas Ressler
In its fundraising pitch for its lawsuit against the CFPB, the NAIHP states that, “Neither Congress nor the executive branch holds any authority to curb CFPB’s behavior. Only the courts can stop them.”
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Best Practices Stressed for Surging Jumbo Sector As More Lenders Enter the Non-Agency Market

December 5, 2013
Originations of non-agency jumbo mortgages are stronger than the overall market, big banks are competing for wealthy borrowers and smaller firms are looking to enter the market. While jumbos originated in recent years have performed exceptionally well, Standard & Poor’s stresses that lenders should control their growth. “In our opinion, controlled growth is a key aspect to the comprehensiveness and ultimate success of an originator’s business strategy,” the rating service said in a recent overview of jumbo performance and best practices. “We believe that aggressive growth strategies could result in difficulties managing the quality of the origination process.” S&P noted...
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Broker Group Planning to Sue CFPB Over Disclosure of Lender-Paid Compensation

December 5, 2013
The National Association of Independent Housing Professionals is maneuvering to sue the Consumer Financial Protection Bureau over broker disclosure of lender-paid compensation under the new ability-to-repay rule, but has yet to green-light an actual filing, pending a needed fundraiser, Inside Mortgage Finance has learned. “The CFPB is an independent agency with no oversight. From their inception on July 21, 2011, they have continually used their authority to pick winners and losers, causing unprecedented harm to consumers, mortgage brokers, loan originators, appraisers and other small-business housing professionals,” the organization said in a fund-raising appeal. “In order to stop these anti-consumer, anti-competition, job-killing rules, NAIHP is filing suit.” In its fundraising pitch, the group noted...
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